Common use of Employer-Initiated Transfer (Involuntary Clause in Contracts

Employer-Initiated Transfer (Involuntary. 12.7.1 If the Principal/Site Leader and/or other administrators initiate a transfer, the administrator shall arrange a conference with the unit member to discuss the reasons a transfer is being proposed. Prior to the conference, the unit member will be notified in writing that he/she may elect to have an Association Representative present at the conference. An Association Representative shall receive a copy of the notice. The unit member may propose alternatives to the transfer at the conference or in writing within five (5) days after the conference. At the conference, the unit member shall be provided the Position List referenced in Section 12.1. If, at the conclusion of the conference, it is determined that a transfer is desirable, the Employer may proceed with the transfer and shall provide a copy of the transfer request to the unit member and the Association listing the reasons for the transfer. 12.7.2 The unit member shall select in order of preference, up to his or her first five (5) choices from the Position List. The Unit member’s preference shall be honored unless there is a conflict with the assignment factors previously enumerated in this Article. 12.7.3 Except in cases of immediate need or emergency, unit members shall be given notice of employer-initiated transfers by the first Friday in December for a transfer that is to take effect in the second semester; and by the first Friday in April for a transfer that is to take effect at the beginning of the first semester. 12.7.4 A unit member subject to transfer under this section may appeal the transfer as follows: 12.7.4.1 Within five (5) business days from written notice of the decision, a notice of appeal must be delivered to Human Resources Services and Support. 12.7.4.2 Within five (5) business days of such notice, a Joint Appeals Panel (Panel) shall be convened and will consist of two (2) members selected by the Association and two (2) members selected by the District. The Panel shall review and consider all pertinent facts prior to rendering its decision. 12.7.4.3 The Panel shall render its decision within five (5) business days. If no decision is rendered within five (5) business days, or the unit member and Association dispute the decision, the Association on behalf of the unit member may appeal the decision of the Panel to expedited arbitration. 12.7.4.4 If the Association proceeds to arbitration, it shall notify the District in writing within five (5) business days. Within five (5) business days of such notification, representatives of the District and the Association shall select a mutually acceptable arbitrator. The selection of the arbitrator shall proceed under the mutual strike method from a list of arbitrators provided by State Mediation and Conciliation Services. 12.7.4.5 The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. Any award of the arbitrator shall be binding on the grievant, the Association and the District. The arbitrator and arbitration proceeding shall otherwise be subject to the scope of authority and conditions enumerated in Section 14.9.5 and Section 14.9.6. 12.7.4.6 The Employer shall have the same duty to defend and indemnify Joint Panel members participating in the appeals process who are acting within the course and scope of their designated functions as it has to other district employees pursuant to Division 3.6, section 810 et seq., of the Government Code. 12.7.4.7 Functions performed by teacher Joint Panel members pursuant to the appeals process shall not constitute either management or supervisory functions as defined by subdivision and of section 3540.1 of the Government Code. 12.7.4.8 The Human Resources Services and Support shall immediately notify the unit member in writing of the new assignment. 12.7.5 Employer-initiated transfers shall not be initiated for reasons of a punitive or disciplinary nature, but rather to address specific program needs of the Employer as they relate to the specific unit member. 12.7.6 Unit members transferred under this section shall not be subject to another transfer for two (2) work years (the first year following the transfer and the subsequent year).

