By lot. In the event parties are unable to agree, or the person agreed upon is not available, the PERB shall be requested to nominate a panel of five (5) arbitrators. Within ten (10) working days after the receipt of the panel names, representatives of the parties shall meet and each party shall alternately strike a name from the list of nominees until one remains. The winner of a coin flip shall have his choice of striking first or second. The arbitrator so selected shall be informed of his selection by the parties.
By lot. Displacement Rights - Demotion in Lieu of Layoff and Bumping Rights:
By lot. If reduction-in-force for full-time employees should become necessary, such shall be effectuated within the following categories by inverse District seniority:
a. Special education assistants;
b. Classroom assistants;
c. Bilingual assistants;
d. Learning Center assistants;
e. Pupil personnel assistants;
f. Parent liaisons;
g. Health assistants ;
By lot. If the established procedure of transferring teachers is not considered in the best interest of the educational program and students, the teacher(s) to be transferred will be decided in a conference between principals of the schools involved and the Human Resources department, during which consideration will also be given to the length of service of the teachers(s) in the current building assignment(s).
By lot. 1 A. It is agreed and understood that there will be no strike, work stoppage, 2 slow-down, picketing, or refusal or failure to perform job functions and 3 responsibilities, or other interference with the operations of the District by the 4 Association or by its officers, agents, or members during the term of this 5 Agreement.
6 B. The Association recognizes the duty and obligation of its representatives to 7 comply with the provisions of this Agreement and to make strong continuing 8 effort toward ensuring all employees to do so. In the event of a strike, 10 of the District by employees who are represented by the Association, the 11 Association agrees in good faith to take all necessary steps to cause those 12 employees to cease such action.
13 C. It is agreed and understood that any employee violating this Article shall be 14 subject to discipline up to and including termination.
15 D. It is understood that in the event this Article is violated by the Association or 16 any of its officers or members acting under authority of the Association, the 17 District shall be entitled to withdraw any rights, privileges, or services provided 18 for in this Agreement.
19 E. In consideration of the above, the District shall faithfully implement the 20 provisions of this Agreement for its duration.
1 If, during the life of this Agreement, there exists any order issued by a court of 2 competent jurisdiction which shall render invalid or restrain compliance with, or 3 enforcement of any provision of this Agreement, such provision shall be suspended 4 and be of no effect hereunder so long as such order shall remain in effect. Such 5 invalidation of a part or portion of this Agreement shall not invalidate any remaining 6 portion, which shall continue in full force and effect. 7 8
1 A. It is agreed that the specific provisions contained in this Agreement shall prevail 2 over District practices and procedures, Federal and State laws to the extent 3 permitted by law and that in the absence of specific provisions in this 4 Agreement such practices and procedures are discretionary.
5 B. During the term of this Agreement, the District and the Association expressly 6 waive and relinquish the right to meet and negotiate and agree that neither 7 shall be obligated to meet and negotiate with respect to any subject or matter 8 whether referred to or covered in this Agreement or any subject or matter 9 proposed or later withdrawn, except as provided in Article XVII.C.
10 C. In the eve...
By lot. 1899 1900 18.4 Displacement Rights - Demotion in Lieu of Layoff and Bumping Rights: 1901 1902 18.4.1 Permanent employee laid off from the employee’s present class may elect to 1903 be demoted and bump into a vacant position in the next lowest class in which 1904 the employee has greatest seniority considering their seniority in the lower 1905 class and any higher classes. The employee may continue to bump into vacant 1906 positions in lower classes to avoid layoff. To be considered for demotion into 1907 a lower vacant position, the employee shall be required to notify the District 1908 Office of Human Resources in writing of such election not later than ten (10) 1909 working days after receiving the notice of xxxxxx. 1910 1911 18.4.2 To be considered for bumping, which would result in the displacement of a 1912 less senior employee in the classification in which the employee subject to 1913 layoff has greater combined seniority in the lower and higher classifications, 1914 the employee shall be required to notify the District Office of Human 1915 Resources in writing of such election not later than ten (10) working days 1916 after receiving the notice of xxxxxx. 1917 1918 18.4.3 An employee who has accepted a demotion or bumping rights in lieu of layoff, 1919 has the right to be reemployed, in accordance with seniority in the former 1920 class, for an additional twenty-four (24) month period after the thirty-nine 1921 (39) month reemployment period. 1922
By lot. Any teacher who would otherwise be separated by the above provisions, is entitled to replace any other teacher in the elementary, department, or specialized field in which he/she has taught for at least two (2) semesters during the preceding three years, if he/she outranks that teacher according to the criteria listed in paragraph d., 1, 2, and 3 above. In that event, the lower ranking teacher would be separated.
By lot. It shall be the responsibility of an employee or individual on layoff to keep the Board advised, in writing, of his/her current address. The Board shall be deemed to have given an individual on layoff notice of recall by sending notice of recall by registered mail to the last address supplied by the individual. Such notice shall include the date and time at which the individual is to report to work. Such notice shall be deemed to be received on the third day after it has been sent by the Board.
By lot. Teachers initially identified as being potentially redundant shall be notified in writing by the appropriate Superintendent of Schools as soon as practical after such identification. Such notice shall indicate that the teacher is being declared potentially redundant as a result of a necessary reduction in the number of teaching positions available for the subsequent year. A copy of such notice shall be provided to the Bargaining Unit.
By lot. 2108 2109 18.4 Displacement Rights - Demotion in Lieu of Layoff and Bumping Rights: 2110
