Common use of Declaration of Availability Clause in Contracts

Declaration of Availability. Employees who wish to work twenty-four (24) or fewer hours per week shall have the option of submitting a written Declaration of Availability to the Employer (a “Declaration”). The Declaration will not be effective until the next un-posted work schedule is posted (i.e. approximately three (3) weeks following receipt of the Declaration by the Employer). In the Declaration, the employee will indicate when he or she is available to work each week. The employee must be available for at least sixteen (16) hours per week. The employee must also be available for at least one evening shift (other than on a Sunday) AND have open availability on Sunday for any shift. The employee, the Employer and the Shop ▇▇▇▇▇▇▇ must sign a copy of the Declaration, and the Employer must provide a copy of the Declaration to the Union. If an employee wishes to continue the Declaration from the previous year into the coming calendar year, the employee must still fully complete a new Declaration for the coming calendar year. Unless so renewed, all Declarations will terminate at the end of their respective calendar years. The employee may modify an active Declaration once during the Calendar year, to change the scope of the Declaration. The employee may terminate a Declaration during a calendar year, and then issue a second Declaration at a later time within the same calendar year. No more than two Declarations will be permitted within a calendar year for any one employee. If an employee wishes to terminate his or her Declaration, the employee must indicate so in writing on the Declaration form. A modification or termination of a Declaration will not take effect until the next un- posted schedule is posted (i.e. approximately three (3) weeks later). The employee will be required to work within their Declaration and may lose hours as a result of the Declaration. This means if a shift falls outside of the employee’s availability it shall not be subject to a claim. An employee who has an active Declaration may be asked to work additional shifts, however it is understood that all other employees who do not have a Declaration shall be asked to work those shifts first. An employee who has an active Declaration has the right to decline additional shifts outside their Declaration. Schedules shall reflect all Declarations in effect. Employees cannot use Leave provisions (eg. T.A.B. or R.T.O.) to circumvent the intent of this language. Except in the case of a student, an employee cannot submit a Declaration until the employee has continuously worked for the Employer for 6 months from date of hire. All students who have submitted a Declaration are required to submit a schedule of classes and must remain available to work when not attending class. Only ten (10) employees, store-wide, may have an active Declaration at any one time, unless the Employer has agreed otherwise.