Common use of Assignment Transfer and Filling of Vacancies Clause in Contracts

Assignment Transfer and Filling of Vacancies. 9.1 By June 1, the District management shall give each unit member a written notice of preliminary assignment within the school and/or division for the ensuing school year. Such assignment shall consist of subject matter and/or grade level(s) responsibilities. Nothing in the preliminary assignment shall be construed as limiting the right of District management from making any changes in such assignments or programs. The Unit members affected by any change in preliminary assignment shall be given notice before the change is effectuated. 9.1.1 Subsequent to the issuance of preliminary assignments according to Section 9.1 above, the District management shall post in each school and the District office a list of all known vacancies for the coming school year, with qualification requirements and procedures for applying for such vacancy. 9.1.2 For purposes of this provision, a vacancy is any unit position which remains unfilled after assignments pursuant to Section 9.1 above, or any unit position which was filled on an interim basis after the first ten (10) unit work days of the prior school year. 9.1.3 Consideration will be given to all applications for the vacancy which are properly submitted; consideration shall be based upon credentials, prior teaching experience and seniority. 9.1.4 Unit members returning to classroom assignments after being assigned outside of the regular classroom shall be given “bumping” rights, based upon seniority, into positions held by non-permanent employees. The returning member shall be given the list of the positions held by the non-permanent employees and an opportunity to select two positions for which he/she is credentialed and qualified as the choice of assignment. The District retains the right to determine which of the two positions shall be the assignment for the returning teacher. 9.1.5 The District shall, upon request by a unit member, notify that unit member of any posted openings which may arise during the summer recess, intersession or a period of leave. The unit member’s request must be in writing and must include a mailing address. 9.2 In the event of an involuntary reassignment of a unit member, the Superintendent or immediate supervisor shall observe, meet, and consult with the unit member involved before the new assignment is made. 9.2.1 Unit members who are required to move rooms during the school year shall be provided with three days of release time to prepare for their new assignment. Unit members who are required to move rooms during vacation or intersession periods shall be compensated for three days of work at the District’s substitute rate. 9.3 Unit members who wish to share a contract must present the shared contract plan to the district for review and approval prior to April 1 for the successive school year. The plan must identify the unit members who will share the contract and the details of the shared contract. This contract may be shared on a daily, weekly or other basis. Approval of the plan rests with the District. 9.3.1 If a unit member wishes to terminate a shared contract and return to full time status, or if unit members sharing a contract wish to reconfigure the contract, notification of such intent must be provided to the District prior to April 1 for the successive school year. 9.3.2 The District’s contribution to the unit member’s Health and Welfare premium costs will be based on the provisions of section 18.2.2 of the Agreement. 9.3.3 Notwithstanding the provisions of sections 7.6 and 7.12 of this Agreement, unit members who take part in this shared contract program shall be placed on a leave from their full time status. 9.4 The Association shall have the opportunity to have up to two members participate in the interview of potential new faculty hires as follows: a. The District shall notify the Association President that an interview has been scheduled with a potential new faculty hire as soon as reasonably possible. If the Association President is not available or cannot be reached, the District shall attempt to notify Association Vice-President. b. The Association shall have the right to determine which two of its members will participate in the interview. The District reserves the right, however, to request that additional teachers participate in the interviews at its discretion. c. It is understood that because of the competitiveness of the industry, interviews are frequently arranged in a short time-frame. Accordingly, notwithstanding 9.4(b) above, if after a reasonable attempt the District is unable to contact the Association President or Association Vice-President, the District may contact any Association member and offer that person the opportunity to participate in the interview. However, if no Association member can be contacted nor appears at the scheduled interview, the District may proceed with the interview. d. The purpose of the Association’s participation in the interview of potential new faculty hires shall be to assist with and provide input into the hiring of faculty members. However, the District shall retain the right to make the final decision regarding the hiring of new faculty.

