EXCHANGE REASSIGNMENT Sample Clauses

EXCHANGE REASSIGNMENT. In the situations listed below the Employer shall have the right to reassign an employee within his/her classification and work location. 1. Where an employee has been disciplined and the circumstances of the disciplinary action indicate that the employee should be reassigned (Oral and Written counseling shall not be considered disciplinary actions). 2. Where written, recorded, and investigated complaints from residents, or staff indicate that performance or conduct is not satisfactory (in any grievance hearing over application of this Section, the Employer will only be required to show that the complaints received and investigated justified the action taken). The Employer's actions under this Subsection shall not be unreasonable, arbitrary or capricious. When the Employer utilizes this Subsection the Agency shall notify the Local Union. The timeliness issue shall be applied in accordance with Article 8, Section D. for temporary employee exchange reassignment. 3. When an employee requests a transfer and the Employer and the Local Union agrees that the transfer would be in the mutual interest of both parties. The denial of an exchange reassignment shall not be grievable. 4. When an employee is not performing successfully in a new assignment which the employee has obtained by application of bidding or of the vacancy transfer list or otherwise, as verified by an unsatisfactory service rating. In the event that a remaining vacancy exists, the Employer shall assign such employee to that vacancy. In the event that there is no remaining vacancy, the Employer shall reassign such employee and make in conjunction therewith a direct exchange reassignment.