Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers. 2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible. 4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit members. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary Involuntary transfers shall be reassigned ahead made in the best interest of unit members requesting voluntary transfersthe District's education program. When involuntary transfers are necessary, unit members returning from leaves an employee shall not be assigned to a position for which he/she is not qualified. Employees transferred involuntarily shall be given first consideration for openings in other buildings. An employee shall not suffer a loss of absence without paywages, fringe benefits, or new hires.
5. The employer shall make a list of all available vacancies or new positions other rights as guaranteed by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decisionthis Agreement. In the event that an involuntary transfer is deemed necessary due to adjustments in student enrollment, the unit member objects District shall first seek qualified volunteers and consider seniority before deciding who will be transferred in the best interests of the District's education program. Employees involuntarily transferred under these circumstances will be considered (interviewed) for any available opening that would allow the employee to return to their previous assignment during the two years immediately following transfers. Employees transferred involuntarily will receive assistance from the District in moving instructional materials. Such employees will also be provided two (2) days up to eight (8) hours of extended contract time paid from Appendix B to assist with the move. An employee who has been involuntarily transferred after the school year has started will be provided up to two (2) days of release time to complete the move and become oriented to the transfer new building. Employees who have been involuntarily transferred may attend curriculum training at new hire orientations and be compensated at the Appendix B rate. Employees who volunteer to be involuntarily transferred under the paragraph above shall be eligible for the assistance, extended contract and/or release time in this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersparagraph.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, where it 1. An Involuntary Transfer is necessary to select a Superintendent-initiated transfer of a bargaining unit member for transfer where to a transfer has not been requesteddifferent classification, shift, or location that occurs without the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse bargaining unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers’s approval.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse The Superintendent will provide in the affected category writing reasons for the involuntary transfer.
3. If the A bargaining unit member designated for who has been notified of an involuntary transfer using may request in writing a meeting with the above steps is determined by Superintendent to discuss the Board to be essential to merits of the work location that must lose a unit member, the Board may skip said transfer. The bargaining unit member and go may have a union representative at the meeting. No bargaining unit member will be involuntarily transferred to a position for which the next least senior bargaining unit member, when administratively possiblememberis not qualified for.
4. Unit members designated as involuntary transfers shall A bargaining unit member may only be reassigned ahead of involuntarily transferred once per year without the bargaining unit member's agreement. Bargaining unit members requesting voluntary transferswill not be involuntarily transferred two (2) years in a row unless it is due to a pandemic or implementation of a Reduction in Force. If a vacancy subsequently occurs involving the position the bargaining unit member was involuntarily transferred from, the bargaining unit members returning member may request to be returned to that position (i.e., the bargaining unit member’s original position) and the request will be granted. Nothing herein shall prevent a bargaining unit member from leaves of absence without payexpressing an interest in an open position to the Superintendent, or new hireswho will consider the request.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior A bargaining unit member declared as an involuntary transfer who has been involuntarily transferred shall be provided extended time at his/her hourly rate to make receive any training necessary for the first selection - from employee to perform his/her new assignment. The immediate supervisor will be responsible for determining the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment listamount of extended time. Assistants who have satisfactory service in the county as both assistant I and II shall be, The topic of extended time will be discussed at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority collaborative meeting referenced in each individual category. The unit member shall have one (1) business day to consider their selectionParagraph G below.
6. A If the bargaining unit member who is to be involuntarily transferred shall have the right to meet requests custodial assistance with the Board representative who had made move, the decisionimmediate supervisor will consider the request and determine whether to authorize such assistance. In If such assistance is not approved, the event that supervisor will discuss with the bargaining unit member objects the amount of extended time the bargaining unit member will need to complete the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersmove.
7. This provision The bargaining unit member and the Association shall in no way infringe upon the superintendent’s authority under 6- 201 be notified as soon as practicable of the Education Article of the Annotated Code of Marylandany involuntary transfer.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Involuntary Transfers. Except as noted in this Article4.03.1 When an involuntary transfer, where it for the following school year, is necessary to select a unit member for transfer where a transfer has not been requestedbecause of school closure or excess staff, as determined by the pupil-teacher ratio in the spring the following procedures shall apply:
a. No later than May 1, the Board site/program administrator shall transfer in accordance notify the members affected and circulate a statement of tentatively determined surplus staff to each member at his/her work site. Thereafter a site member may, upon request, meet with the following procedures:site/program administrator to make recommendations as to the identification of the surplus prior to the final decision.
