Common use of Employer Initiated Transfers Clause in Contracts

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 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. 8. In circumstances involving multiple simultaneous transfers, the District may consult with the Union in order to facilitate the process.