Common use of Modified Operations Clause in Contracts

Modified Operations. The Employer may, in its discretion, decide to modify its operations for safety and security reasons, including natural disasters, pandemics, local and regional emergencies, and periods of inclement weather conditions. During modified operations the Employer may close selected portions of its operations, redeploy or cancel schedules of staff whose classification is not a critical function as defined under the Employer’s Modified Operations. In the event of modified operations being declared by the President or their designee, the following rules shall apply in lieu of the provisions of Section 7.12.3: 7.10.1 If the employee reports for her/his regularly scheduled shift without having received, at least one (1) hour prior to the start of the employee’s shift, either actual or constructive notice that his or her work area is closed, then she/he shall be paid for the full shift of work. 7.10.2 When modified operations require the closing or curtailing of operations after the employee reports to work, the employee shall be paid for the remainder of her/his work shift. If the employee requests to stay at the work site, the Employer will make an effort to arrange overnight lodging at the work site. 7.10.3 When the employee’s work area remains open the employee shall suffer no loss of pay if she/he misses less than two (2) hours of work due to the inclement weather, provided the employee has made every reasonable effort to report to work as scheduled. Employees arriving late by two (2) hours or more shall be paid based upon actual hours worked. 7.10.4 When the employee’s work area remains open but the employee is unable to report to work because of conditions related to the modified operations (such as public transportation closures), the employee may use vacation or compensatory time or take leave without pay. At the discretion of the immediate supervisor an employee may make up time lost, provided it does not require the payment of overtime or premium pay. 7.10.5 If the Employer provides or pays for an employee’s transportation to work during modified operations because of a need to have the employee at work, then the Employer will also provide or pay for the employee’s transportation home at the end of the employee’s shift.

Modified Operations. The Employer may, in its discretion, decide to to‌ 34 modify its operations for safety and security reasons, including natural disasters, 35 pandemics, local and regional emergencies, and periods of inclement weather 1 conditions. During modified operations the Employer may close selected portions of its 2 operations, redeploy or cancel schedules of staff whose classification is not a critical 3 function as defined under the Employer’s Modified Operations. In the event of modified 4 operations being declared by the President or their designee, the following rules shall 5 apply in lieu of the provisions of Section 7.12.3: 7 7.10.1 If the employee reports for her/his regularly scheduled shift 8 without having received, at least one (1) hour prior to the start of the employee’s 9 shift, either actual or constructive notice that his or her work area is closed, then 10 she/he shall be paid for the full shift of work. 12 7.10.2 When modified operations require the closing or curtailing of 13 operations after the employee reports to work, the employee shall be paid for the 14 remainder of her/his work shift. If the employee requests to stay at the work site, 15 the Employer will make an effort to arrange overnight lodging at the work site. 17 7.10.3 When the employee’s work area remains open the employee shall 18 suffer no loss of pay if she/he misses less than two (2) hours of work due to the 19 inclement weather, provided the employee has made every reasonable effort to 20 report to work as scheduled. Employees arriving late by two (2) hours or more 21 shall be paid based upon actual hours worked. 23 7.10.4 When the employee’s work area remains open but the employee 24 is unable to report to work because of conditions related to the modified 25 operations (such as public transportation closures), the employee may use 26 vacation or compensatory time or take leave without pay. At the discretion of the 27 immediate supervisor an employee may make up time lost, provided it does not 28 require the payment of overtime or premium pay. 30 7.10.5 If the Employer provides or pays for an employee’s transportation 31 to work during modified operations because of a need to have the employee at 32 work, then the Employer will also provide or pay for the employee’s 33 transportation home at the end of the employee’s shift.