Common use of CONTINUITY OF OPERATIONS Clause in Contracts

CONTINUITY OF OPERATIONS. A. The Association agrees that it will not, during the period of this agreement, directly or indirectly, engage in or assist in any strike, as defined by the Public Employment Relations Act. B. The Board agrees that it will not, during the period of this agreement, directly or indirectly engage in or assist in any unfair labor practice as defined by the Public Employment Relations Act. C. Scheduled days of student instruction which are not held because of conditions not within the control of school authorities such as inclement weather, fires, epidemics, mechanical breakdowns, or health conditions as defined by the city, county or state health authorities, may be rescheduled at the discretion of the Board of education to insure that the number of contracted calendar days are met. Teachers will receive their regular pay for days which are cancelled but shall work on any rescheduled days with no additional compensation. R:86, 97,02,03,04, 06 1. The Board of Education shall not be required to cancel a “work day” ( i.e. a day when teachers report but students are not in session such as an end of semester grading day, a parent teacher conference day, or an in- service day) or that portion of any day which is scheduled to be a partial “work day” even though students do not report. However, the Board may do so at its discretion. The Board shall not be required to reschedule a “work day” or a partial “work day” which is cancelled, but may do so at its discretion. N: 86 2. Total annual salary is based upon contracted calendar days regardless of whether the days actually worked are the same as originally scheduled or are different from those originally scheduled due to rescheduling by the Board. Teachers will be paid an additional per diem rate only for any days which they are required to work as part of the regular school year beyond the days listed above. N: 86 R: 94, 97, 98, 00,03,04, 06 3. If, at any time during the life of this agreement, it becomes lawful to count as days of pupil instruction those days when pupil instruction is not provided due to conditions not within the control of the Board, it is agreed that the following school closing provisions shall become immediately effective: When an act of God or Board directive forces the closing of a school or other facility of the Board, teachers shall be excused from reporting to duty without loss of pay. Days lost to school closing pursuant to the aforementioned circumstances shall not be rescheduled. N: 86 D. Rescheduled days shall be scheduled according to the procedure as specified in Article IX E. N: 86 R: 00 E. If for any reason, scheduled hours of instruction fall below the state mandated hours, additional hours or days will be scheduled at the discretion of the board of Education to insure that the minimum hours are met. Before making this decision, the Superintendent will consult with the CMC in an effort to mutually schedule the required time. If the shortage of hours is not rescheduled prior to the beginning of the fourth quarter of the school year, the Superintendent shall make the final decision. N: 00

CONTINUITY OF OPERATIONS. A. The Association agrees that it will not, during the period of this agreement, directly or indirectly, engage in or assist in any strike, as defined by the Public Employment Relations Act. B. The Board agrees that it will not, during the period of this agreement, directly or indirectly engage in or assist in any unfair labor practice as defined by the Public Employment Relations Act. C. Scheduled days of student instruction which are not held because of conditions not within the control of school authorities such as inclement weather, fires, epidemics, mechanical breakdowns, or health conditions as defined by the city, county or state health authorities, may be rescheduled at the discretion of the Board of education to insure ensure that the number of contracted calendar days and state mandated education days/hours are met. Teachers will receive their regular pay for days which are cancelled but shall work on any rescheduled days with no additional compensation. R:86, 97,02,03,04, 06. 1. The Board of Education shall not be required to cancel a “work day” ( i.e. a day when teachers report but students are not in session such as an end of semester grading day, a parent teacher conference day, or an in- service day) or that portion of any day which is scheduled to be a partial “work day” even though students do not report. However, the Board Superintendent may do so at its discretion. The Board shall not be required to reschedule a “work day” or a partial “work day” which is cancelled, but may do so at its discretion. N: 86. 2. Total annual salary is based upon contracted calendar days regardless of whether the days actually worked are the same as originally scheduled or are different from those originally scheduled due to rescheduling by the Board. Teachers will be paid an additional per diem daily rate only for any days which they are required to work as part of the regular school year beyond the days listed above. N: 86 R: 94, 97, 98, 00,03,04, 06 3. If, at any time during the life of this agreement, it becomes lawful to count as days of pupil instruction those days when pupil instruction is not provided due to conditions not within the control of the Board, it is agreed that the following school closing provisions shall become immediately effective: When an act of God or Board directive forces the closing of a school or other facility of the Board, teachers shall be excused from reporting to duty without loss of pay. Days lost to school closing pursuant to the aforementioned circumstances shall not be rescheduled. N: 86. D. Rescheduled days shall be scheduled according to the procedure as specified in Article IX E. N: 86 R: 00 E. If for any reason, scheduled hours of instruction fall below the state mandated hours, additional hours or days will be scheduled at the discretion of the board of Education to insure ensure that the minimum hours are met. Before making this decision, the Superintendent will consult with the CMC in an effort to mutually schedule the required time. If the shortage of hours is not rescheduled prior to the beginning of the fourth quarter of the school year, the Superintendent shall make the final decision. N: 00.