Common use of Program Cancellation Clause in Contracts

Program Cancellation. This Article shall not apply to behavior support assistants. A. The Superintendent or designee, in his/her sole discretion, may cancel or call for the early dismissal or the delay of one or more of the Board’s programs when circumstances warrant such cancellation, early dismissal, or delay (e.g., disease, epidemic, hazardous weather conditions, damage to a program building, or other temporary circumstances due to utility failure rendering a building or buildings unfit for its intended use, or any state of emergency declared as such by the President of the United States or the Governor of Ohio). Employees not specifically needed to work, in the determination of the Employer, during a day on which the program in which they work has been delayed or cancelled need not report to work during the period of program delay or cancellation and will be compensated for the time they were scheduled to work during the delay or cancellation period. Employees who are in a non-pay status before or after a day of program delay or cancellation will not be paid for the time involved in the program delay or cancellation. B. The Superintendent or designee has the authority in any declared program delay or cancellation to require employees to report to work, to remain at work beyond normal working hours, and/or to adjust their normal working hours and/or work site if necessary to meet the operational needs of the Board’s programs. If hourly employees are required to remain at work beyond normal working hours due to an emergency, then they will be given flex time or, if that is not possible, compensatory time, equal to hours worked beyond normal working hours. Any employee required by the Superintendent or designee to work on a day on which the program in which they work has been delayed or cancelled shall be paid their regular daily pay and shall receive compensatory time at a straight-time rate for hours worked on the day of program delay or cancellation, except as may be otherwise required by overtime laws. An employee will be permitted to use compensatory time within a reasonable period after making a request to use it, provided the use of such time does not unduly disrupt the operations of the Board. An employee must be permitted to use compensatory time within the period provided by law. C. When the start time for a program or programs has been delayed, or a decision to dismiss early has been rendered, then the start time or ending time of employees not required to be at work shall be adjusted accordingly, without loss of pay for the day. D. Employees not scheduled to work during a declared program delay or cancellation because of scheduled vacation, sick leave, or other approved leave will not have the program delay or cancellation time deducted from their leave balances. E. The decision to cancel one or more programs or to dismiss one or more programs early shall be made by the Superintendent or designee. F. Program cancellation for days beyond five (5) days will be made up on such days as set by the Employer, without additional compensation for the make-up day, except if an employee is regularly scheduled to work on the make-up day, in which case he/she will be paid as usual. Possible makeup days shall be factored into the Calendar of Operations, copies of which shall be given to all employees at the beginning of the school year. Makeup days shall not be scheduled on a paid holiday. Program delays resulting in less than a day of missed time shall not need to be made up, except as otherwise required by law. G. The Employer will attempt to make a determination on the delay or cancellation of a program as early as possible. H. When it is determined that a program should be cancelled or delayed, a phone chain shall be established whereby the Superintendent or designee will notify the Principal and Director, or their designees, who will then attempt to notify unit members. Employees should still listen to the designated radio stations, however, to learn if a program has been canceled or will start late, in case they cannot be reached in time by phone. Unless otherwise notified, employees are expected to begin work at their normal starting times when a delay within their program has been declared. I. If an employee is required to work on a day on which the program in which he or she works has been delayed or cancelled due to weather conditions, and if he/she expects to arrive later than the required time because of road conditions, the employee shall contact his/her Supervisor to agree upon a revised time for arrival. If the employee arrives later than the required time, but on or before the revised time agreed to with his/her Supervisor, then the employee shall not be disciplined or suffer loss of wages for tardiness on that day.