1b. In the spring, the District shall determine which schools are to be affected no later than May 10.
c. No later than May 15, the site/program administrator shall circulate to each member at the work site a statement of tentatively determined surplus staff, and a list of all vacancies known as of May 10.
d. No later than May 15, a request for volunteers is to be made. Volunteers shall first make their final intention known no later than May 19. Such volunteers shall be sought transferred as involuntary transferees.
e. All members subject to involuntary transfer shall be ranked in order of district-wide seniority as a certificated employee. Members having the same hire date shall be ranked by lottery administered by the District in the presence of a representative of the Association.
f. Involuntary transfers shall be made by reverse district-wide seniority of members employed in elementary schools; by reverse district-wide seniority in middle schools; and by reverse district-wide seniority by department in high schools. The determination by seniority shall be subject to program needs of the school. Such a determination shall not be made without a basis in fact. A member shall be deemed to have seniority in the department in which he/she has the majority of his/her assignment. If the assignment is evenly divided, the majority assignment in the immediate preceding years shall control. A member in high school who is selected for involuntary transfer from a department may apply his/her seniority in another department in which the member had a majority of his/her assignment during the previous school year in that work location from building. For purposes of seniority pursuant to Section 4.03.1(f), a member assigned to a limited-term position (not to exceed two (2) years) shall remain in the department to which he/she was assigned immediately before.
g. The District shall list all vacancies within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affectedDistrict known as of May 10. Any unit member who volunteers A copy of this list shall be sent to become the involuntary transfer will be given the same consideration in determining reassignment as is given each employee subject to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
h. If a position is left vacant by a member on paid leave or on District assignment, that position may be filled voluntarily by a surplus teacher for the length of the paid leave or assignment. The surplus member’s rights under Section 4.03 of this contract, at the end of this period of service, shall be no greater nor less than they were at the beginning of the period.
i. The list of involuntary transferees in the spring shall be determined by district-wide seniority and composed of:
ii. Members assigned after the current school year began pursuant to Section 4.03.5 or Section 4.03.6.
iii. Members unable to make a selection and assigned.
iv. Members identified for involuntary transfer in the spring of the current school year pursuant to Section 4.03.1.
4.03.2 May 1-May 20
a. The list of vacancies shall accumulate from May 1 until May 19. No vacancies shall be filled prior to May 19.
b. No later than May 20, the District shall send by certified mail to each involuntary transferee a list of vacancies known as of May 19. If those dates are not work days, the preceding work days shall be used.
c. Members being involuntarily transferred shall be notified by certified mail of the time and place to appear, in order of their district-wide seniority, to make position choices from the list of vacancies accumulated through May 19. Each member shall select three (3) positions for which he/she is eligible (credentialed or could be credentialed by Board resolution). At least two (2) must be in the same division to which the member is currently assigned. If the unit member designated is not eligible for involuntary transfer using three (3) positions, he/she shall select as many positions as possible from the above steps is determined by list. If the Board to be essential to the work location that must lose a unit membermember selects in this manner, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers he/she shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have given one (1) business day to consider their selectionof the positions so selected. If the member is eligible for three (3) positions and selects fewer than three (3), he/she may be given one of those positions at the discretion of the Assistant Superintendent of Human Resources or designee. Members shall be assigned by order of district-wide seniority with the most senior member assigned first and continuing in order of seniority, except as provided in Section 4.03.2(d).
6. d. A unit member who is chooses to delay his/her selection or does not appear at the time and place, as notified pursuant to 4.03.2(c) above, shall be involuntarily transferred shall have placed by the right to meet with District. This does not preclude the Board representative who had made the decision. In the event member from applying for any vacancies that the unit member objects appear subsequent to the transfer surplus date. If the position for which he/she is credentialed reopens at this meeting, upon requestthe member’s previous school, the Superintendent or the Superintendent's designee shall meet with such unit membersmember has return rights pursuant to Section 4.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article1. When an employee is involuntarily transferred, where it is necessary they will have the opportunity to select make known to the appropriate administrators their wishes regarding a unit member new assignment.
2. An involuntary transfer will be made only after a meeting between the employee and the supervisor, at which time they will be notified of the reason for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures:writing.
13. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the Notice of an involuntary transfer will be given to the same employee as soon as possible in writing.
4. Employees being involuntarily transferred will be informed of appropriate vacancies known at the time the transfer is being made.
5. An employee involuntarily transferred from their position due to termination of the position, and not for performance reasons, will be given preference consideration to refill the position should it later be reinstated.
Article 9 Employee Evaluation and Personnel Files
A. TSPC Licensed/State Licensed/ODE Authorized Staff Evaluation
1. The District will follow the guidelines, procedures and requirements set forth in determining reassignment as is given to involuntary transfersaccordance with State statutes and outlined in the Xxxxxxx ESD Educator Support and Evaluation Guide (established collaboratively between Xxxxxxx ESD and DESDA).
2. If there are no volunteersPrior to the beginning of the evaluation process, all licensed employees will be provided with copies of the principal shall first select forms on which their evaluations will be written. Copies of any criteria, guidelines or standards of performance will be presented to and discussed with the employee within prior to starting the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferevaluation process.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to All formal observations of work performance of an employee will be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possiblepre-scheduled.
4. Unit members designated as involuntary transfers shall Licensed employees will be reassigned ahead given a copy of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hiresthe evaluation report prepared by their supervisor and a conference will be held to discuss the report.
5. The employer evaluation reports shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service be maintained in the county as both assistant I and II shall be, at personnel files of the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selectionDistrict.
