District Initiated Transfers. 1. Transfers shall not be initiated arbitrarily, capriciously, or in retaliation against the employee for exercising the employee’s legal or contractual rights or as a pre- text for reasons, which violate the employee’s legal or contractual rights. 2. Reasonable efforts will be made to accomplish needed adjustments through a voluntary process; i.e., qualified volunteers will be considered first and will be transferred or reassigned unless there is an emergency operational need of the District to do otherwise. 3. It is the desire of the parties that as much advance notice as possible be given regarding involuntary transfers. Except in urgent cases,(where a vacant staff posi- tion needs filling within five days of it’s being opened, or of when the District is directed by the New Mexico Public Education Department to create a new position) reasonable prior notice will be given to employees prior to making an involuntary transfer or reassignment. In the case of certified employees, reasonable normally means fifteen (15) days. 4. When considering involuntary transfers the district will consider the qualifica- tions of the employees and their seniority prior to implementing the action. For the purposes of this section, “seniority” shall be defined as the length of an employee’s continuous service with the District within the employee’s current job classification provided, however, if two (2) or more employees were hired on the same date for the same job classification, and one (1) or more of the affected employees have prior continuous service with the District in another job classification, the affected employee(s) with the continuous District service in another job classification may apply that service when determining seniority status. Time earned prior to a break in service shall not be counted. If two affected employees have the same date of hire, the time a contract is signed shall be determinative. 5. An involuntary transfer or reassignment will only be made after a meeting be- tween the employee involved and the Office of Human Resources, at which time the employee will be notified of the reason therefore. The notice will state that the employee may, at his/her option, have a representative of the Association present at such meeting. 6. An employee being involuntarily transferred or reassigned will not be reduced in rank or have his/her rate of pay reduced other than as a part of disciplinary action for cause as provided in Article 26,
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
