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Common use of Displacement Rights Clause in Contracts

Displacement Rights. (a) Within fifteen (15) calendar days of written notification of layoff, a faculty member whose position is eliminated through a reduction in force may exercise the right to displace a less senior faculty member as long as the faculty member is qualified for such position. In order to exercise this displacement right, a faculty member shall initiate a written request for review of that faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx. If, after a review of the faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx, a determination is made that the laid off faculty member’s experience, credentials, and qualifications warrant displacement of a less senior faculty member, then arrangements will be made to make the transition at the beginning of the following semester, assuring sufficient time (determined by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx) for preparation to teach; otherwise the transition will be made the semester thereafter. That determination may be grieved pursuant to Article VI, Grievance/Arbitration procedure, at Step 3, Presidential Review. If the NCSFA-AAUP disagrees with the president’s decision, it may request arbitration pursuant to an expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both Parties to have a decision within seven (7) days of the hearing. Notwithstanding anything to the contrary above, the Parties may by mutual written agreement, choose another expedited arbitration procedure. (b) Upon request, laid off faculty will be given first consideration for filling adjunct positions in areas where they meet the qualifications. Acceptance or declination of such an adjunct position does not affect in any way the rights of a released faculty member to reemployment under this article.

Appears in 9 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Displacement Rights. Any teacher (aother than teachers having a performance evaluation of “ineffective”) Within fifteen (15) calendar days of written notification of layoffdisplaced from his/her current teaching assignment under Section B or C above, may displace or “bump” a faculty member whose position teacher in another teaching field if the displaced teacher’s most recent performance evaluation is eliminated through a reduction in force may exercise higher than the right other teacher, OR the displaced teacher’s most recent performance evaluation is comparable to displace a less senior faculty member as long as the faculty member is qualified for such positionother teacher and the displaced teacher has greater seniority. In order for a teacher's area(s) of certification/licensure to exercise this be considered, that teacher's certificate(s)/licenses showing such area(s) must be in the teacher's official personnel file as set forth above. The teacher exercising displacement rightrights may only do so in the field(s) in which he/she holds a certificate/license. Teachers having a performance rating of "ineffective" shall have no displacement/bumping rights. When considering displacement/bumping rights, a faculty member among teachers with comparable performance evaluations at levels above "ineffective," preference shall initiate a written request be given to teachers according to contractual status and seniority in the following descending order: 1. Teachers having continuing contracts with the longest continuous service with National Trail Schools. Continuous service for review of that faculty member’s credentials, experiencecontinuing contract teachers shall be calculated by beginning with the date upon which the teacher's continuous service began, and qualifications by not from the Chief Academic Officer time the teacher was awarded a continuing contract. 2. Teachers having multi-year limited contracts, beginning with those having the same number of years for their contracts and the appropriate Divisional Xxxxlongest continuous service with National Trail Schools, down to single-year limited contracts and longest continuous service with National Trail Schools. For example, when performance evaluations are comparable, all teachers having two-year limited contracts shall have preference over all teachers having single-year limited contracts; and, among all those same teachers having two-year limited contracts, preference shall be given to those having the longest continuous service with National Trail Schools. 3. When a teacher is moved into another position through displacement/Assistant Xxxx. Ifbumping, after a review such teacher shall have only the hours of the faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxxposition into which he/Assistant Xxxx, a determination is made that the laid off faculty member’s experience, credentials, and qualifications warrant displacement of a less senior faculty member, then arrangements will be made to make the transition at the beginning of the following semester, assuring sufficient time (determined by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx) for preparation to teach; otherwise the transition will be made the semester thereafter. That determination may be grieved pursuant to Article VI, Grievance/Arbitration procedure, at Step 3, Presidential Review. If the NCSFA-AAUP disagrees with the president’s decision, it may request arbitration pursuant to an expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both Parties to have a decision within seven (7) days of the hearing. Notwithstanding anything to the contrary above, the Parties may by mutual written agreement, choose another expedited arbitration procedureshe bumped. (b) Upon request, laid off faculty will be given first consideration for filling adjunct positions in areas where they meet the qualifications. Acceptance or declination of such an adjunct position does not affect in any way the rights of a released faculty member to reemployment under this article.

