Late Openings Clause Samples
The 'Late Openings' clause defines the procedures and consequences when a party fails to open a facility, business, or project site at the agreed-upon time. Typically, this clause outlines the responsibilities of the party expected to open, any grace periods allowed, and the penalties or remedies available to the other party if the opening is delayed. For example, it may specify financial penalties for each day of delay or allow the non-breaching party to terminate the agreement if the opening is excessively late. The core function of this clause is to ensure accountability and minimize disruptions caused by delayed openings, thereby protecting the interests of the party relying on timely commencement.
Late Openings. 1. Subject to the rights, obligations, and exemptions, as set out in Education Code Sections 44956 and 44957 related to reappointment of permanent and probationary employees who have been placed on a reemployment list as a result of a reduction in force, late openings which occur and are to be filled during the same year will be filled by an individual from the reemployment list first. This will be done without complying with the posting and application procedures described in this article. If no qualified employee from the rehire list is available, the District may fill the position with an employee who has been declared “surplus” from his or her work location by virtue of an unanticipated drop in enrollment, program change, or the like.
2. If the District does not designate a "surplus" employee to fill such a position, it shall fill the position in either of the following ways:
a. On a regular basis by complying with the normal posting and application procedures; or
b. On an interim basis for the balance of the semester or year with a current or new employee without regard to the posting, application or transfer procedures. If the position filled on an interim basis will exist in the subsequent school year, it must be posted as an opening for the subsequent school year and filled in compliance with the posting and application procedures of this Article. In addition, if the employee is involuntarily transferred to an opening on an interim basis, that employee shall, at the end of the interim appointment, be permitted to return to the employee’s former position, if that position still exists and if that employee would not otherwise have been transferred. The District shall notify the Association in writing whenever a late opening is filled on an interim basis.
Late Openings. 1. For unanticipated openings which occur two weeks prior to the school year, the District may, without complying with the posting and application procedures, fill the opening on a permanent basis with a unit member who has been declared “surplus” from his or her work location by virtue of an unanticipated drop in enrollment, program change or the like.
2. In the event that the District does not designate a “surplused” unit member to fill such a position, it may at its option fill the position on an interim basis for the balance of the year with a unit member or a new employee without regard to posting and application procedures.
Late Openings. On a day when an employee is scheduled to work at the ADS and the official duty station facility opens late, the employee is entitled to the exact amount of excused absence the employee would have received if scheduled to work at the official duty station.
Late Openings. If schools are open late on bad weather days, in which case a public announcement is made, the following personnel procedures are followed:
1 Ten-month Employees: Ten-month Custodian I's and rostered food service employees will report at the regular time. Head Lunch Supervisors/Meal Coordinators shall contact the Food Service Office for further instructions and/or reassignment.
Late Openings. 1. For unanticipated openings which occur two weeks prior to the school year, the District may, without complying with the posting and application procedures, fill the opening on a permanent basis with a unit member who has been declared ―surplus‖ from his or her work location by virtue of an unanticipated drop in enrollment, program change or the like.
2. In the event that the District does not designate a ―surplused‖ unit member to fill such a position, it may at its option fill the position on an interim basis for the balance of the year with a unit member or a new employee without regard to posting and application procedures. In such a case, the position must be posted in the Spring as an unfilled position for the subsequent year, and the District must at that time consider other applicants, along with the employee who filled the opening on an interim basis.
Late Openings. 1. For openings which both occur and are to be filled during the same school year, the District may, without complying with the posting and application procedures, fill the opening on a regular basis with an employee who has been declared "surplus" from his or her work location by virtue of an unanticipated drop in enrollment, program change, or the like.
2. If the District does not designate a "surplus" employee to fill such a position, it shall fill the position in either of the following ways:
a. On a regular basis by complying with the normal posting and application procedures; or
b. On an interim basis for the balance of the semester or year with a current or new employee without regard to the posting, application or transfer procedures. If the position filled on an interim basis will exist in the subsequent school year, it must be posted as an opening for the subsequent school year and filled in compliance with the posting and application procedures of this Article. In addition, if the employee is involuntarily transferred to an opening on an interim basis, that employee shall, at the end of the interim appointment, be permitted to return to the employee’s former position, if that position still exists and if that employee would not otherwise have been transferred. The District shall notify the Association in writing whenever a late opening is filled on an interim basis.