Representation Rights and Procedures Sample Clauses

The 'Representation Rights and Procedures' clause defines the rights of parties to be represented, typically by legal counsel or other authorized agents, during negotiations, dispute resolution, or other formal proceedings under the agreement. It outlines the process by which parties may appoint representatives, notify the other party of such appointments, and the scope of authority granted to those representatives. This clause ensures that all parties have a clear and fair opportunity to participate in proceedings through chosen representatives, thereby promoting procedural fairness and protecting the interests of each party.
Representation Rights and Procedures. 14.02 When a supervisor intends to investigate an employee for a purpose that may result in discipline, the employee and the Union will be notified at least 24 hours in advance. The employee will be informed by the supervisor that, in accordance with Article 3.06, the employee has the right to be accompanied by a Union ▇▇▇▇▇▇▇ or Union Officer. A Union representative will be present at all disciplinary meetings except in a case of serious employment misconduct where immediate action is warranted (see Article 14.03). 14.03 In the event of serious employee misconduct where immediate action is warranted, the requirement for 24 hours notice may be waived. In this event, the supervisor will make a reasonable effort to have a Union ▇▇▇▇▇▇▇ or Union Officer present at any initial meeting. See also Article 14.07. 14.04 In any case of employee discipline, if an alleged breach of an employee’s representational rights is advanced to arbitration the arbitrator will decide: (a) whether or not a breach of the employee’s representational rights has occurred; and if so (b) whether or not the breach is sufficiently serious to prevent the University from relying on the incident(s) that gave rise to the discipline to prove just cause for discipline; or (c) if the breach of the employee’s representational rights is not sufficiently serious to prevent the University from relying on the incident(s) that gave rise to the discipline to prove just cause for discipline, whether or not the breach is relevant to the penalty imposed by the University and, if so, whether or not in all the circumstances a lesser penalty should be imposed.
Representation Rights and Procedures. When a supervisor intends to investigate an employee for a purpose that may result in discipline, the employee and the Union will be notified at least 24 hours in advance. The employee will be informed by the supervisor that, in accordance with Article 3.06, the employee has the right to be accompanied by a Union ▇▇▇▇▇▇▇ or Union Officer. A Union representative will be present at all disciplinary meetings except in a case of serious employment misconduct where immediate action is warranted (see Article 14.03).

Related to Representation Rights and Procedures

  • Representation Rights The Association shall have the right to meet and confer in good faith with the County regarding wages, hours, and other terms and conditions of employment for representation Unit 25, within the scope of representation. The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including but not limited to wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include the consideration of the areas enumerated as exclusive County rights in the Management Rights Article of this MOU.

  • Rights to Representation Any party of interest may be represented at all meetings and hearings at any level of the grievance procedure by another teacher or another person. Provided, however, that no teacher may be represented by an officer, agent, or other representative of any educational organization other than the Association and the Michigan Education Association and the National Education Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance processing.

  • Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

  • Notice and Procedures If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any person in respect of which indemnification may be sought pursuant to either paragraph (a) or (b) above, such person (the “Indemnified Person”) shall promptly notify the person against whom such indemnification may be sought (the “Indemnifying Person”) in writing; provided that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have under paragraph (a) or (b) above except to the extent that it has been materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have to an Indemnified Person otherwise than under paragraph (a) or (b) above. If any such proceeding shall be brought or asserted against an Indemnified Person and it shall have notified the Indemnifying Person thereof, the Indemnifying Person shall retain counsel reasonably satisfactory to the Indemnified Person (who shall not, without the consent of the Indemnified Person, be counsel to the Indemnifying Person) to represent the Indemnified Person in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Person shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Person unless (i) the Indemnifying Person and the Indemnified Person shall have mutually agreed to the contrary; (ii) the Indemnifying Person has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Person; (iii) the Indemnified Person shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Indemnifying Person; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Indemnifying Person and the Indemnified Person and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Indemnifying Person shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Persons, and that all such fees and expenses shall be paid or reimbursed as they are incurred. Any such separate firm for any Underwriter, its affiliates, directors and officers and any control persons of such Underwriter shall be designated in writing by the Representatives and any such separate firm for the Company, its directors, its officers who signed the Registration Statement and any control persons of the Company shall be designated in writing by the Company. The Indemnifying Person shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Indemnifying Person agrees to indemnify each Indemnified Person from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Person shall have requested that an Indemnifying Person reimburse the Indemnified Person for fees and expenses of counsel as contemplated by this paragraph, the Indemnifying Person shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by the Indemnifying Person of such request and (ii) the Indemnifying Person shall not have reimbursed the Indemnified Person in accordance with such request prior to the date of such settlement. No Indemnifying Person shall, without the written consent of the Indemnified Person, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Person is or could have been a party and indemnification could have been sought hereunder by such Indemnified Person, unless such settlement (x) includes an unconditional release of such Indemnified Person, in form and substance reasonably satisfactory to such Indemnified Person, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Person.

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