STATE'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the State to commence and continue correction of such default or neglect with diligence and promptness, the State may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's and the State’s additional services made necessary by such default, neglect or failure. Such action by the State and the amount charged to the Contractor are both subject to review by the Architect under Paragraph 2.2.14 of these General Conditions. If the payments then or thereafter due the Contractor are not sufficient to cover the amounts paid by the State to make good such deficiencies, then the Contractor shall pay the difference to the Owner.
Working Out of Class Section 1 Whenever an employee is requested to perform the tasks of a higher graded position that employee shall receive the rate of pay of that higher graded position or five percent (5%) above his/her regular rate of pay if the rate of pay for the higher graded position is less than five percent (5%) over and above that employee's regular rate of pay and his/her regular position whichever is greater for each and every hour worked in any higher grade during that contract year.
OUT-OF-CLASS ASSIGNMENT 1701 When, in the determination of the Department Head and with the approval by the Human Resources Director or designee, it is necessary to specifically assign in writing an employee all of the significant duties of a higher classification for eighty- one consecutive working hours, the employee so assigned shall be compensated at the minimum rate established for the higher call or five percent (5%) above the employee’s regular base rate of pay, whichever is greater, with pay effective upon the date of the change of assignment. Under no circumstances shall the employee receive an amount greater than the maximum step of the higher class. For purposes of this Article, the out-of-class workweek shall begin on the day the employee begins the duties of the higher classification, as specified in the written assignment. For an example, see Section 1711 below. 1702 This policy shall apply in temporary situations due to:
OUT-OF-CLASS ASSIGNMENTS Section 1. Definition
Out of Class Pay On occasion, due to operational necessity, an employee may be required to perform a majority of essential duties of another classification with a higher salary range. In such cases, payment for out-of-class work shall be 5% above the regular base pay of the employee for all hours worked in the higher classification. Such pay shall be a minimum of the “A” step of the higher classification and no more than the maximum of the highest step of the higher classification. If the 5% increase falls between steps, the next higher step is used. Eligibility for out-of-class pay will be subject to the following conditions:
Typical Duties (1) Supervises designated staff by performing duties such as scheduling and coordinating work assignments, evaluating employee performance and determining related training and orientation requirements.
Work Out of Class Employees assigned to work out-of-classification in accordance with Article 26 Section 10- -Work Out-of-Classification shall receive holiday pay at the higher rate of pay, if the holiday falls during their work out-of- classification assignment. REV: 2015, 2019, 2021 ARTICLE 58T--HOLIDAYS (Temporary Employees)
Working Out of Classification 11.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee’s regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification.
Basic Duties 1. For commercial exchanges covered by this Agreement, the Customs Tariffs of the Parties shall be applied to the classification of goods for imports into them.
OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10)-calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