Appears in 8 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Displacement Rights. (12.05.01 The parties agree to the orderly application of displacement rights for the employees who receive layoff notices under Article 12, and all others who are bumped out of their positions as a result, as follows: a) Within fifteen An employee who is provided with a layoff notice or who is bumped out of their position will receive a letter from the Employer advising the employee that the option to exercise displacement rights, if applicable, can be initiated by them in the following manner: i) The displacor shall identify the position he/she wishes to bump into from the list provided by the Employer. The displacor is only eligible to bump into a position in the same job category currently held by an incumbent with lower seniority. The list provided by the Employer shall identify by job category, the employee name, position, salary range, and seniority currently held by the respective incumbents. The displacor should indicate their first, second, and third choices in case another displacor with greater seniority makes the same choice. ii) Where the displacor is in a Regional Office, the displacor shall indicate his/her first, second and a third choices which must be the closest geographical location(s) of incumbents as identified by the Employer. iii) It is understood that the displacor shall have the entry level qualifications and ability to perform the work of the position held by the less senior employee working in the same job category for which the displacor is exercising displacement rights. 12.05.02 An employee who chooses to exercise their displacement rights must send a letter either by registered mail, overnight courier, or facsimile to be received by the Administrator of Employee Relations within ten (1510) calendar days of written notification receipt of layofftheir letter from the Employer. An employee who fails to indicate a choice within this period shall be deemed to have chosen to be laid off. 12.05.03 The Employer's obligation to provide a letter to an employee under this Article shall be met by the sending of this letter to the employee's current address on file with the Employer, a faculty member whose position is eliminated through a reduction in force may exercise the right to displace a less senior faculty member as long well as the faculty member is qualified for such position. In order to exercise this displacement right, a faculty member shall initiate a written request for review of that faculty memberemployee’s credentials, experienceoffice, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx. If, after subsequent delivery of a review copy of the faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx, a determination is made that the laid off faculty member’s experience, credentials, and qualifications warrant displacement of a less senior faculty member, then arrangements will be made to make the transition at the beginning of the following semester, assuring sufficient time (determined by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx) for preparation to teach; otherwise the transition will be made the semester thereafter. That determination may be grieved pursuant to Article VI, Grievance/Arbitration procedure, at Step 3, Presidential Review. If the NCSFA-AAUP disagrees with the president’s decision, it may request arbitration pursuant to an expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both Parties to have a decision within seven (7) days of the hearing. Notwithstanding anything correspondence to the contrary above, the Parties may by mutual written agreement, choose another expedited arbitration procedureUnion. (b) Upon request, laid off faculty will be given first consideration for filling adjunct positions in areas where they meet the qualifications. Acceptance or declination of such an adjunct position does not affect in any way the rights of a released faculty member to reemployment under this article.

Appears in 1 contract

Samples: Collective Agreement

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Displacement Rights. (a) Within fifteen (15) calendar days of written notification of layoff, a faculty member whose position A teacher who is eliminated through a reduction in force may exercise notified that he is to be laid off will have the right to displace a less senior faculty member as long as teacher subject to the faculty member is qualified for such position. In order following conditions: (1) Written notice of intent to exercise this displacement right, a faculty member shall initiate a written request for review of that faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx. If, after a review of the faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx, a determination is made that the laid off faculty member’s experience, credentials, and qualifications warrant displacement of displace a less senior faculty member, then arrangements will be made to make the transition at the beginning of the following semester, assuring sufficient time (determined teacher is given by the Chief Academic Officer and the appropriate Divisional Xxxx/Assistant Xxxx) for preparation to teach; otherwise the transition will be made the semester thereafter. That determination may be grieved pursuant to Article VI, Grievance/Arbitration procedure, at Step 3, Presidential Review. If the NCSFA-AAUP disagrees with the president’s decision, it may request arbitration pursuant to an expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both Parties to have a decision within seven (7) days of the hearing. Notwithstanding anything teacher to the contrary abovesuperintendent, with a copy to the Parties may by mutual written agreementAssociation, choose another expedited arbitration procedurewithin ten (10) school days after a teacher is notified that he is to be laid off. Within five (5) school days after the superintendent receives such notification, he will notify the less senior teacher that he is to be displaced. (b2) Upon request, The laid off faculty teacher exercising displacement rights is qualified and licensed to perform the work, and evidence of said license certification was on file with the office of the superintendent or presented to the superintendent on or before March 1. The laid off teacher exercising displacement rights is licensed to perform the work and has a minimum of thirty (30) credit hours in the content area as identified by the college or university transcript and such is on file with the office of the superintendent on or before March 1; provided, however, if the displacing teacher has taught the subject matter in the area in South Burlington into which he wishes to move, then said teacher may do so provided that within two (2) years from the effective date of the move he obtains said thirty (30) credits. (3) The laid off teacher exercising displacement rights has taught the subject into which he will be given first consideration placed at some time during his career, or he will complete a training program to the satisfaction of the administration. The training program shall be designed by the administration in consultation with the teacher. The training program may consist of workshop and/or college courses, observation of another teacher, or other factors designed to help the teacher. (4) A teacher may accept layoff instead of exercising his right to displace another teacher. In such case said training may occur during the recall period and the teacher shall be recalled to any position for filling adjunct positions in areas where they meet which he is licensed and qualified by virtue of previous teaching experience or training. (5) A teacher who is to be displaced pursuant to this Section will have the qualifications. Acceptance same displacement rights vis-a-vis a less senior teacher as a teacher who is to be laid off pursuant to Section 15.5(B) above. (6) A teacher who displaces another teacher of the same FTE will not suffer a loss of salary or declination of such an adjunct position does not affect in any way the rights of a released faculty member to reemployment under this articlebenefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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