6. The evaluation report shall be placed in the employee’s personnel file only after reasonable notice to the employee.
7. A unit member who licensed employee may make a written statement relating to any evaluation, reprimand, charge, action or any matter placed in the employee’s personnel file and such employee’s statement shall be placed in the personnel file.
8. If a licensed employee is being considered for a program of assistance for improvement, they will be given prior notification and allowed to be involuntarily transferred shall have the right to meet Association representation of their choice at all meetings with the Board representative who had made the decisionadministration concerning this action.
9. In the event that the unit member objects District decides to the transfer at this meeting, upon requestrevise its present licensed employee evaluation procedures, the Superintendent or District will consult, pursuant to State statutes, with a committee of licensed employees appointed by the Superintendent's designee shall meet with such unit memberslocal bargaining unit.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, where it is When involuntary transfers are necessary to select a unit member for transfer where a transfer has not been requestedany reason, the Board shall transfer in accordance with the following proceduresprocess will be used for educational office personnel and paraprofessional positions:
1. Volunteers shall first Affected bargaining unit members will be sought from that work location from within notified of the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionalsneed for involuntary transfer, and licensed practical nurse unit member's assignment affectedoffered the opportunity to accept the transfer. Any unit member who volunteers If more people are willing to become accept the involuntary transfer than needed, the most senior person willing to accept the transfer will be given the same consideration in determining reassignment as is given to involuntary transferstransferred.
2. If there an insufficient number of bargaining unit members are no volunteerswilling to accept the necessary transfer, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferleast senior will be involuntarily transferred.
3. If the Each bargaining unit member designated for to be involuntarily transferred will be placed on the District-wide “involuntary transfer using list” and given the above steps is option of requesting due consideration for any available positions in the District. Consideration for educational office personnel positions shall be based upon qualifications, merit and ability (including performance evaluations, if available), relevant experience, and seniority, provided all other factors are determined by the Board District to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possibleequal.
4. Unit members designated as involuntary transfers shall be reassigned ahead of Bargaining unit members requesting voluntary transferson the District-wide “involuntary transfer List” who request due consideration for an available position and are not approved for the position will choose from any positions in the District that remain available following the due consideration process above, unit members returning from leaves in order of absence without pay, or new hiresseniority.
5. The employer Bargaining unit members on the District-wide “involuntary transfer list” will be notified of their assignment for the following school year no later than May 15th. If the need arises to alter an assignment, the bargaining unit member and Association will be notified immediately. Any bargaining unit member being involuntarily transferred shall make a list be placed before voluntary transfers are allowed and prior to hiring bargaining unit members from outside the District.
1. Affected bargaining unit members will be notified of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessionalthe need for involuntary transfer, and licensed practical nurse assignment and allow offered the opportunity to accept the transfer. If more people are willing to accept the transfer than needed, the most senior person willing to accept the transfer will be transferred.
2. If an insufficient number of bargaining unit members are willing to accept the necessary transfers, the least senior will be involuntarily transferred.
3. At every building, each bargaining unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred will be given the option of choosing an opening in their own building (if one is available) or of being placed on the District-wide “involuntary transfer list”. When more than one person in the building is being transferred the most senior will be given the opportunity to choose first, then the next, and so on. Building-based transfers will be completed prior to District-wide transfers.
4. All bargaining unit members on the district-wide “involuntary transfer list” will choose from any available positions in the District in order of seniority.
5. Bargaining unit members on the District-wide “involuntary transfer list” will be notified of their assignment for the following school year no later than May 15th. If the need arises to alter an assignment, the bargaining unit member and Association will be notified immediately. Any bargaining unit member being involuntarily transferred shall have be placed before voluntary transfers are allowed and prior to hiring bargaining unit members from outside the right District. If an involuntary transfer occurs during a school year, information provided to the bargaining unit member being involuntarily transferred will include, but not be limited to: the position they will be filling, the effective date, the job requirements and description. The bargaining unit member will be given the opportunity to meet with the Board representative who had administrator/supervisor of their new assignment to become acclimated to the new position, be informed of their schedule, introduced to the staff and facility, given an opportunity to indicate any potential training needs based on the requirements of the new position, etc. The bargaining unit member will be given at least 5 working days’ notice, except in an emergency, before the transfer is to be effective and every effort will be made to have the decisiontransition occur at a convenient time in the school calendar – coinciding with a holiday break, school improvement day, institute day, etc. In the event so that the bargaining unit member objects may have a chance to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersconclude their current assignment and prepare for their new assignment.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 2 contracts
Samples: Negotiated Contract, Negotiated Contract
Involuntary Transfers. Except as noted in this Article4.03.1 When an involuntary transfer, where it for the following school year, is necessary to select a unit member for transfer where a transfer has not been requestedbecause of school closure or excess staff, as determined by the pupil-teacher ratio in the spring the following procedures shall apply:
a. No later than May 1, the Board site/program administrator shall transfer in accordance notify the members affected and circulate a statement of tentatively determined surplus staff to each member at his/her work site. Thereafter a site member may, upon request, meet with the following procedures:site/program administrator to make recommendations as to the identification of the surplus prior to the final decision.
