Extra Shifts and the Emergent Use of Mandation Sample Clauses

Extra Shifts and the Emergent Use of Mandation. The Employer may request that employees work extra shifts as necessary to meet operating requirements. In the event extra shifts are requested, the Administrator or the Administrator’s designee shall use the volunteer procedures below in the order in which they appear:
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Extra Shifts and the Emergent Use of Mandation. The Employer may request that employees work extra shifts as necessary to meet operating requirements. In the event extra shifts are requested, the Administrator or the Administrator’s designee shall use the volunteer procedures below in the order in which they appear: 1. The Employer may fill extra shifts that become known to the Employer by posting a list of open shifts with space for Bargaining Unit Employees to sign up for those shifts. If more than one Bargaining Unit Employee signs up for the same shift, then that shift will be assigned to the competing Bargaining Unit Employee in rotating Seniority order. 2. If a Bargaining Unit Employee is at work and the extra shift is within the Employee’s classification, the Employee will be asked. 3. Bargaining Unit Employee volunteers will be asked beginning with the most senior qualified employee, including those that may not currently be at work, but are available and qualified to perform the work. 4. If the Bargaining Unit Employee works all regular scheduled shifts for the pay period, they will receive an “extra voluntary shift premium” of seven dollars and fifty cents ($7.50) added to their base rate of pay for all actual hours worked from one (1) hour up to eight (8) hours during the extra shift(s) for that pay period. If the Bargaining Unit Employee has an unexcused, unprotected absence during the pay period, the extra voluntary shift premium will be forfeit for that pay period. The extra shift premium will be paid on the following pay period. 5. Bargaining unit employees will not be required to work outside of their scheduled shift (i.e. Mandation) except in emergent circumstances. An example of emergent circumstances may include unplanned absences due to illness. Future shifts that lack sufficient staffing without unexpected absences would not be considered an emergent circumstance. The intent of this language is to prevent mandation from being used as a regular tool for filling shifts while protecting the Employer’s ability to ensure resident safety in emergency staffing situations. • In the event of a bona-fide emergency where a bargaining unit employee is mandated to work outside their scheduled shift, employees will receive an extra shift premium of five dollars and fifty cents ($5.50) per hour added to their base rate of pay. • No bargaining unit employee shall be mandated to work more than 4 hours beyond their regular shift. • No bargaining unit employee shall be mandated more than once per nine...

Related to Extra Shifts and the Emergent Use of Mandation

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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