School Closures The District may close schools for academic purposes or reduce programming due to public health, safety, severe weather or any other purpose as determined by the District. The District shall not owe Provider any compensation for times when services of Therapists are canceled, declined, or not required due to closure, reduction in programming, or exclusion of Therapists due to health risk assessment screenings or any other reason, and Provider agrees to indemnify District for Therapist claims arising from all such actions. Notwithstanding the foregoing, to the extent required by Section 10-20.56(d-15) of the School Code (105 ILCS 5/10-20.56(d-15)), when enforceable under law, the Parties understand that the District may determine it is required to pay Provider the daily, regular rate of pay and benefits for Therapists for any day of school closure or e-learning day if such closure precludes the Provider’s employees from performing its regularly scheduled duties and employees would have reported for work but for the closure, unless the day is rescheduled and the employees will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered. The Parties agree such payment constitute full satisfaction of Section 10-20.56(d-15). As a precondition to these payments being made, Provider shall provide an invoice for the foregoing pay and benefits costs; however, Provider will not include such pay and benefits costs for any school closure or e-learning day on any invoices until the last invoice of the school year in order to allow the District the opportunity to determine if the day will be rescheduled. When a payment is to be made by the District under this provision, Provider represents and warrants that it shall pay its employees their daily, regular rate of pay and benefits for any such school closure or e-learning day. Upon request, Provider shall provide the District with certified payrolls as evidence of compliance with this section. The District retains sole discretion to determine whether Section 10-20.56(d-15) applies to this Agreement or any day of school closure and, if the District determines such law is applicable, the District retains the discretion to determine if and when a school closure day is rescheduled. For purposes of this section, “school closures” shall not include holidays or other days of closure reflected on the District’s school calendar for which Provider is not scheduled to provide services under the Agreement.
Layoff in Lieu of Bumping An employee who elects a layoff in lieu of bumping maintains his/her reemployment rights under this Agreement.
School Closure The following shall apply in the event of an NPS school closure due to an emergency consistent with guidelines followed by LEAs under Education Code Section 41422 and 46392: In the event of a NPS School Closure for the reasons set forth in Education Code section 41422, if the LEA is able to obtain alternative placement for the student, CONTRACTOR shall not receive payment for days the student is not in attendance due to CONTRACTOR’S school closure. If the LEA is unable to obtain an alternative placement, CONTRACTOR shall receive payment consistent with the student’s approved ISA, contingent upon the provision of agreed upon services consistent with the Emergency Circumstances documented in the pupil’s IEP in accordance with Education Code section 56345(a)(9). When the emergency school closure is lifted, CONTRACTOR shall notify the LEAs it serves of any lost instructional minutes. CONTRACTOR and XXXx shall work collaboratively to determine the need for make-up days or service changes, and shall work together to amend IEP and ISA paperwork as appropriate.
LAY-OFF & RECALL Section 1. Whenever it is determined that a layoff is reasonably necessary, the following procedures will apply.
Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Layoff Recall A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used:
1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off.
2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee.
3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action.
B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based.
C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff.
D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate.
E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed.
F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.
Lane closure (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Authority.
(ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Termination thereof.
Volunteer Firefighting Leave Leave without pay will be granted when an employee who is a volunteer firefighter is called to duty to respond to a fire, natural disaster or medical emergency.
Signaling Link Transport 9.2.1 Signaling Link Transport is a set of two or four dedicated 56 kbps transmission paths between Global Connection-designated Signaling Points of Interconnection that provide appropriate physical diversity.
Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility.
Seniority Unit Layoff List Selection shall next be made from the Seniority Unit Layoff List unless the vacancy is being filled by an employee with more classification seniority who has received notice of permanent layoff.
