FACULTY UNIT MEMBER REDUCTION AND RECALL PROCEDURES Sample Clauses

FACULTY UNIT MEMBER REDUCTION AND RECALL PROCEDURES. ‌ 1. At the special schools, when a reduction in force does not require the elimination of all positions within a program or organizational unit, the following retention priorities will be used in sequence in the identification of faculty unit members assigned to the program or organizational unit who will to be terminated, subject to the need to retain personnel with special skills essential to maintain the integrity and quality of a program, and subject to the need to retain personnel whose performance, in the judgment of the superintendent, significantly enhances the educational effectiveness of the school. The retention priorities outlined in this section will govern to the extent that faculty unit members will only be entitled to preference when their performance equals or exceeds that of persons in lower retention categories as documented on the annual performance reviews for the three most recent years, if available: a. Whenever possible, faculty unit member reduction will be accomplished through attrition. b. Among faculty unit members serving under probationary contracts, those employed in permanently funded positions will have retention priority over those employed in temporarily funded positions, and those employed full-time will have retention priority over those employed on a part-time basis. c. A qualified faculty unit member serving under a continuing contract will have retention priority over a faculty unit member serving under a probationary contract. d. Among faculty unit members having equal retention priority, the faculty unit member with greatest seniority who is qualified to fill the staffing needs of the institution will have retention priority over colleagues whose performance ratings are lower. Seniority will be based upon a faculty unit member's total years of full-time equivalent employment exclusive of periods of unpaid leave, provided that faculty unit members with a break in service of more than four (4) years will not be given credit for service prior to such break. 2. If a faculty unit member who is on continuing contract is terminated under this article, the position may not be filled for a period of two (2) years, unless the terminated faculty unit member has been offered reappointment. The terminated faculty unit member has twenty
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Related to FACULTY UNIT MEMBER REDUCTION AND RECALL PROCEDURES

  • Recall Procedure (a) A laid-off faculty member shall be offered reemployment when a vacancy becomes available for which the bargaining unit member is qualified. A faculty member will be recalled according to the principles of last laid off/first recalled, provided the faculty member is qualified to perform the duties of the position to be filled. (b) Faculty members being recalled shall be notified by mail, e-mail, and telephone to their last known address and shall have fifteen (15) working days from the date of delivery confirmation to respond affirmatively in writing. It shall be the faculty member’s responsibility to provide the College with a current address and make appropriate arrangements for forwarding receipt of mail if the faculty member will be away from their address for more than five (5) calendar days. (c) If the faculty member fails to accept the recall in writing to the College within fifteen (15) working days from the date the delivery of recall notification was confirmed, the faculty member shall be removed from the recall list and the College shall have no further obligation to the faculty member. The faculty member who has been laid-off shall remain on a recall list for two (2) years after layoff. (d) A faculty member who is laid off shall not be considered to have broken continuous service with the College, but shall not accumulate any additional service time during the period of layoff. During the recall period, the faculty member’s compensation, including benefits, shall cease, but shall be reinstated when recalled with the following exceptions: (i) Medical/Dental/Vision Insurance: COBRA will apply. (ii) Sick Leave: Faculty will retain accrued sick leave but will not accrue additional leave during the period of layoff. Sick leave may not be applied during the lay off period.

