Employer Initiated Transfers. 12.4.1 After consultation with the Association, a transfer may be made by the District at any time for any of the following reasons:
12.4.1.1 A change of enrollment or workload necessitating transfer of campus supervisor staff.
12.4.1.2 Improved efficiency of the District.
12.4.2 In cases where a particular employee must be transferred involuntarily, when all transfer criteria are judged equal by the District, and when there is no suitable volunteer, the least senior employee within a given Classification at a particular job site shall be involuntarily transferred.
12.4.3 An employee may request of the Superintendent or his/her designee a conference or a written statement regarding reasons for the involuntary transfer.
12.4.4 In the exercise of this right of involuntary transfer, the District shall not act in a manner that is arbitrary, capricious or discriminatory.
12.4.4.1 An involuntary transfer that results in additional travel for an employee of more than fifteen (15) miles per day round trip between either home and the new job site, or the old job site and the new job site (whichever is less), shall be paid a flat mileage rate of $100.00 per year, or proportional fraction thereof for less than a full year of additional travel, as described herein; said mileage reimbursement shall not last more than two (2) full years following the involuntary transfer.
Employer Initiated Transfers.
4 9.3.1 An employer-initiated transfer is defined as a transfer without the 5 employee’s request or approval.
6 9.3.2 Employer-initiated transfers are made at the discretion of the District to meet 7 the operational needs of the District for any of the following reasons:
8 9.3.2.1 A change of workload necessitating transfer of unit 9 employees.
10 9.3.2.2 Improved efficiency of the District.
11 9.3.2.3 Reassignment of member of immediate family. Members of the immediate family who are employed by the District shall not be assigned to a work location in which the employee is 13 supervised, directly or indirectly, by a member of his/her 14 immediate family. If family relationships change as a result of 15 marriage or domestic partnership during the school year, and 16 an employee is subject to supervision, directly or indirectly, by
17 a member of his/her immediate family, a reassignment shall 18 be initiated immediately thereafter.
19 9.3.2.4 An opportunity to evaluate a unit employee in a different 20 location.
Employer Initiated Transfers. 12.4.1 In cases where a unit member must be transferred involuntarily, due to an insufficient allocation and/or reduction of hours in the class or class suffix, when all transfer criteria are judged equal by the District, and when there is no suitable volunteer, the least senior unit member within a given class or class suffix at a particular job site shall be involuntarily transferred. When more than one unit member is transferred pursuant to this section, the most senior unit member within a class or class suffix shall be given priority placement in open positions within the District.
12.4.2 Upon written request a unit member will be given in writing the reason for his/her involuntary transfer.
12.4.3 If administratively feasible, the District will attempt to give a unit member no less than a five (5) day advance notice of involuntary transfer.
12.4.4 The Union recognizes the authority of the Superintendent to transfer employees under his/her direction. Efforts will be made not to transfer unit members involuntarily more than once in any two (2) year period.
12.4.5 No unit member shall be transferred involuntarily for performance or disciplinary reasons.
12.4.6 In cases where there is an insufficient allocation and/or reduction of hours in the class or class suffix, each site shall follow this consolidation procedure:
12.4.6.1 Identify the total number of hours in the class or class suffix affected;
12.4.6.2 Identify the number of hours to be reduced in the class or class suffix;
12.4.6.3 Rank the paraprofessionals by seniority order in the class or class suffix;
12.4.6.4 Involuntarily transfer paraprofessionals in the class or class suffix by inverse seniority order and by whole position until the number of hours of the transferred paraprofessionals meets or exceeds the number of hours to be reduced;
12.4.6.5 If the total number of hours reduced as a result of paraprofessionals transferred under Section 12.4.6.4 exceeds the necessary reduction (Section 12.4.6.2) by four (4) or more hours, a new open position shall be created in the class or class suffix.
12.4.7 Paraprofessionals transferred pursuant to the provisions of Section 12.4.6.
12.4.7.1 The total number of paraprofessionals identified pursuant to the provisions of Section 12.4.6 shall be placed on a consolidation list in seniority order by class or class suffix and by current daily hours of employment.
12.4.7.2 Paraprofessionals on the consolidation list shall be given a choice of open positions...
Employer Initiated Transfers. 1. The employer may initiate transfer in the following circumstances:
a. to comply with federal or state requirements;
b. when there are changes in certification requirements and/or instructional skills necessary for implementation or maintenance of programs;
c. when there is the need to reduce staff as specified in Article 30;
d. when there are distinct differences in pupil-teacher ratios at school sites and there is a need to more appropriately balance those; or
e. when the District otherwise determines that such transfer is necessary and in the best interest of the District, and, in the case of a licensed employee(s), is in the best interest of the educational process. Transfers shall not be initiated in retaliation against the employee for exercising the employee’s legal or contractual rights or as a pretext for reasons that 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, except for transfers related to section 1.e. above.
3. In accomplishing necessary transfers, seniority (date of hire) in the District will be considered. Where date of hire is the same and seniority is the criterion being considered, transfer will be determined by training as based on the T&E Index. The person with the least training will be considered lowest in seniority and subject to transfer to a position for which he/she is qualified.
4. Except for transfers related to section 1.e. above, when staff adjustment requirements cannot be met through the voluntary process, every effort will be made to consider individual and program need in the course of the involuntary transfer process.
