Common use of EXCHANGE REASSIGNMENT Clause in Contracts

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.

EXCHANGE REASSIGNMENT. In the situations listed below Nothing in this Article shall preclude the Employer shall have from having the right to reassign an employee within his/her classification to another work location and/or work unit and work location.to make in conjunction therewith a direct exchange reassignment in the following situations: 1. A. Where an employee has been disciplined and the circumstances of the disciplinary action indicate that the employee should be reassigned (Oral and Written counseling reassigned, consideration shall not be considered disciplinary actions)given to moving the employee to a vacancy if one exists. 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. B. 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. C. Employees who are at the same class/level shall be allowed to exchange positions between work locations and/or work units when the Appointing Authority finds that such exchange can be accommodated. The denial Such exchange shall be allowed upon the mutual agreement of the employer and the employees who are parties to the exchange. If a proposed exchange is not approved, the Appointing Authority shall advise the affected employees of the reasons for non-approval and afford the Union an opportunity for discussion. If a requested exchange is not approved, such action is not grievable. Whenever the Employer makes a direct exchange reassignment shall not pursuant to Subsections A and B above, the Employer will first seek a volunteer for the direct exchange from the assignment location to which the direct exchange reassignment is to be grievable. 4made. When an employee If there is not performing successfully in a new no qualified volunteer at the assignment location to 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 existsis to be reassigned, the Employer least senior employee in the particular class at such assignment location shall assign such employee to that vacancy. In be selected for the event that there is no remaining vacancy, the Employer shall reassign such employee and make in conjunction therewith a direct exchange reassignment. At the option of the Employer, a probationary employee may be utilized for direct exchange reassignment and consideration for such use, while not mandatory, is encouraged.

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 ap plied 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 m ake in conjunction therewith a di rect exchange reassignment. Whenever the Employer makes a direct exchange reassignment pursuant to Subsections 1 through 4 above, the Employer will first seek a volunteer for the direct exchange from the assignment location to which the direct exchange reassignment is to be made. In the event more than one employee volunteers, the most senior qualified volunteer shall receive the direct exchange reassignment.. If there is no q ualified volunteer at the assignment location to which the employee is to be reassigned, the least senior employee in the particular classification at such assignment location shall be selected for the direct exchange reassignment, in which case the least senior employee so reassigned shall enjoy all rights and protections under Article 14, Section