1b. In the spring, the District shall determine which schools are to be affected no later than May 10.
c. No later than May 15, the site/program administrator shall circulate to each member at the work site a statement of tentatively determined surplus staff, and a list of all vacancies known as of May 10.
d. No later than May 15, a request for volunteers is to be made. Volunteers shall first make their final intention known no later than May 19. Such volunteers shall be sought transferred as involuntary transferees.
e. All members subject to involuntary transfer shall be ranked in order of district-wide seniority as a certificated employee. Members having the same hire date shall be ranked by lottery administered by the District in the presence of a representative of the Association.
f. Involuntary transfers shall be made by reverse district-wide seniority of members employed in elementary schools; by reverse district-wide seniority by department in middle schools; and by reverse district-wide seniority by department in high schools. The determination by seniority shall be subject to program needs of the school. Such a determination shall not be made without a basis in fact. A member shall be deemed to have seniority in the department in which he/she has the majority of his/her assignment. If the assignment is evenly divided, the majority assignment in the immediate preceding years shall control. A member in middle school or high school who is selected for involuntary transfer from a department may apply his/her seniority in another department in which the member had a majority of his/her assignment during the previous school year in that work location from building. For purposes of seniority pursuant to Section 4.03.1(f), a member assigned to a limited-term position (not to exceed two (2) years) shall remain in the department to which he/she was assigned immediately before.
g. The District shall list all vacancies within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affectedDistrict known as of May 10. Any unit member who volunteers A copy of this list shall be sent to become the involuntary transfer will be given the same consideration in determining reassignment as is given each employee subject to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
h. If a position is left vacant by a member on paid leave or on District assignment, that position may be filled voluntarily by a surplus teacher for the length of the paid leave or assignment. The surplus member’s rights under Section 4.03 of this contract, at the end of this period of service, shall be no greater nor less than they were at the beginning of the period. If a position is vacant due to a one-year reassignment of a teacher, that position may be filled by a surplus teacher in the following manner:
i. The vacancy is for one year only behind a teacher who has return rights for the following school year.
ii. Because it is a temporary assignment, the surplus member will not have rights to a position at the school if the teacher returns.
iii. If another opening does not occur at the site through attrition, the surplus member choosing this assignment will be surplussed for the following school year.
i. The list of involuntary transferees in the spring shall be determined by district-wide seniority and composed of:
i. Members assigned after the current school year began pursuant to Section 4.03.5 or Section 4.03.6.
ii. Members unable to make a selection and assigned.
iii. Members identified for involuntary transfer in the spring of the current school year pursuant to Section 4.03.1.
4.03.2 May 1-May 20
a. The list of vacancies shall accumulate from May 1 until May 19. No vacancies shall be filled prior to May 19.
b. No later than May 20, the District shall send by certified mail to each involuntary transferee a list of vacancies known as of May 19. If those dates are not work days, the preceding work days shall be used.
c. Members being involuntarily transferred shall be notified by certified mail of the time and place to appear, in order of their district-wide seniority, to make position choices from the list of vacancies accumulated through May 19. Each member shall select three (3) positions for which he/she is credentialed (under current state and federal regulations). At least two (2) must be in the same division to which the member is currently assigned. If the unit member designated is not eligible for involuntary transfer using three (3) positions, he/she shall select as many positions as possible from the above steps is determined by list. If the Board to be essential to the work location that must lose a unit membermember selects in this manner, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers he/she shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have given one (1) business day to consider their selectionof the positions so selected. If the member is eligible for three (3) positions and selects fewer than three (3), he/she may be given one of those positions at the discretion of the Assistant Superintendent of Human Resources or designee. Members shall be assigned by order of district-wide seniority with the most senior member assigned first and continuing in order of seniority, except as provided in Section 4.03.2(d).
6. d. A unit member who is chooses to be involuntarily transferred delay his/her selection or does not appear at the time and place, as notified pursuant to 4.03.2(c) above, shall have the right to meet with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit members.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.be
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. Except as noted A. The least senior teacher in this Articlethe grade level or subject area affected by a building realignment shall be placed on the Displaced List. Involuntary transfers shall not be arbitrary or capricious. Any teacher involuntarily transferred shall be given written reason(s) for such transfer.
B. All transfers on unassigned and displaced staff will be to a Displaced List.
C. If funding is reinstated, where it is necessary any teacher who has been involuntarily transferred due to select a unit member possible lack of funding for transfer where a transfer their current position (i.e. Title I positions, etc.) shall be returned to the position from which they have been involuntarily transferred. If the teacher has not been requestedaccepted another vacant position while on the displaced list, the Board that position shall transfer be posted again and filled in accordance with the following procedures:Section 9.05 of this Article.
