As
a result of this balancing act, drug and alcohol testing is most often restricted to employees in safety sensitive positions, and even then, tests are usually permissible only after an accident or a near - miss incident.
As
a result of this balancing act, there are a number of decisions which offer guidelines for employers with respect to the implementation of drug and alcohol testing policies.
Not exact matches
Such risks, uncertainties and other factors include, without limitation: (1) the effect
of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels
of end market demand in construction and in both the commercial and defense segments
of the aerospace industry, levels
of air travel, financial condition
of commercial airlines, the impact
of weather conditions and natural disasters and the financial condition
of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization
of the anticipated benefits
of advanced technologies and new products and services; (3) the scope, nature, impact or timing
of acquisition and divestiture or restructuring activity, including the pending acquisition
of Rockwell Collins, including among other things integration
of acquired businesses into United Technologies» existing businesses and realization
of synergies and opportunities for growth and innovation; (4) future timing and levels
of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability
of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope
of future repurchases
of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level
of other investing activities and uses
of cash, including in connection with the proposed acquisition
of Rockwell; (7) delays and disruption in delivery
of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits
of organizational changes; (11) the anticipated benefits
of diversification and
balance of operations across product lines, regions and industries; (12) the outcome
of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact
of the negotiation
of collective bargaining agreements and labor disputes; (15) the effect
of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect
of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect
of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs
Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability
of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may
result in the imposition
of conditions that could adversely affect the combined company or the expected benefits
of the merger) and to satisfy the other conditions to the closing
of the pending acquisition on a timely basis or at all; (18) the occurrence
of events that may give rise to a right
of one or both
of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee
of $ 695 million to United Technologies or $ 50 million
of expense reimbursement; (19) negative effects
of the announcement or the completion
of the merger on the market price
of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation
of their businesses while the merger agreement is in effect; (21) risks relating to the value
of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability
of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.
Nor would they be seeking to justify a «lie» by calculating the different consequences
of their
act and predicting that there will be a benign
balance of the good
results over the bad.
If one or two
of the legs are taken away, the
result is a precarious
balancing act.
In this week setting out the cooperative's annual budget for 2009, Arla chief executive officer Peder Tuborgh said that expected difficulties as a
result of the financial climate require a
balancing act between producing added - value goods and cost efficiency.
It is a bit
of a
balancing act, but can Arsenal fully focus on this Barcelona game without letting a bad
result get to us too much?
But the HRA has, nonetheless, had an important impact on the political discourse in our country — it has
acted as a totemic reminder
of the need to strike a
balance between liberty and security, and to preserve the liberties that grew up naturally as a
result of our common law.
Balancing Act In the hope
of minimizing the number
of people forced to cope with incidental findings, the American College
of Medical Genetics and Genomics (ACMG) in 2013 proposed regularly returning
results on 56 genes from comprehensive genetic tests.
Results: With the simple
act of watering a plant, humans alter the
balance of moisture in soil and the climate.
Blood sugar
balance is one
of the most important
balancing acts in your body, and a trained functional medicine practitioner can spot these patterns both in your history and your lab
results.
«Quality and compliance can be a bit
of a
balancing act at times, but it's an art when they are
balanced proportionately and something to be proud
of when the
results are clear.»
In January, we at Fordham will announce the
results of a major study
of PARCC, Smarter
Balanced,
ACT Aspire, and MCAS, which will provide more evidence as to whether the new tests are an improvement as promised.
The Education Department has not yet disclosed the Smarter
Balanced results, rejecting a request under the Freedom
of Information
Act submitted by the Journal Inquirer on the same day the state distributed the information to superintendents.
Congress, in passing the Every Student Succeeds
Act in December, required that states build their school evaluation systems using three common metrics: high school graduation rates; progress
of English learners in becoming proficient in English, and achievement in English language arts and math, for which California will use the
results of the Smarter
Balanced tests in grades 3 - 8 and 11.
This obviously makes intuitive sense because the presence
of a very cheap company alone will not
result in realization
of value unless management is willing to
act in the interests
of shareholders either by liquidating a business that has no future prospects but a very liquid
balance sheet or taking steps to improve the business.
As a
result, there is a
balance of forces
acting on the Earth's surface.
However, such awards require a delicate
balancing act, as they must remain anchored in both the conduct
of the parties and the
resulting harm suffered.
It was not about the use
of the surplus that had accumulated in the Employment Insurance Account, but the effects
of the
Act eliminating the
balance of the Employment Insurance Operating Account and the
resulting accounting entries that flowed from the 2010 legislative amendment.
Subsection 25 (1.3), which came into force in 2012 as a
result of the
Balanced Refugee Reform
Act, provides in making such a decision, the Minister may not consider the same factors that are taken into account in determining whether a foreign national is a Convention refugee (s. 96) or a person in need
of protection (s. 97).
``... the tort
of civil fraud has four elements, which must be proven on a
balance of probabilities: (1) a false representation by the defendant; (2) some level
of knowledge
of the falsehood
of the representation on the part
of the defendant (whether knowledge or recklessness); (3) the false representation caused the plaintiff to
act; (4) the plaintiff's actions
resulted in a loss.»
The leading case on civil fraud in Canada is the Supreme Court
of Canada decision in 2014 in Hryniak v. Mauldin, 2014 SCC 7, and in that case civil fraud is defined this way ``... the tort
of civil fraud has four elements, which must be proven on a
balance of probabilities: (1) a false representation by the defendant; (2) some level
of knowledge
of the falsehood
of the representation on the part
of the defendant (whether knowledge or recklessness); (3) the false representation caused the plaintiff to
act; and (4) the plaintiff's actions
resulted in a loss.»
We have adopted the policy recommended by the National Association
of Insurance Commissioners in the Health Information Policy Model
Act (1998) as this best reflects the
balance of the appropriate level
of regulation
of the industry compared with the need to protect individuals from harm that may
result from inadvertent disclosure
of information.
The emphasis on
results, while a must - have, is a
balancing act that shouldn't overshadow the significance
of situations.