Unit Determinations Sample Clauses

The Unit Determinations clause defines how the appropriate group or "unit" of employees is identified for purposes such as collective bargaining or representation. In practice, this clause outlines the criteria and procedures used to decide which employees share a community of interest and should be grouped together, often considering factors like job duties, work location, and employment status. Its core function is to ensure that representation or bargaining processes are conducted with the correct group of employees, thereby preventing disputes over who is included or excluded from such units.
Unit Determinations. Subd. 1. The President/designee shall, in a timely manner, send to the designated local association representative or his/her designee, the position description, organization chart and other supporting documentation for all new unclassified supervisory and professional positions which have not been assigned to an existing bargaining unit or which are proposed for assignment to a different bargaining unit. This includes positions to be placed in managerial, Minnesota State Administrative, and confidential units. Additionally, the President/designee will present a report summarizing new classified positions on a timely basis to the Campus Association. If the local association representative requests a meeting with the university administration within ten (10) working days of mailing or delivery of the data, a meeting shall be held within ten (10) days, unless another date is mutually agreed to. Subd. 2. If the parties cannot agree to the appropriate unit for the position, the President shall make an initial determination as to unit placement and shall submit it to the Chancellor/designee. The Chancellor/designee shall notify the Association’s President or his/her designee and shall arrange a meeting if desired. Subd. 3. If the parties are unable to agree as to unit placement of the position, the Chancellor/designee shall make a determination as to unit placement of the position and shall send the position request for temporary assignment to the Minnesota Management & Budget for submittal to the Minnesota Bureau of Mediation Services. Subd. 4. Managerial and confidential positions upon which the parties have agreed or not raised objections shall be placed in those units. Non-managerial, or non- confidential positions upon which the parties have agreed or not raised objections shall be assigned to the agreed upon unit, and the Chancellor/designees shall send such positions to the Minnesota Management & Budget for submittal to Minnesota Bureau of Mediation Services. Subd. 5. Positions which have gone through the process contained in the Subdivisions 1-3 above, and which remain in dispute, may be challenged by the Association filing the proper petition with the Minnesota Bureau of Mediation Services.
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Unit Determinations. Unit determination shall mean an operational section within a department and/or agency based on common work interests and/or site location(s). It is the intent of the parties that unit determination(s) shall be mutually agreed to between the City and the Bargaining Agent. Unit determinations shall be made within sixty (60) days after the commencement date of this agreement.
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Unit Determinations. Subd. 1. The President/designee or his/her designee shall, in a timely manner, send to the designated local association representative or his/her designee, the position description, organization chart and other supporting documentation for all new unclassified supervisory and professional positions which have not been assigned to an existing bargaining unit or which are proposed for assignment to a different bargaining unit. This includes positions to be placed in excluded management managerial, Minnesota State Administrative, and confidential units. Additionally, the President/designee will present a report summarizing new classified positions on a timely basis to the Campus Association. If the local association representative requests a meeting with the university administration within ten
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Related to Unit Determinations

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Interest Determination Dates The interest rate applicable to a Floating Rate Note for an Interest Reset Period commencing on the related Interest Reset Date will be determined by reference to the applicable Interest Rate Basis as of the particular “Interest Determination Date”, which will be: (1) with respect to the Federal Funds Open Rate—the related Interest Reset Date; (2) with respect to the Commercial Paper Rate, the Federal Funds Rate and the Prime Rate—the Business Day immediately preceding the related Interest Reset Date; (3) with respect to the CD Rate and the CMT Rate—the second Business Day preceding the related Interest Reset Date; (4) with respect to the Constant Maturity Swap Rate—the second U.S. Government Securities business day preceding the related Interest Reset Date, provided, however, that if after attempting to determine the Constant Maturity Swap Rate, such rate is not determinable for a particular Interest Determination Date, then such Interest Determination Date shall be the first U.S. Government Securities business day preceding the original interest determination date for which the Constant Maturity Swap Rate can be determined; (5) with respect to LIBOR—the second London Banking Day (as defined below) preceding the related Interest Reset Date; and (6) with respect to the Treasury Rate—the day of the week in which the related Interest Reset Date falls on which day Treasury Bills (as defined below) are normally auctioned (i.e., Treasury Bills are normally sold at auction on Monday of each week, unless that day is a legal holiday, in which case the auction is normally held on the following Tuesday, except that the auction may be held on the preceding Friday); provided, however, that if an auction is held on the Friday of the week preceding the related Interest Reset Date, the Interest Determination Date will be the preceding Friday. The Interest Determination Date pertaining to a Floating Rate Note, the interest rate of which is determined with reference to two or more Interest Rate Bases, will be the latest Business Day which is at least two Business Days before the related Interest Reset Date for the applicable Floating Rate Note on which each Interest Reset Basis is determinable. “London Banking Day” means a day on which commercial banks are open for business (including dealings in the LIBOR Currency) in London.

  • 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.

  • 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.

  • Indemnification Determinations Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.