LAYOFF DETERMINATION Sample Clauses

LAYOFF DETERMINATION. A. The City in its sole discretion shall decide whether layoffs are necessary and what positions will be eliminated to effectuate a reduction in the work force. The City shall not be arbitrary or capricious in the exercise of this discretion. The City shall inform the employee and Local 1245 of the reasons for a layoff, but this shall not diminish in any way the discretion that the City has under this subsection. B. Classification Assignment 1. Employees filling positions under the provisions of Section 6.6 of the Agreement shall be assigned duties within the scope of the classification to which they are assigned.
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LAYOFF DETERMINATION. Any employee laid off in accordance with this Section shall be entitled to a recall to any vacancy in a category in which they worked or for which they have bumping rights for a period of one (1) calendar year from the last compensated day of employment. Acceptance of recall to a part-time position shall not extinguish one’s recall rights to a full-time position. Said recall shall be in the reverse order of layoff (e.g., the employee with the greater seniority recalled first, the employee with the next greater seniority recalled second, etc.). Notices of recall shall be sent by certified mail to last known address provided to the Board. The recall notice shall state the time and date on which the employee is to report back to work.
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LAYOFF DETERMINATION. The City may determine when layoffs are necessary. The City may lay off employees when such action is determined to be necessary by reason of lack of work, lack of funds, and/or reorganization of the department with seniority and operational needs considered.
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LAYOFF DETERMINATION. No teacher will be laid off under the provision of this Article if the reduction in staff can be accomplished by normal staff turnover, provided the remaining staff are licensed to perform the work. When a position is eliminated, the teacher to be laid off as a result of such elimination will be selected based upon license area(s) and the application of seniority within such license area(s). When seniority is equal, the Board, through the Superintendent, reserves the right to use other criteria based upon the needs of the District in making its decision. Such other criteria will be grade level, subject area, performance evaluation criteria, and teaching experience within and outside the District as a full-time educational professional. The decision of the Board/Superintendent shall not be subject to grievance or other appeal.
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LAYOFF DETERMINATION. Layoffs shall be defined as reduction of staff or the elimination of any classification or position to ensure the efficient and economical operation of the Division as determined by the Division Director and/or the Governing Body. In the event a reduction in force is deemed necessary, employees shall be laid off as follows: Section 1. The Division Director shall designate the classification(s) where the layoff(s) will occur and, in general, temporary and probationary employees shall be laid off first, followed by employees on part-time schedules, followed by full-time regular employees, the least senior being first.
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Related to LAYOFF DETERMINATION

  • Company Determination Final Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusive.

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

  • Certain Determinations (a) For purposes of determining compliance with any of the covenants set forth in Article V or Article VI (including in connection with any Incremental Facility) at any time (whether at the time of incurrence or thereafter), any Lien, Investment, Indebtedness, Disposition, Restricted Payment or Affiliate transaction meets the criteria of one, or more than one, of the categories permitted pursuant to Article V or Article VI (including in connection with any Incremental Facility), the Borrower (i) shall in its sole discretion determine under which category such Lien (other than Liens with respect to the Initial Term Loans), Investment, Indebtedness (other than Indebtedness consisting of the Initial Term Loans), Disposition, Restricted Payment or Affiliate transaction (or, in each case, any portion thereof) is permitted and (ii) shall be permitted, in its sole discretion, to make any redetermination and/or to divide, classify or reclassify under which category or categories such Lien, Investment, Indebtedness, Disposition, Restricted Payment or Affiliate transaction is permitted from time to time as it may determine and without notice to the Administrative Agent or any Lender. For the avoidance of doubt, if the applicable date for meeting any requirement hereunder or under any other Loan Document falls on a day that is not a Business Day, compliance with such requirement shall not be required until noon on the first Business Day following such applicable date. (b) Notwithstanding anything to the contrary herein, with respect to any amounts incurred or transactions entered into (or consummated) in reliance on a provision of this Agreement that does not require compliance with a financial ratio or test (including, without limitation, any Total Net Leverage Ratio, Consolidated Senior Secured Net Leverage Ratio, Consolidated Senior Secured First Lien Net Leverage Ratio and/or Interest Coverage Ratio) (any such amounts, the “Fixed Amounts”) substantially concurrently with any amounts incurred or transactions entered into (or consummated) in reliance on a provision of this Agreement that requires compliance with any such financial ratio or test (any such amounts, the “Incurrence Based Amounts”), it is understood and agreed that the Fixed Amounts (and any cash proceeds thereof) shall be disregarded in the calculation of the financial ratio or test applicable to the Incurrence Based Amounts in connection with such substantially concurrent incurrence, except that incurrences of Indebtedness and Liens constituting Fixed Amounts shall be taken into account for purposes of Incurrence Based Amounts other than Incurrence Based Amounts contained in Section 7.01 or Section 7.02. (c) Notwithstanding anything to the contrary herein, the ABL/Bond Intercreditor Agreement shall be deemed to be reasonable and acceptable to the Administrative Agent and the Lenders, and the Administrative Agent and the Lenders shall be deemed to have consented to the use of any such ABL/Bond Intercreditor Agreement (and to the Administrative Agent’s execution thereof) in connection with any Indebtedness permitted to be incurred, issued and/or assumed by the Borrower or any of its Subsidiaries pursuant to Section 7.01.

  • Board Determination The Board of Directors of Pubco has unanimously determined that the terms of the Exchange are fair to and in the best interests of Pubco and its shareholders.

  • Committee Determination Any adjustments or other action pursuant to this Section 4 shall be made by the Committee, and the Committee's determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.