Contracting Out Work. (a) The District, in compliance with Education Code 88003 shall employ persons for positions that are not academic positions and classify all such employees and positions. All positions as required by Education Code 88004 that are not defined by the regulations of the Board of Governors as an academic position and not specifically exempted from the classified service according to the provisions of Section 88003 or 88076 shall be classified as required by those sections and shall be part of the classified service. Such positions shall include all work required to be performed by the District on a regular and continuing basis except where certification is required.
(b) The District agrees not to contract out any work contained within a job description of an existing classification in the bargaining unit except as provided by the Education and Government Codes or when employees are not available to return on call-back assignment. The essential functions contained in a classified job description within the bargaining unit shall not be transferred to management, supervisors or confidential employees or to students or volunteers except as provided under the Education and Government Codes. While it is understood that Supervisors may perform tasks within a classification, the District agrees at no time will Supervisor or Management employees replace a classified employee or assume the major responsibilities of any classified position. In the event the District creates a new food service operation as a part of the District's operations, ECCE retains the right to negotiate new classifications and represent those employees for the food services operations.
Contracting Out Work. 3.01 The Employer will not contract out work for the purpose of laying off employees, reducing hours of employees, or maintaining reduced hours of work for employees.
Contracting Out Work. 16.1.1 The District, during the life of this Agreement, agrees to comply with Education Code Section 88003.1 and subsequent amendments with respect to established standards for the use of personal services contracts. The enhanced standards, effective January 1, 2003, restrict contracting to only those services meeting the conditions set forth in law.
16.1.2 In those instances where the contracting out of work involves work that is currently being performed by employees covered by this Agreement, and further where such contracting out is not governed by statute, the District shall proceed as follows:
16.1.2.1 If the contracting out will not directly result in the laying off of employees covered by this Agreement, the District will afford the Union a prompt opportunity to discuss the specific issue.
16.1.2.2 If the contracting out will directly result in the laying off of employees covered by this Agreement, the District will give the Union reasonable advance notice of the District's intention to contract out such work and afford the Union an opportunity to negotiate the resulting impact such lay off shall have upon the bargaining unit. (Lay-off procedures shall be in compliance with law and Article 17 of this Agreement.)
16.1.3 Nothing in this section shall be construed as a forfeiture of any management right.
Contracting Out Work. 21.1.1 Nothing in this Agreement shall be construed to limit the Company in the employment of such contract labor as may become necessary for the proper construction, installations, and maintaining of the communications facilities owned, serviced and/or operated by the Company for the rendition of proper and adequate communication service to the public. However, the Company shall not enter into any contractual arrangement for the construction, installation and maintenance of plant facilities as may result in the layoff or parttiming of those employees customarily performing work of the same nature as that to be provided under the contractual arrangement.
Contracting Out Work. The City agrees to meet and confer with the Association prior to contracting out any work normally performed by bargaining unit employees if such contracting out would displace a regular employee of the bargaining unit. The City further agrees that work performed by employees of the bargaining unit will not be performed by non-bargaining unit employees if such work would displace a regular employee of the bargaining unit.
Contracting Out Work. CONTRACTING OUT: During the life of this Agreement, the District agrees that it will not contract out work which has been customarily and routinely performed or is performable within the job description of employees covered by this Agreement unless contracting is specifically required by the Education Code.
Contracting Out Work. The Company will not contract out any work which its employees are capable of performing by virtue of their work in their respective occupational classifications, except in cases of emergency, necessity, peaks of work, or special projects creating a temporary need for substantial additional manpower and/or equipment, or in those instances when the use of contractors will increase efficiency, ensure reliability of service, or reduce costs; and in no event will the Company contract out any work which its employees are then performing if the contracting out of such work would directly result in the layoff of the employees performing such work.
Contracting Out Work. The Employer and the County agree for the duration of this contract not to contract or employ, any agency or person(s), or allow any agency or person(s) to volunteer for the performance of any duties and/or responsibilities customarily and currently being performed by employees of the bargaining unit(s); subject to the provisions of Article
Contracting Out Work. Section 1. Contracting out of work that is normally, customarily and currently performed by the bargaining unit, shall be subject to the following:
a.) Contracting out work is defined as the use of another employer to perform the work as described above;
b.) Employer will continue current practice of utilization of contractors/vendors consistent with the provisions of the Bargaining Unit Work/Clinical Engineering Job Protection Article 65; and
c.) Employer will not use independent contractors and/or agency employees, to permanently fill vacant positions in the bargaining unit. While such persons are in use the Employer will actively recruit to fill the position.
Section 2. A report will be presented at the monthly Labor Management Committee meetings on any new or additional work that is normally, customarily, and currently performed by the bargaining unit, which is being performed by a contractor.
Contracting Out Work. 24.1 Where the contracting out of work is governed by statute, the District will comply with the law.
24.2 In those instances where the contracting out of work would involve work then currently being performed by employees covered by this Agreement, the District shall, as appropriate, either:
24.2.1 If the contracting out will not directly result in the laying off of employees covered by this Agreement, afford the Union a prompt notice and opportunity to negotiate the specific issues including effects; or
24.2.2 If the contracting out will directly result in the laying off of employees covered by this Agreement, give the Union reasonable advance notice of the District’s intention to contract out such work, and afford the Union an opportunity to negotiate the decision and resulting impact such contracting out would have upon the bargaining unit.
24.3 Nothing in this Section shall be construed as a forfeiture of any management right. In all matters of contracting out work, the District reserves the complete right to make the final decision.
