Involuntary Transfers Any transfer of title or beneficial ownership of Interests or Special Membership Interests, as applicable, upon default, foreclosure, forfeit, divorce, court order or otherwise than by a voluntary decision on the part of a Management Member, Outside Investor Member or Other Investor Member (each, an "Involuntary Transfer") shall be void unless such Management Member, Outside Investor Member or Other Investor Member complies with this Section 13.6 and enables the Company to exercise in full its rights hereunder. Upon any Involuntary Transfer, the Company shall have the right to purchase such Interests or Special Membership Interests, as applicable, pursuant to this Section 13.6 and the person or entity to whom such Interests or Special Membership Interests, as applicable, have been Transferred (the "Involuntary Transferee") shall have the obligation to sell such Interests or Special Membership Interests, as applicable, in accordance with this Section 13.6. Upon the Involuntary Transfer of any Interest or Special Membership Interests, as applicable, such Management Member, Outside Investor Member or Other Investor Member shall promptly (but in no event later than two days after such Involuntary Transfer) furnish written notice to the Company indicating that the Involuntary Transfer has occurred, specifying the name of the Involuntary Transferee, giving a detailed description of the circumstances giving rise to, and stating the legal basis for, the Involuntary Transfer. Upon the receipt of the notice described in the preceding sentence, and for 60 days thereafter, the Company shall have the right to purchase, and the Involuntary Transferee shall have the obligation to sell, all (but not less than all) of the Interests and Special Membership Interests acquired by the Involuntary Transferee for a purchase price equal to the lesser of (i) the Fair Market Value of such Interests or Special Membership Interests, as applicable, and (ii) the amount of the indebtedness or other liability that gave rise to the Involuntary Transfer plus the excess, if any, of the Carrying Value of such Interests or Special Membership Interests, as applicable, over the amount of such indebtedness or other liability that gave rise to the Involuntary Transfer. For purposes of this Agreement, "Carrying Value", with respect to any outstanding Special Membership Interest, means the value equal to the Special Membership Interest Funds advanced by the applicable selling Management Member, Outside Investor Member or Other Investor Member in respect of any such outstanding Special Membership Interest (plus any portion of accrued and unpaid interest on the applicable pro rata outstanding portion of the Bulk Advances that is allocable to the applicable Member pursuant to Section 10.8), less principal amounts paid to such Member in respect of such Member's Special Membership Interest.
Involuntary Transfer An ‘involuntary transfer’ shall mean a change of assignment from one building to another to fill a specific position or vacancy when the employee does not agree to the change of assignment.
6.3.1 In the event the District determines that circumstances require a transfer of staff to fill a specific position and no qualified staff member voluntarily accepts the necessary transfer then the Superintendent will determine that an involuntary transfer action needs to be implemented. A pool of potential involuntary transferees shall be designated. Each potential transferee shall be considered on the basis of information contained in his/her staff development plan, his/her past performance, and any other pertinent factors.
6.3.2 In the event two or more potential transferees are deemed equally qualified by the District, the least senior employee under consideration shall be involuntarily transferred. Each involuntary transfer will be considered on its own merits and every attempt will be made to minimize disruption to the instructional program. The Superintendent shall notify the person to be involuntarily transferred in writing and shall stipulate the reasons for the transfer. Such notification shall take place before the involuntary transfer is to be implemented. The employee who is involuntarily transferred shall have the right to meet with the Superintendent or designee.
6.3.3 Except in emergencies, at least ten (10) days written notice will be given to the person who is to be involuntarily transferred. However, the involuntary transfer will be tentative until the teacher has had the opportunity to appeal the decision through the grievance procedure. Such appeal shall be limited to alleged procedural violations of this involuntary transfer policy. Appeals on any aspect other than the procedure will be submitted to the District’s Board of Directors in accordance with Article 5, Section 1, Class B, Grievance.
6.3.4 Employees who have been involuntarily transferred who notify the District of their desire to return will be transferred back to the last assignment held if or when that former assignment becomes vacant. This consideration shall expire when the employee has worked the same number of years as the former assignment from which they were transferred.
6.3.5 A person involuntarily transferred during the school year will be granted one (1) of the options listed in Section 7, ‘New Curriculum Responsibilities’.
Voluntary Transfers (i) A teacher, other than an Enrolment Transfer Teacher, wishing a transfer during the staffing process will identify as a Voluntary transfer. As a result each school will generate the opening at the discretion of the Principal. For clarification, a Voluntary Transfer teacher is guaranteed a transfer and is required to move. Teachers who have not completed their probationary period, are under performance review, or subject to ongoing disciplinary action may not participate in the Voluntary Transfer process.
(ii) The number of Voluntary Transfers is limited to 20% of teaching staff per school (rounded up using a threshold of 0.5 or greater). In the event one school has greater than 20% interested in a Voluntary Transfer the 20% will be determined by Seniority. The 20% may be adjusted by mutual consent between the Principal and Human Resources.
