Common use of Miscellaneous Provision Clause in Contracts

Miscellaneous Provision. 15.01 If any provision of this Agreement or any application of the Agreement to any member or group of members will be found contrary to law, then such provision or application will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. A. When school is closed because of snow or inclement weather, Association members are not expected to report to work. Paid Leave days will not be deducted from these days. If Association members are requested to work by their immediate supervisors they will be compensated by compensatory time off. B. When a school or work site is forced to be closed because of unavoidable conditions, such as breakdown of equipment, etc., all members are expected to report to work. Under extreme and unusual conditions, the superintendent / designee will determine when working conditions are unsuitable and the member may be excused from work. Unless prior permission to remain away from work is granted, all time lost will be deducted from the member's pay as absent without pay. C. When school is in session and closed early in the day because of inclement weather, Association members will be released from work by the superintendent/designee after it has been determined that students are safely on their way home. D. If the district is required to make-up a day(s) that school was closed in order to receive full state aid the member(s) will work the rescheduled day at no extra compensation as the member will have previously been paid. 15.03 Because every building has problems particular to itself, due to facilities, personnel, and the public, the involved members are encouraged to jointly develop solutions to the common problems that are not inconsistent with state law, Board policy, this Agreement or other higher authorities. 15.04 The Association, expecting its members to conduct themselves in all aspects of their job, responsibilities and employment in an ethical and proper manner, will exert all reasonable effort to rectify any action or attitude that may be considered improper. 15.05 The members will continue to have access of bulletin board use as in the past. 15.06 The Board may make adjustments and modifications in working conditions it deems necessary for temporary and/or experimental work schedules, new and/or different methods of operations, and technological and/or innovative approaches in the overall work that the Board would like to make part of its operation. The changes made under this Section will be for a period of not more than one (1) year; extension of this time period must be mutually agreed upon by the Parties. Such changes may only be made if not inconsistent with the expressed terms of this Agreement. 15.07 The duties of any Bargaining Unit member or the responsibilities of any position in the Bargaining Unit will not be transferred to persons not covered by this Agreement. The Board agrees that non- bargaining unit personnel will not be used to displace members except in emergencies when members are not available. 15.08 The designation of ten (10) or ten and one-half (10-1/2) month members or others is for the sole purpose of referring to fringe benefits a member may be eligible for. It is not for the identification of length of annual work schedule or assignment. 15.09 If a member routinely does work for more than one administrator, it is the responsibility of the Board of Education to select the administrator the member reports to. 15.10 The following provision shall be applicable only to the extent that Public Act 4 of 2011 is (or becomes) applicable: An Emergency Manager appointed under the Local Government and School District Fiscal Accountability Act may reject, modify, or terminate this collective bargaining agreement as provided in the Act.

Miscellaneous Provision. 15.01 If any provision of this Agreement or any application of the Agreement to any member or group of members will be found contrary to law, then such provision or application will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. A. When school is closed because of snow or inclement weather, Association members are not expected to report to work. Paid Leave days will not be deducted from these days. If Association members are requested to work by their immediate supervisors they will be compensated by compensatory time off. B. When a school or work site is forced to be closed because of unavoidable conditions, such as breakdown of equipment, etc., all members are expected to report to work. Under extreme and unusual conditions, the superintendent / designee will determine when working conditions are unsuitable and the member may be excused from work. Unless prior permission to remain away from work is granted, all time lost will be deducted from the member's pay as absent without pay. C. When school is in session and closed early in the day because of inclement weather, Association members will be released from work by the superintendent/designee after it has been determined that students are safely on their way home. D. If the district is required to make-up a day(s) that school was closed in order to receive full state aid the member(s) will work the rescheduled day at no extra compensation as the member will have previously been paid. 15.03 Because every building has problems particular to itself, due to facilities, personnel, and the public, the involved members are encouraged to jointly develop solutions to the common problems that are not inconsistent with state law, Board policy, this Agreement or other higher authorities. 15.04 The Association, expecting its members to conduct themselves in all aspects of their job, responsibilities and employment in an ethical and proper manner, will exert all reasonable effort to rectify any action or attitude that may be considered improper. 15.05 The members will continue to have access to use of a bulletin board use as in the pastboard. 15.06 The Board may make adjustments and modifications in working conditions it deems as deemed necessary for temporary and/or experimental work schedules, new and/or different methods of operations, and technological and/or innovative approaches in the overall work that the Board would like to make part of its operation. The changes made under this Section will be for a period of not more than one (1) year; extension of this time period must be mutually agreed upon by the Parties. Such changes may only be made if not inconsistent with the expressed terms of this Agreement. 15.07 The duties of any Bargaining Unit member or the responsibilities of any position in the Bargaining Unit will not be transferred to persons not covered by this Agreement. The Board agrees that non- bargaining unit personnel will not be used to displace members except in emergencies when members are not available. 15.08 The designation of ten (10) or ten and one-half (10-1/2) month members or others is for the sole purpose of referring to fringe benefits for which a member may be eligible foreligible. It is not for the identification of length of annual work schedule or assignment. 15.09 If a member routinely does work for more than one administrator, it is the responsibility of the Board of Education to select the administrator to whom the member reports toreports. 15.10 The following provision shall be applicable only to the extent that Public Act 4 of 2011 is (or becomes) applicable: An Emergency Manager appointed under the Local Government and School District Fiscal Accountability Act may reject, modify, or terminate this collective bargaining agreement as provided in the Act.

