3358:14-3-31. Authorization to president in event of strike/work stoppage

(A) Absences - Effective April 10, 2015 or any later date of withdrawal of services, and to continue through the duration of such a strike/work stoppage, the president may require substantive proof of any absence above and beyond that proof currently required. Pay and fringe benefits will not be granted for unauthorized absences.

(B) Unauthorized leave - The president is authorized to determine if unauthorized leave has occurred by using the following guidelines:

(1) Unauthorized leave is defined as non-performance of assigned duties and responsibilities or other duties and responsibilities as directed by the appropriate authority. Such unauthorized leave may include, but is not limited to, individual and/or collective refusals to provide services, unauthorized use of sick leave, unauthorized use of other leave benefits, non-attendance at required meetings and failure to perform supervisory functions at sponsored activities.

(2) An employee is deemed to be on an unauthorized leave at such time and on such occasion as the employee may absent himself from required duties.

(3) Unauthorized leave may result in the initiation of dismissal procedures, loss of salary or such disciplinary action as may be deemed appropriate.

(C) Cancellation of non-essential leave -the president is authorized to cancel previously approved non-essential leave occurring during the duration of a strike/work stoppage.

(D) Substitute employees -the president is authorized to hire substitute employees and to pay substitute employees what is deemed necessary for the duration of a strike/work stoppage.

(E) Temporary employees - The president is authorized to hire temporary employees for the duration of a strike/work stoppage at the rate now in effect for regular employees and/or such rate as is agreed upon by the temporary and the president for the board of trustees.

(F) Contract services - Tthe president is authorized to enter into contract for necessary services that may be required for the continued efficient operation of the college during a strike/work stoppage at rates agreed upon by the contracting person or agency and the president for the board of trustees.

(G) Leasing equipment - The president is authorized to enter into contract for necessary services that may be required for the continued efficient operation of the college during a strike/work stoppage at rates agreed upon by the contracting person or agency and the president for the board of trustees.

(H) Closing of facilities - The president or designee shall be the only board of trustees employee authorized to close any facility.

(I) Authorization of counsel - the president is authorized to engage such legal services as may be necessary to maintain the efficient and safe operation of the college.

(J) Further, The president is authorized to take whatever steps he may deem necessary to maintain the efficient and safe operation of the college.

Effective: 1/17/2020
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358