Employer-Initiated Transfer (Involuntary. 12.7.1 If the Principalprincipal/Site Leader site administrator and/or other administrators initiate a transfer, the administrator shall arrange a conference with the unit member to discuss the reasons a transfer is being proposed. Prior to the conference, the unit member will be notified in writing that he/she may elect to have an Association Representative present at the conference. An Association Representative shall receive a copy of the notice. The unit member may propose alternatives to the transfer at the conference or in writing within five (5) days after the conference. At the conference, the unit member shall be provided the Position List referenced in Section 12.1. If, at the conclusion of the conference, it is determined that a transfer is desirable, the Employer may proceed with the transfer and shall provide a copy of the transfer request to the unit member and the Association listing the reasons for the transfer. 12.7.2 The unit member shall select in order of preference, up to his or her first five (5) choices from the Position List. The Unit member’s preference shall be honored unless there is a conflict with the assignment factors previously enumerated in this Article. 12.7.3 Except in cases of immediate need or emergency, unit members shall be given notice of employer-initiated transfers by the first Friday in December for a transfer that is to take effect in the second semester; and by the first Friday in April for a transfer that is to take effect at the beginning of the first semester. 12.7.4 A unit member subject to transfer under this section may appeal the transfer as follows: 12.7.4.1 Within five (5) business days from written notice of the decision, a notice of appeal must be delivered to Human Resources Services and Support. 12.7.4.2 Within five (5) business days of such notice, a Joint Appeals Panel (Panel) shall be convened and will consist of two (2) members selected by the Association and two (2) members selected by the District. The Panel shall review and consider all pertinent facts prior to rendering its decision. 12.7.4.3 The Panel shall render its decision within five (5) business days. If no decision is rendered within five (5) business days, or the unit member and Association dispute the decision, the Association on behalf of the unit member may appeal the decision of the Panel to expedited arbitration. 12.7.4.4 If the Association proceeds to arbitration, it shall notify the District in writing within five (5) business days. Within five (5) business days of such notification, representatives of the District and the Association shall select a mutually acceptable arbitrator. The selection of the arbitrator shall proceed under the mutual strike method from a list of arbitrators provided by State Mediation and Conciliation Services. 12.7.4.5 The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. Any award of the arbitrator shall be binding on the grievant, the Association and the District. The arbitrator and arbitration proceeding shall otherwise be subject to the scope of authority and conditions enumerated in Section 14.9.5 and Section 14.9.6. 12.7.4.6 The Employer shall have the same duty to defend and indemnify Joint Panel members participating in the appeals process who are acting within the course and scope of their designated functions as it has to other district employees pursuant to Division 3.6, section 810 et seq., of the Government Code. 12.7.4.7 Functions performed by teacher Joint Panel members pursuant to the appeals process shall not constitute either management or supervisory functions as defined by subdivision and of section 3540.1 of the Government Code. 12.7.4.8 The Human Resources Services and Support shall immediately notify the unit member in writing of the new assignment. 12.7.5 Employer-initiated transfers shall not be initiated for reasons of a punitive or disciplinary nature, but rather to address specific program needs of the Employer as they relate to the specific unit member. 12.7.6 Unit members transferred under this section shall not be subject to another transfer for two (2) work years (the first year following the transfer and the subsequent year).

Employer-Initiated Transfer (Involuntary. 12.7.1 If the Principal/Site Leader and/or other administrators initiate a transfer, the administrator shall arrange a conference with the unit member to discuss the reasons a transfer is being proposed. Prior to the conference, the unit member will be notified in writing that he/she may elect to have an Association Representative present at the conference. An Association Representative shall receive a copy of the notice. The unit member may propose alternatives to the transfer at the conference or in writing within five (5) days after the conference. At the conference, the unit member shall be provided the Position List referenced in Section 12.1. If, at the conclusion of the conference, it is determined that a transfer is desirable, the Employer may proceed with the transfer and shall provide a copy of the transfer request to the unit member and the Association listing the reasons for the transfer. 12.7.2 The unit member shall select in order of preference, up to his or her first five (5) choices from the Position List. The Unit member’s preference shall be honored unless there is a conflict with the assignment factors previously enumerated in this Article. 12.7.3 Except in cases of immediate need or emergency, unit members shall be given notice of employer-initiated transfers by the first Friday in December for a transfer that is to take effect in the second semester; and by the first Friday in April for a transfer that is to take effect at the beginning of the first semester. 12.7.4 A unit member subject to transfer under this section may appeal the transfer as follows: 12.7.4.1 Within five (5) business days from written notice of the decision, a notice of appeal must be delivered to Human Resources Services and Support. 12.7.4.2 Within five (5) business days of such notice, a Joint Appeals Panel (Panel) shall be convened and will consist of two (2) members selected by the Association and two (2) members selected by the District. The Panel shall review and consider all pertinent facts prior to rendering its decision. 12.7.4.3 The Panel shall render its decision within five (5) business days. If no decision is rendered within five (5) business days, or the unit member and Association dispute the decision, the Association on behalf of the unit member may appeal the decision of the Panel to expedited arbitration. 12.7.4.4 If the Association proceeds to arbitration, it shall notify the District in writing within five (5) business days. Within five (5) business days of such notification, representatives of the District and the Association shall select a mutually acceptable arbitrator. The selection of the arbitrator shall proceed under the mutual strike method from a list of arbitrators provided by State Mediation and Conciliation Services. 12.7.4.5 The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. Any award of the arbitrator shall be binding on the grievant, the Association and the District. The arbitrator and arbitration proceeding shall otherwise be subject to the scope of authority and conditions enumerated in Section 14.9.5 and Section 14.9.6. 12.7.4.6 The Employer shall have the same duty to defend and indemnify Joint Panel members participating in the appeals process who are acting within the course and scope of their designated functions as it has to other district employees pursuant to Division 3.6, section 810 et seq., of the Government Code. 12.7.4.7 Functions performed by teacher Joint Panel members pursuant to the appeals process shall not constitute either management or supervisory functions as defined by subdivision and of section 3540.1 of the Government Code. 12.7.4.8 The Human Resources Services and Support shall immediately notify the unit member in writing of the new assignment. 12.7.5 Employer-initiated transfers shall not be initiated for reasons of a punitive or disciplinary nature, but rather to address specific program needs of the Employer as they relate to the specific unit member. 12.7.6 Unit members transferred under this section shall not be subject to another transfer for two (2) work years (the first year following the transfer and the subsequent year).two