5. Prior to the final identification of a transferee(s) or initiation of a transfer(s), there shall be consultation regarding same between the principal/supervisor and the employee(s) being considered for transfer.
6. The employee normally shall have a minimum of two (2) weeks notice prior to assuming the new assignment, except by mutual agreement of the two supervisors.
7. In circumstances involving multiple simultaneous transfers, the District may consult with the Union in order to facilitate the process. The method utilized in an employer-initiated transfer in a particular circumstance does not establish precedent for future transfers.
Employer Initiated Transfers. 1. The District may transfer an employee at any time, provided, however, the transfer shall not be effected for punitive or preferential reasons. A transfer must be discussed with the employee.
2. Notification of impending transfer shall be given to the employee at least ten working days prior to the change. This requirement may be modified upon mutual agreement between the employee and the Superintendent.
3. Transfer must not be to a lower range of pay.
Employer Initiated Transfers. 1. Transfers shall not be initiated by the Employer for arbitrary or capricious reasons.
2. When a transfer is to be initiated for reasons of declining enrollment, the transfer shall be effected in reverse order of District seniority of teachers in that school, unless a more senior teacher agrees to be transferred, provided that the teachers retained on the active teaching staff of the school possess the necessary qualifications for the positions available.
3. An Employer official intending to recommend a transfer of a teacher shall meet with and inform the teacher of the nature of the proposed transfer and the reasons for it, at least fourteen (14) days prior to the recommendation being placed before the Board. The teacher shall have the right to be accompanied by a member of the Union.
4. The teacher shall have the opportunity to consider the matter and reply within seven (7) days and may request a meeting with the Superintendent or designate to discuss the matter. At or subsequent to such a meeting, the Employer and the teacher shall consult and determine the in-service required, if any, to adequately prepare for the proposed transfer. The teacher shall have the right to be accompanied by a member of the Union.
5. Transfers initiated by the Employer shall be completed no later than May 15 in a school year for the next school year, except in exceptional circumstances.
6. Transfers initiated by the Employer during the school year as a consequence of changes in student enrollment shall not be subject to the time limits contained in Articles E.23.3 and E.23.4 above.
7. If other circumstances not reasonably known to the Employer necessitate transfers during the school year, the Employer and the Union will discuss the time limits governing such transfers.
8. Where the Employer initiates a transfer and where the assignment is different than the current assignment, the Employer shall provide teacher support and in-service.
9. Any teacher who has been transferred without agreement shall not be subject to a further transfer without agreement for three (3) school years.
10. A teacher who is transferred for reasons of projected enrollment decline shall have the option to return forthwith, to the position from which he/she was transferred, in the event that the projected decline did not actually materialize by the end of the second week of the start of the school year. After receiving the offer the teacher shall have forty eight
Employer Initiated Transfers. 1. Transfers shall not be initiated by the Employer for arbitrary or capricious reasons.
2. A District official intending to recommend a forced transfer to a teacher shall, at the request of the teacher, meet with the teacher at least five (5) days prior to the recommendation being placed before the Employer. The nature of the transfer, and the reasons for it shall be communicated to the teacher. The teacher may be accompanied by a member of the Local. The teacher shall have the opportunity to consider the matter and reply within forty-eight (48) hours of the meeting.
3. Transfers initiated by the Employer shall be completed prior to a vacancy being posted.
4. Unless exceptional circumstances exist, any teacher who has been transferred without agreement shall not be subject to a further transfer without agreement for four (4) school years.
5. In the event of an Employer initiated transfer of more than twenty (20) kilometres, the Employer shall provide, upon request, a letter for taxation purposes.
Employer Initiated Transfers. 9.4.1 After consultation with CAUSE, a transfer may be made by the District at any time for any of the following reasons:
9.4.1.1. A change of enrollment or workload necessitating transfer of classified staff.
9.4.1.2. Needs and efficiency of the District.
9.4.2 Except in cases where a particular employee must be transferred involuntarily, when all transfer criteria are judged equal by the District, and when there is no suitable volunteer, the least senior employee within a given classification at a particular job site shall be involuntarily transferred.
9.4.3 An employee may request of the Superintendent or his/her designee a conference or a written statement regarding reasons for the involuntary transfer.
Employer Initiated Transfers. The City reserves the right to transfer employees from one position to another, one division to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency. The City shall determine the employee chosen based on the employee’s qualifications and fit for the new position, division or department. In cases where employees have equal qualifications management will, with seniority playing a role, along with other factors determine the candidate for the transfer. The City agrees to meet with the Association prior to making a decision to initiate a transfer. The City further agrees to notify the employee at least ten (10) calendar days in advance of the effective date of the transfer.
Employer Initiated Transfers a. Transfers shall not be initiated by the Employer for arbitrary or capricious reasons.
b. When a teacher must be transferred, the teacher(s) on the school staff with the least seniority in the District will be designated for transfer unless a more senior teacher agrees to be transferred and provided that the teachers retained on staff have the necessary qualifications for the positions available, as determined by the program requirements and educational needs of the school.
c. An Employer official intending to recommend a transfer of an employee shall meet with and inform the employee of the nature of the proposed transfer and the reasons for it.
d. The employee shall have the opportunity to consider the matter and reply within five