Assignment Transfer and Filling of Vacancies. 9.1 By June 1, the A. The District management shall give each unit member a written notice of make preliminary assignment assignments within the school and/or division for the ensuing school year. Such assignment year as soon as administratively practicable, before May 1, unless a unique circumstance arises. B. Assignments shall be in writing, consist of subject matter and/or grade level(s) responsibilitiesresponsibilities and specify the unit employee’s work location. Nothing ⮚ An “assignment” is an employee’s grade level/subject area. ⮚ A “reassignment” refers to a change of grade level/subject area at the same school site. ⮚ A “transfer” is movement from one work location to another work location. ⮚ A change in the preliminary assignment shall be construed as limiting the right of District management from making any changes in such assignments or programs. The school site and grade level/subject area is a “transfer” and a “reassignment.” C. Unit members employees affected by any change in preliminary assignment shall be given written notice before the change is effectuated. 9.1.1 1. Unit employees whose preliminary grade level assignment is changed after September 1 will be granted three (3) days release time to prepare for new assignments. 2. Transfers or reassignments will not be done in a punitive manner, however, the District may transfer or reassign unit employees in order to fulfill a legal duty. A unit employee who disagrees with the transfer/reassignment may request in writing a review of the site administrator’s decision within five (5) work days. See section K for compensation for assignment change. The written request should clearly specify the unit employee’s reasoning for not agreeing with the decision. The District will respond within five (5) work days. D. Subsequent to the issuance of preliminary assignments assignments, according to Section 9.1 Sections A through C above, the District management shall post post, in each school and the District office Office, a list of all known vacancies for the coming ensuing school year. E. Updated vacancy lists will be posted every ten (10) bargaining unit work days thereafter until the final work day of the regular school year, with qualification requirements and procedures for applying for such vacancymonthly posting during summer vacation periods on District Website. 9.1.2 F. For the purposes of this provision, a vacancy is any unit position which remains unfilled after assignments assignments, pursuant to Section 9.1 Sections A through C above, or any unit position which was filled on an interim basis after the first ten (10) unit work days of the prior school year. 9.1.3 G. No posted vacancy shall be permanently filled until five (5) week days after notice of the vacancy has been posted. After August 15, no posting shall be required. H. When the district receives more than one (1) transfer/reassignment request, the decision to fill the vacancy shall be based on the following factors: 1. Training 2. Experience in the areas of needs 3. Credentialing 4. Performance in an interview 5. Needs of the district/or school If the district determines two or more applicants are equally qualified under the above- listed criteria, the certificated employee with the most seniority in the district will receive the transfer/reassignment to the vacant position. Consideration will be given to all applications for the vacancy which are properly submitted; consideration shall . However, the final selection is within the sole discretion of the District management. A unit employee who is denied a vacant position may request and will be based upon credentialsgranted a meeting with the administration to discuss the issue. Upon request, prior teaching experience and senioritya written response will be granted. 9.1.4 Unit members returning to classroom assignments after being assigned outside I. Transfers or reassignments of bargaining unit employees may be initiated by the District management at any time whenever such transfer or reassignment is in the best interest of the regular classroom shall be given “bumping” rights, based upon seniority, into positions held by non-permanent employees. The returning member shall be given the list District as it relates to legitimate educational needs of the positions held by the non-permanent employees and an opportunity to select two positions for which he/she is credentialed and qualified as the choice of assignment. The District retains the right to determine which of the two positions shall be the assignment for the returning teacher. 9.1.5 The District shall, upon request by a unit member, notify that unit member of any posted openings which may arise during the summer recess, intersession or a period of leave. The unit member’s request must be in writing and must include a mailing address. 9.2 In the event of an involuntary reassignment of a unit member, the Superintendent or immediate supervisor shall observe, meet, and consult with the unit member involved before the new assignment is made. 9.2.1 Unit members who are required to move rooms during the school year shall be provided with three days of release time to prepare for their new assignment. Unit members who are required to move rooms during vacation or intersession periods shall be compensated for three days of work at the District’s substitute rate. 9.3 Unit members who wish to share a contract must present the shared contract plan to the district for review and approval prior to April 1 for the successive school year. The plan must identify the unit members who will share the contract and the details of the shared contract. This contract may be shared on a daily, weekly or other basis. Approval of the plan rests with the District. 9.3.1 If J. A unit employee affected by a unit member wishes to terminate a shared contract and return to full time statustransfer or reassignment, or if unit members sharing a contract wish to reconfigure the contractas stated in Section I, notification of such intent must be provided to the District prior to April 1 for the successive school year. 9.3.2 The District’s contribution to the unit member’s Health and Welfare premium costs will be based on the provisions of section 18.2.2 of the Agreement. 9.3.3 Notwithstanding the provisions of sections 7.6 and 7.12 of this Agreement, unit members who take part in this shared contract program shall be placed on a leave from their full time status. 9.4 The Association shall have the opportunity to have up to two members participate in the interview of potential new faculty hires as follows: a. The District shall notify the Association President that an interview has been scheduled with a potential new faculty hire given written notice as soon as reasonably administratively practicable; and when possible, a conference will be held between the appropriate management person and the unit employee in order to discuss the reason(s) for the transfer or reassignment. A unit employee may request reason(s) for denial in writing. K. If a reassignment or transfer occurs during the Association President is not available or cannot contractual work year, a unit employee shall be reachedoffered to be relieved of regular duties for three (3) days. Whenever a physical move occurs, the District shall attempt to notify Association Vice-President. b. The Association shall have the right to determine which two of its members will participate provide assistance in the interviewform of boxes and basic moving supplies. The District reserves Once a teacher completes packing boxes and other classroom items for moving, they will notify MOT by submitting a work order. Items will be moved to the right, however, to request that additional teachers participate in the interviews at its discretion. c. It is understood that because new location within three (3) days of the competitiveness of work order submission date if the industrynew location is ready. If additional time is needed, interviews are frequently arranged in a short time-frame. Accordingly, notwithstanding 9.4(b) above, if after the district will coordinate a reasonable attempt time to deliver the District is unable to contact the Association President or Association Vice-President, the District may contact any Association member and offer that person the opportunity to participate in the interview. However, if no Association member can be contacted nor appears at the scheduled interview, the District may proceed items with the interviewteacher. d. The purpose of the Association’s participation in the interview of potential new faculty hires shall be to assist with and provide input into the hiring of faculty members. However, the District shall retain the right to make the final decision regarding the hiring of new faculty.