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer D. Interim vacancies will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow filled with the most senior displaced qualified bargaining unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants currently drawing a teacher salary through Title I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment listfunds. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the The displaced bargaining unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have position will be filled by one (1) business day or more former bargaining unit member(s) on the Recall List, if one exists and is qualified for the position. The recalled bargaining unit member(s) will be subject to consider their selectionthe Reduction-in-Force procedure, should no position(s) remain available for them in the following school year. If no displaced bargaining unit members exist, or are qualified to fill the interim position, the Recall Procedure will be implemented. If no former bargaining unit members on the Recall List exist, or are qualified or available to fill the interim vacancy, a new teacher may be hired to fill the interim vacancy. Said newly hired teacher will be moved to the Displaced List at the conclusion of the school year so that the vacancy can be filled under the terms of this agreement.
6E. If the building realignment process must be enacted within an elementary building, seniority will determine which teacher(s) are displaced from classroom positions into Title I positions. A unit member who The least senior classroom teacher in a position for which the originally displaced teacher is qualified through certificate or license, shall be placed onto the Displaced List and administratively placed into a Title I position, while maintaining their teacher salary. Any ties in seniority shall be broken according to be involuntarily transferred shall have the right distinctions/qualifications listed in 9.05, B2. The more senior, originally displaced teacher may either accept the vacated classroom position or may elect to meet accept the Title I position instead, with the Board representative who had made the decisionunderstanding that their teacher salary will be changed to Title pay. In the event that the unit member objects If a building realignment process must be enacted in any building other than an elementary building, seniority will determine which teacher(s) will be reassigned. Any ties in seniority shall be broken according to the transfer at this meetingdistinctions/qualifications listed in 9.05, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersB2.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Involuntary Transfers. Except as noted in this Article, where it 1. An involuntary transfer is necessary to select a Superintendent-initiated transfer of a bargaining unit member for transfer where to a transfer has not been requesteddifferent building, or to a different grade level in the Board shall transfer elementary grades, or to a different department in accordance with the following procedures:
1. Volunteers shall first be sought from secondary grades, that work location from within occurs without the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse bargaining unit member's assignment affected’s approval. Any unit member who volunteers to become the An involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transferscan only take place when a vacancy exists.
2. No bargaining unit member will be involuntarily transferred to a position for which the bargaining unit member does not hold a proper certificate/licensure.
3. A teacher who has been involuntary transferred to a different building, to a different grade level in the elementary grades, or to a different department may request in writing a meeting with the Superintendent to discuss the merits of the transfer and, at his/her option, may have a representative of his/her choice at this meeting.
4. If there are no volunteersthe teacher so requests, the principal Superintendent shall first select give in writing the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category reason(s) for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The A bargaining unit member shall have one not be involuntarily transferred two (12) business day years in a row unless due to consider their selectionthe implementation of a Reduction in Force. If a vacancy subsequently occurs involving he position the bargaining unit member was involuntarily transferred from, the bargaining unit member may request to be returned to that position and the request will be granted.
6. A unit bargaining member who is to be has been involuntarily transferred shall have receive up to thirty (30) hours for the right purpose of curriculum development, training, and/or other supports necessary to meet be successful. Additional extended hours may be approved by the bargaining unit member’s immediate supervisor. Additionally, as necessary, the bargaining unit member shall receive up to seven and one half (7.5) hours to move his/her materials, resources, etc. due to the involuntary transfer. If the bargaining unit member requests custodial assistance with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon requestmove, the Superintendent or building principal will schedule the Superintendent's designee shall meet with such unit memberscustodial assistance at a mutually agreeable date and time.
7. This provision Prior to the implementation of a transfer (be it voluntary or involuntary), the bargaining unit member and the principal responsible to supervise the position for which the bargaining unit member will be working, shall hold a collaborative meeting to discuss the principal’s expectations for the position and to discuss what supports the bargaining unit member may require in no way infringe upon order to be successful in the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Marylandposition.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article4.03.1 When an involuntary transfer, where it for the following school year, is necessary to select a unit member for transfer where a transfer has not been requestedbecause of school closure or excess staff, as determined by the pupil-teacher ratio in the spring, the Board following procedures shall transfer in accordance apply:
a. No later than May 1, the site/program administrator shall notify the members affected and circulate a statement of tentatively determined surplus staff to each member at his/her work site. Thereafter a site member may, upon request, meet with the following procedures:site/program administrator to make recommendations as to the identification of the surplus prior to the final decision.