  • Company Procedures Whenever the holders of the Registrable Securities have requested that any Registrable Securities be registered pursuant to this Agreement, the Company shall use its best efforts to effect the registration and the sale of such Registrable Securities in accordance with the intended method of disposition thereof, and pursuant thereto the Company shall as expeditiously as possible: (a) prepare and file with the Securities and Exchange Commission a registration statement with respect to such Registrable Securities and use best efforts to cause such registration statement to become effective (provided that before filing a registration statement or prospectus or any amendments or supplements thereto, the Company shall furnish to the counsel selected by the holders of a majority of the Registrable Securities being registered copies of all such documents proposed to be filed); (b) prepare and file with the Securities and Exchange Commission such amendments and supplements to such registration statement and the prospectus used in connection therewith as may be necessary to keep such registration statement effective for a period of not less than 180 days (or, if such registration statement is pursuant to a Short-Form Registration, then for a period that shall be necessary to keep such registration statement effective for the period that shall be adequate to sell all Registrable Securities covered thereby) and comply with the provisions of the Securities Act with respect to the disposition of all securities covered by such registration statement during such period in accordance with the intended methods of disposition by the sellers thereof set forth in such registration statement; (c) furnish to the holders of the Registrable Securities being registered such number of copies of such registration statement, each amendment and supplement thereto, the prospectus included in such registration statement (including each preliminary prospectus), and such other documents as the holders of the Registrable Securities being registered may reasonably request to facilitate the disposition of the Registrable Securities owned by such holders; (d) use best efforts to register or qualify, if necessary, such Registrable Securities being registered under such other securities or blue sky laws of such jurisdictions as the holders of a majority of the Registrable Securities being registered reasonably request and do any and all other acts and things that may be reasonably necessary or advisable to enable the holders of the Registrable Securities being registered to consummate the disposition in such jurisdictions of such Registrable Securities owned by such holders (provided that the Company shall not be required to: (i) qualify generally to do business in any jurisdiction where it would not otherwise be required to qualify; (ii) subject itself to taxation in any such jurisdiction; or (iii) consent to general service of process in any such jurisdiction); (e) in the event of the issuance of any stop order suspending the effectiveness of a registration statement, or of any order suspending or preventing the use of any related prospectus or suspending the qualification of any securities included in such registration statement for sale in any jurisdiction, use best efforts promptly to obtain the withdrawal of such order; (f) notify the holders of the Registrable Securities being registered, at any time when a prospectus relating thereto is required to be delivered under the Securities Act, of the happening of any event as a result of which the prospectus included in such registration statement contains an untrue statement of a material fact or omits any fact necessary to make the statements therein not misleading, and, at the request of the holders of a majority of the Registrable Securities being registered, the Company shall prepare a supplement or amendment to such prospectus so that, as thereafter delivered to the holders of Registrable Securities being registered, such prospectus shall not contain an untrue statement of a material fact or omit to state any fact necessary to make the statements therein not misleading; (g) cause all such Registrable Securities included in an offering hereunder to be listed on any national stock exchange or market on which any Registrable Securities are listed, or, if the Registrable Securities are not listed on any national stock exchange or market, the Company shall use best efforts to qualify the Registrable Securities for inclusion on the Nasdaq SmallCap Market; (h) provide a transfer agent and registrar for all such Registrable Securities being registered not later than the effective date of such registration statement; (i) enter into such customary agreements (including underwriting agreements in customary form) and take all such other reasonable actions as the holders of a majority of the Registrable Securities being registered or the underwriter or underwriters, if any, reasonably request to expedite or facilitate the disposition of such Registrable Securities being registered; (j) make available for inspection at the Company's principal office (during normal business hours and upon reasonable notice) by any holder of the Registrable Securities being registered, any underwriter participating in any disposition pursuant to such registration statement, and any attorney, accountant, or other agent retained by any holder of the Registrable Securities being registered or underwriter, all financial and other records, pertinent corporate documents and properties of the Company, and cause the Company's officers, directors, employees, and independent accountants to supply all information reasonably requested by any holder of the Registrable Securities being registered, underwriter, attorney, accountant, or agent in connection with such registration statement; (k) comply with all applicable rules and regulations of the Securities and Exchange Commission; (l) permit the holders of a majority of the Registrable Securities being registered to participate in the preparation of such registration or comparable statement and to require the insertion therein of material, furnished to the Company in writing, which in the reasonable judgment of the Company and its counsel should be included; (m) obtain from its counsel an opinion or opinions in customary form and substance; (n) obtain a cold comfort letter from the Company's independent public accountants in customary form and covering such matters of the type customarily covered by cold comfort letters as the holders of a majority of the Registrable Securities being registered reasonably request; provided that such a comfort letter shall not be required in connection with a Short-Form Registration unless the underwriter or underwriters otherwise require; and (o) take all other actions reasonably necessary to effect the registration of the Registrable Securities contemplated hereby.

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