(iii) Once all known vacancies are established the list of openings will be distributed by Human Resources to all Voluntary Transfer Teachers, Principals and the Bargaining Unit.
(iv) The Voluntary Transfer posting will be posted no later than noon, with a closing date and time of 4:30 PM the following school day, on the internal portion of the Apply To Education website.
(v) Voluntary Transfer teachers may apply to up to 4 positions for which they are qualified and which are equivalent to their current contract FTE, from the available openings on the list.
(vi) In the event that there are no positions of equal FTE the Voluntary Transfer teacher may apply to positions of greater FTE; however, placement will only be into the portion of the contract FTE owned by the Voluntary Transfer teacher and the remaining FTE will remain as an opening in future postings.
(vii) Principals will be required to conduct interviews which will include the 3 applicants who have the greatest Seniority. In the event that 5 or fewer applicants apply to a posting, all applicants will be interviewed.
(viii) Upon completion of the Voluntary Transfer interviews, the Principal will rank the candidates for selection. The Principal will contact the candidate ranked number 1 and offer the position. In the event that the candidate turns down the position, the Principal will then offer the position to the next ranked candidate. The Principal will continue down the list of candidates until either a candidate accepts the position or all have turned down the position. In the event that none of the applicants takes the position, the opening will remain vacant, and will be filled by Human Resources by assigning an unplaced Voluntary Transfer Teacher. If the position still remains vacant once all Voluntary Transfers are placed, the opening will be reposted in the first posting. In the event that none of the applicants is selected by the Principal the position will remain vacant pending a decision from the Appeals Committee as described in Article 20.04.
(ix) Principals will have 72 hours after the posting closes to conduct interviews and make an offer.
(x) Once a Voluntary Transfer Teacher has received an offer of a position the Voluntary Transfer Teacher has 24 hours to accept or decline the offer. After a Voluntary Transfer teacher accepts an offer, the teacher may not accept another offer through the Voluntary Transfer process.
(xi) After the Voluntary Transfer posting is completed, the remaining Voluntary Transfer teachers will be placed by the Human Resources Department. The Human Resources Manager responsible for Elementary Staffing will advise the President or designate of the Bargaining Unit prior to and following the placement of the Voluntary Transfer teachers regarding the following information: the existing openings, the names of the teachers to be placed, and the final placements. The notification following the placements shall be made no later than 4:30 PM on the day the placements are made.
(xii) In the event that there is no position for which the Voluntary Transfer Teacher is qualified, the Voluntary Transfer Teacher will remain unplaced until a position for which the Voluntary Transfer Teacher is qualified becomes available. Voluntary Transfer teachers will be placed by June 30.
(xiii) In the event that a Voluntary Transfer Teacher wishes to appeal the posting/ interview process the teacher may do so as per article 20.04 of the collective agreement.
(xiv) A Voluntary Transfer teacher may also participate in the posting process.
VOLUNTARY TRANSFERS AND REASSIGNMENTS 12.3.1 A listing of tentative vacancies for which the District will interview shall be posted annually in each school on or about March 30 and April 15. The transfer or reassignment closing date will be April 30. Those employees applying within this window shall receive placement prior to consideration of outside applicants.
Voluntary Transfer An employee who transfers within the same class shall receive no salary adjustment. An employee who transfers between classes shall receive the minimum adjustment necessary to bring his/her salary to the minimum rate of the new class. However, an employee receiving a rate of pay in excess of the range maximum shall continue to receive that rate of pay.
Permitted Transfers Within Escrow 5.1 Transfer to Directors and Senior Officers
(1) You may transfer escrow securities within escrow to existing or, upon their appointment, incoming directors or senior officers of the Issuer or any of its material operating subsidiaries, if the Issuer’s board of directors has approved the transfer.
(2) Prior to the transfer the Escrow Agent must receive:
(a) a certified copy of the resolution of the board of directors of the Issuer approving the transfer;
(b) a certificate signed by a director or officer of the Issuer authorized to sign, stating that the transfer is to a director or senior officer of the Issuer or a material operating subsidiary and that any required approval from the Canadian exchange the Issuer is listed on has been received;
(c) an acknowledgment in the form of Schedule “B” signed by the transferee;
(d) copies of the letters sent to the securities regulators described in subsection (3) accompanying the acknowledgement; and
(e) a transfer power of attorney, completed and executed by the transferor in accordance with the requirements of the Issuer’s transfer agent.
(3) At least 10 days prior to the transfer, the Issuer will file a copy of the acknowledgement with the securities regulators in the jurisdictions in which it is a reporting issuer.
Temporary Transfers When an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying classification in the bargaining unit, she shall be paid the rate in the higher salary range immediately above her current rate for all hours worked in the assignment.