1b. In the spring, the District shall determine which schools are to be affected no later than May 10.
c. No later than May 15, the site/program administrator shall circulate to each member at the work site a statement of tentatively determined surplus staff, and a list of all vacancies known as of May 10.
d. No later than May 15, a request for volunteers is to be made. Volunteers shall first make their final intention known no later than May 19. Such volunteers shall be sought transferred as involuntary transferees.
e. All members subject to involuntary transfer shall be ranked in order of district-wide seniority as a certificated employee. Members having the same hire date shall be ranked by lottery administered by the District in the presence of a representative of the Association.
f. Involuntary transfers shall be made by reverse district-wide seniority of members employed in elementary schools; by reverse district-wide seniority by department in middle schools; and by reverse district-wide seniority by department in high schools. The determination by seniority shall be subject to program needs of the school. Such a determination shall not be made without a basis in fact. A member shall be deemed to have seniority in the department in which he/she has the majority of his/her assignment. If the assignment is evenly divided, the majority assignment in the immediate preceding years shall control. A member in middle school or high school who is selected for involuntary transfer from a department may apply his/her seniority in another department in which the member had a majority of his/her assignment during the previous school year in that work location from building. For purposes of seniority pursuant to Section 4.03.1(f), a member assigned to a limited-term position (not to exceed two (2) years) shall remain in the department to which he/she was assigned immediately before.
g. The District shall list all vacancies within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affectedDistrict known as of May 10. Any unit member who volunteers A copy of this list shall be sent to become the involuntary transfer will be given the same consideration in determining reassignment as is given each employee subject to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
h. If a position is left vacant by a member on paid leave or on District assignment, that position may be filled voluntarily by a surplus teacher for the length of the paid leave or assignment. The surplus member’s rights under Section 4.03 of this contract, at the end of this period of service, shall be no greater nor less than they were at the beginning of the period. If a position is vacant due to a one-year reassignment of a teacher, that position may be filled by a surplus teacher in the following manner:
i. The vacancy is for one year only behind a teacher who has return rights for the following school year.
ii. Because it is a temporary assignment, the surplus member will not have rights to a position at the school if the teacher returns.
iii. If another opening does not occur at the site through attrition, the surplus member choosing this assignment will be surplussed for the following school year.
i. The list of involuntary transferees in the spring shall be determined by district-wide seniority and composed of:
i. Members assigned after the current school year began pursuant to Section 4.03.5 or Section 4.03.6.
ii. Members unable to make a selection and assigned.
iii. Members identified for involuntary transfer in the spring of the current school year pursuant to Section 4.03.1.
4.03.2 May 1-May 20
a. The list of vacancies shall accumulate from May 1 until May 19. No vacancies shall be filled prior to May 19.
b. No later than May 20, the District shall send by mail to each involuntary transferee a list of vacancies known as of May 19. If those dates are not workdays, the preceding workdays shall be used.
c. Members being involuntarily transferred shall be notified by mail of the time and place to appear, in order of their district-wide seniority, to make position choices from the list of vacancies accumulated through May 19. Each member shall select three (3) positions for which he/she possesses an active credential (under current state and federal regulations). At least one
(1) must be in the same division to which the member is currently assigned. If the unit member designated is not eligible for involuntary transfer using three (3) positions, he/she shall select as many positions as possible from the above steps is determined by list. If the Board to be essential to the work location that must lose a unit membermember selects in this manner, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers he/she shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have given one (1) business day to consider their selectionof the positions so selected. If the member is eligible for three (3) positions and selects fewer than three (3), he/she may be given one of those positions at the discretion of the Assistant Superintendent of Human Resources or designee. Members shall be assigned by order of district-wide seniority with the most senior member assigned first and continuing in order of seniority, except as provided in Section 4.03.2(d).
6. d. A unit member who is chooses to delay his/her selection or does not appear at the time and place, as notified pursuant to 4.03.2(c) above, shall be involuntarily transferred shall have placed by the right to meet with District. This does not preclude the Board representative who had made the decision. In the event member from applying for any vacancies that the unit member objects appear subsequent to the transfer surplus date. If the position for which he/she is credentialed reopens at this meeting, upon requestthe member’s previous school, the Superintendent or the Superintendent's designee shall meet with such unit membersmember has return rights pursuant to Section 4.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. Except as noted 1. The department shall provide a member with seven (7) days notice in this Article, where writing of an involuntary transfer. The notice shall be personally delivered whenever it is necessary practical to select do so and shall state the reason for the transfer. The member shall have three (3) days to appeal the decision (not including Saturdays and Sundays) to a unit committee which shall be referred to as the “Involuntary Transfer Board.” If the member for transfer where a transfer has not been requestedappeals, the voluntary transfer shall be stayed until the Board holds its hearing and renders its decision. If the member does not appeal the transfer, it shall transfer in accordance with be effective at the following procedures:
1. Volunteers shall first be sought from that work location from within end of the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfersseven (7) day notice.
2. If there are no volunteersThe Involuntary Transfer Board shall be comprised of two exempt members of the department (i.e., Major, Lt. Col., Chief) and one member of equal rank with the principal member being transferred. The parties shall first select agree on a list of 7-10 members from each rank who shall be used to hear such appeals and who shall rotate on the employee Board as appeals arise. No member of the Board shall have participated in making the decision to involuntarily transfer the member. The hearing on the appeal shall take place within four (4) working days, not including Saturday or Sunday, from the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in date the affected category appeal has been filed by the member/FOP.
