Common use of Auxiliary Availability Clause in Contracts

Auxiliary Availability. (a) Subject to the application of paragraph 3 in Letter of Understanding No. 8 ( Recreation In- Service Meetings), Auxiliary Employees shall be deemed to have been terminated from their employment in the event that they have not actively worked for the Employer for a period of six (6) consecutive months without valid reasons to the satisfaction of the Employer. (b) With the exception of Auxiliary Employees covered by Letter of Understanding No. 5 (Part- Time and Auxiliary Customer Service Representatives, Lifeguards/Instructors, Facility Maintenance Technicians and Facility Attendants) – Auxiliary Employees are expected to be available for all regular business hours unless otherwise agreed to by the Employer. Auxiliary Employees may refuse assignments on days or shifts which they have stated they are available three (3) times in any six (6) month period. On the fourth (4th) refusal, the Auxiliary Employee will be deemed to have been terminated from their employment with the Employer, unless the Employee can demonstrate that the refusal(s) were for valid reasons to the satisfaction of the Employer. (c) A refusal by an Auxiliary Employee to work a shift of less than four (4) hours in duration, pursuant to Article No. 17.07(d), shall not be considered a refusal of an assignment for the purpose of paragraph (b) above.

Auxiliary Availability. ‌ (a) Subject to the application of paragraph 3 in Letter of Understanding No. 8 ( (Recreation In- Service Meetings), Auxiliary Employees shall be deemed to have been terminated from their employment in the event that they have not actively worked for the Employer for a period of six (6) consecutive months without valid reasons to the satisfaction of the Employer. Attending a Recreation in-service meeting under ▇▇▇ 8 does not constitute having “actively worked for the Employer”. (b) With the exception of Auxiliary Employees covered by Letter of Understanding No. 5 (Part- Time and Auxiliary Customer Service Representatives, Lifeguards/Instructors, Facility Maintenance Technicians and Facility Attendants) – Auxiliary Employees are expected to be available for all regular business hours unless otherwise agreed to by the Employer. Auxiliary Employees may refuse assignments on days or shifts which they have stated they are available three (3) times in any six (6) month period. On the fourth (4th) refusal, the Auxiliary Employee will be deemed to have been terminated from their employment with the Employer, unless the Employee can demonstrate that the refusal(s) were for valid reasons to the satisfaction of the Employer. (ci) A Subject to sub-paragraph (ii) below, a refusal by an Auxiliary Employee to work a shift of less than four (4) hours in duration, pursuant to Article No. 17.07(d), shall not be considered a refusal of an assignment for the purpose of paragraph (b) above. (ii) A refusal by an Auxiliary Employee to work a shift of less than two (2) hours in duration, pursuant to ▇▇▇ 5, shall not be considered a refusal of an assignment for the purpose of paragraph (b) above. (d) Refusal by an Auxiliary Employee to work a shift with less than twenty-four (24) hours’ notice of a shift assignment shall not be considered refusal of an assignment for the purpose of paragraph (b) above.