Miscellaneous Provision. 15.01 If any provision of this Agreement or any application of the Agreement to any member or group of members will be found contrary to law, then such provision or application will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. A. When school is closed because of snow or inclement weather, Association members are not expected to report to work. Paid Leave days will not be deducted from these days. If Association members are requested to work by their immediate supervisors they will be compensated by compensatory time off. B. When a school or work site is forced to be closed because of unavoidable conditions, such as breakdown of equipment, etc., all members are expected to report to work. Under extreme and unusual conditions, the superintendent / superintendent/designee will determine when working conditions are unsuitable and the member may be excused from work. Unless prior permission to remain away from work is granted, all time lost will be deducted from the member's pay as absent without pay. C. When school is in session and closed early in the day because of inclement weather, Association members will be released from work by the superintendent/designee after it has been determined that students are safely on their way home. D. If the district is required to make-up a day(s) that school was closed in order to receive full state aid the member(s) will work the rescheduled day at no extra compensation as the member will have previously been paid. 15.03 Because every building has problems particular to itself, due to facilities, personnel, and the public, the involved members are encouraged to jointly develop solutions to the common problems that are not inconsistent with state law, Board policy, this Agreement or other higher authorities. 15.04 The Association, expecting its members to conduct themselves in all aspects of their job, responsibilities and employment in an ethical and proper manner, will exert all reasonable effort to rectify any action or attitude that may be considered improper. 15.05 The members will continue to have access of bulletin board use as in the past. 15.06 The Board may make adjustments and modifications in working conditions it deems necessary for temporary and/or experimental work schedules, new and/or different methods of operations, and technological and/or innovative approaches in the overall work that the Board would like to make part of its operation. The changes made under this Section will be for a period of not more than one (1) year; extension of this time period must be mutually agreed upon by the Parties. Such changes may only be made if not inconsistent with the expressed terms of this Agreement. 15.07 The duties of any Bargaining Unit member or the responsibilities of any position in the Bargaining Unit will not be transferred to persons not covered by this Agreement. The Board agrees that non- bargaining unit personnel will not be used to displace members except in emergencies when members are not available. 15.08 The designation of ten (10) or ten and one-half (10-1/2) month members or others is for the sole purpose of referring to fringe benefits a member may be eligible for. It is not for the identification of length of annual work schedule or assignment. 15.09 If a member routinely does work for more than one administrator, it is the responsibility of the Board of Education to select the administrator the member reports to. 15.10 A substitute secretary may be hired for an absent member as follows: A. The first day of absence in a single staff office. B. Beginning the third day of absence in a multi-staff office. 15.11 The following provision shall be applicable only to the extent that Public Act 4 of 2011 is (or becomes) applicable: An Emergency Manager appointed under the Local Government and School District Fiscal Accountability Act may reject, modify, or terminate this collective bargaining agreement as provided in the Act.