3. At the hearing the Department shall articulate the business reason or reasons for the involuntary transfer.
3, including but not limited to, any operational reasons including staffing needs, job performance, experience, seniority, etc. If The member subject to the unit transfer shall be permitted to have another member designated of the FOP act as his/or her advocate at the hearing and question the Department’s representative regarding the articulated reason for involuntary the transfer using and provide evidence to show that the above steps is determined reason given was not valid and/or a pretext for the transfer. The FOP advocate may review employment records, if authorized to do so by the Board to be essential to the work location that must lose a unit member, and/or call up to two witnesses to provide testimony in support of the Board member’s appeal. The FOP’s advocate shall be permitted reasonable time off with pay to appear at the hearing. The FOP may skip said unit member and go to provide evidence which disputes the next least senior unit memberquality of performance or disciplinary records, when administratively possiblethe operational reasons given, or any other aspects of the Department’s position.
4. Unit members designated as The Board shall consider the evidence presented and then vote on whether to sustain or rescind the involuntary transfers transfer. The decision shall be reassigned ahead based upon the vote of unit members requesting voluntary transfersthe majority and shall be rendered no later than 24 hours after the conclusion of the hearing. Should the transfer be sustained, unit members returning from leaves of absence without pay, or new hiresthe Department may implement the transfer forty-eight (48) hours after the decision.
5. The employer shall make a list Should the member disagree with the decision of all available vacancies or new positions by clericalthe Board, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow he/she may appeal to the most senior unit member declared as an involuntary transfer to make Deputy Commissioner within four working days of receiving the first selection - decision from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual categoryboard upholding the involuntary transfer. The unit Deputy Commissioner or his/her designee shall be required to conduct a hearing on the appeal no later than seven (7) working days after having received the same and shall render a decision within three (3) working days of having heard the appeal. A member shall have one (1) business day to consider their selectionmay not be involuntary transferred from his/her current position until such time as a final decision has been rendered by the Deputy Commissioner.
6. A unit member who is The department shall designate an employee to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. In the event that the unit member objects secretary to the involuntary transfer at this meeting, upon request, board who shall receive all written requests for appeals to be heard by the Superintendent or the Superintendent's designee shall meet with such unit membersboard.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Involuntary Transfers. Except as noted (a) An involuntary transfer is a District-initiated change from one position to another position in this Articlethe same classification that is vacant in the District. This Section shall not apply to situations arising out of the implementation of Federal, where it is necessary to select a unit member for transfer where a transfer has not been requestedState or local regulations or guidelines governing specific programs. In situations involving an external operator, the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer Association will be given included in the same consideration in determining reassignment as is given to involuntary transferstransfer implementation.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as (b) Before imposing an involuntary transfer due to make a reduction in force, the District shall first selection - from seek employees who wish to volunteer to leave the appropriate clericalimpacted worksite(s) and who are State Certified for a vacant position within the District.
(c) In the event there are more volunteers than positions to be filled, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service volunteers will be transferred in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one following order:
(1) business day to consider their selectionRequirements of applicable Federal, State and/or local law, regulations or guidelines;
(2) Most Seniority;
(3) Highest earned degree or equivalent.
6. A unit member who is (d) In the event there are more positions to be filled than volunteers, employees will be involuntarily transferred in the following order:
(1) Requirements of applicable Federal, State and/or local law, regulations or guidelines;
(2) Least Seniority; and
(3) Lowest earned degree or equivalent.
(e) An employee replacing a teacher on leave-of-absence shall be considered to have the right Seniority and earned degree or equivalent of the individual on leave.
(f) Exemptions may be granted for incumbent xxxxxxxxx employees (certification and/or course); exemptions may also be granted to meet with the Board representative who had made the decision. prevent a department from losing more than 10% of incumbent employees or 1 employee, whichever is greater.
(g) In the event that the unit member objects District designates additional modified calendar schools prior to the shift in schedule, reasonable effort shall be made to transfer at Permanent employees who do not wish a modified calendar school assignment to available vacancies for which the employee is State Certified.
(h) Any ties in Seniority under this meetingSection shall be broken according to Section 7.03 of this Agreement.
(i) The Involuntary Transfer of an employee for reasons other than a reduction in force will be infrequent, upon requestand may be initiated by either the District or the Association. In such an event, the Superintendent Executive Director of Human Resources will first engage in a consultation with the Business Agent or the Superintendent's designee shall meet with such unit members.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 President of the Education Article of Association. Following that consultation, the Annotated Code of Marylandaction must be approved, in every case, by the Chief Academic Officer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except An involuntary transfer may be initiated by the District for any of the following reasons, including, but not limited to, a decrease in the number of students at a site, department or program, the elimination or reduction of programs, the opening or closing of schools, layoffs, a decrease in funding in a program, department, or subject matter, or a change or increase in qualifications necessary at a site or in a program (e.g., the worksite requires a certain qualification, such as noted CLAD certificate). Members without a CLAD may be involuntarily transferred if compliance with state or federal law requires the Member to have a CLAD at a site where they are assigned and they do not.
8.6.2.1 Any involuntary transfer will not be made in this Articlean arbitrary and capricious manner.
8.6.2.2 If an involuntary transfer becomes necessary, where it the site administrator or the District will first request volunteers to meet the need(s) for involuntary transfer(s). Thereafter, the needs will be satisfied in the following order: 1) temporary teachers will be first transferred; 2) first year probationary teachers will be next; and 3) second year probationary teachers will be last. Seniority dates will break any ties when applying the foregoing categories to satisfy the need for an involuntary transfer. If, after initiating an involuntary transfer based on the foregoing categories, additional Members need to be involuntarily transferred, selection will be based on the seniority of the Members.
8.6.2.3 Any Member who is necessary being involuntarily transferred will list his/her preferences from the list of the available vacant positions. Said Member will be granted an interview for his/her top three (3) choices of vacant positions, so long as the Member possesses the certifications and qualifications, and otherwise meets the requirements of the position. However, if more than one involuntarily transferred Member requests an interview for a given position, the most senior Member will be granted an interview, and the other involuntarily transferred applicants for that position may also be granted interviews for the vacancy at the discretion of the District. Any involuntarily transferred Members who are not selected for a position will be placed by the District. All involuntarily transferred Members will be placed by the District in vacant positions prior to select a unit member opening positions to voluntary transfers and outside candidates.
8.6.2.4 A Member who is involuntarily transferred will be given priority consideration for transfer where an interview for a transfer has not been requestedto a vacant position that is in the same subject matter area and department as the Member was assigned to at the Member’s previous site.
8.6.2.5 The District will give priority consideration for an interview for vacancies to internal applicants who are involuntarily transferred as a result of school closures, based on appropriate credentials and experience.
8.6.2.6 A Member who is involuntarily transferred following the Board shall start of the school year will be permitted, upon reasonable request, one to three days of preparation time for the transfer in accordance to the new site, with the following procedures:consent of the ASHR or designee. The number of days granted will depend upon the difficulty of preparation for the new assignment.
1. Volunteers shall first 8.6.2.7 Upon request, an involuntarily transferred Member will be sought from that work location from within given written notice of the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become reason or reasons for the involuntary transfer by the Associate Superintendent Human Resources or designee. The Associate Superintendent Human Resources or his/her designee will notify the Member of the involuntary transfer by May 1 or as soon as reasonably practicable after the needs of the District have been ascertained. If the employee objects, the employee may request a meeting with the Associate Superintendent Human Resources. The employee may at his/her option, have an Association representative present at the meeting.
8.6.2.8 If a particular school is to be given closed, then Members at that school shall be treated as involuntary transfers, and shall be accorded the same consideration in determining reassignment as is transfer rights given to involuntary transferstransfers to the extent reasonably practicable.
28.6.2.9 The District will provide boxes as needed to move District- owned property to the Member’s new site. If there are no volunteersThe District will, to the principal extent feasible, move District-owned property to the Member’s new site. Personal items intermixed with District-owned property shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined be moved by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, District at the unit memberMember’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selectionown risk.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit members.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted Involuntary Transfers shall not be punitive or disciplinary in this Article, where it is necessary to select nature and shall be based on the needs of the District.
a. When a unit member for transfer where a transfer has not been requestedis involuntarily transferred because of staff reduction, it shall be done on the Board shall transfer in accordance following basis: TK – 5: The unit member with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I least District wide seniority at a school which loses a staff position and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, other on-site vacancies will be the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the person at that school to receive an involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member with the least District seniority, within the reduced grade level, will be reassigned to the site vacancy. Reassignments by the site principal may still occur after this process. Middle School: The unit member with the least District wide seniority within a department designated to lose a staff member shall have one (1) business day be the first person to consider their selectionreceive an involuntary transfer provided he/she has the necessary credentials to fill another District vacancy.
6b. Teachers to be involuntarily transferred shall be given the list of vacancies and will have the opportunity to meet with the administrator(s) who have positions to discuss the position begore being formally offered the transfer. In the event the teacher does not obtain an assignment, the Director of Human Resources will determine the placement prior to the start of the voluntary transfer process and notify the unit member via District email. This decision will be final.
c. A unit member who is to be involuntarily transferred shall have be given the right to meet with reasons for the Board representative who had made impending transfer in confidence and shall be informed by the decision. In the event that the unit member objects to Director of Human Resources before the transfer at this meeting, upon request, is made public.
d. An involuntary transfer shall not result in the Superintendent loss of District wide seniority or the Superintendent's designee shall meet with such any fringe benefit to unit members.
7. This provision e. The District shall in no way infringe upon make every reasonable attempt to exempt a unit member from successive involuntary transfers
f. The District will make an effort to assist a unit member who has been involuntarily transferred to make such a move.
g. When a unit member is transferred or moved from one site to another, the superintendentDistrict shall supply boxes and transport materials to the new site.
h. The unit member being transferred will received one (1) day’s authority under 6- 201 of pay at the Education Article of unit member’s daily rate to make the Annotated Code of Marylandmove.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where A. An Involuntary Transfer will be a transfer of an individual between buildings that an employee has not been requested, the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, B. The District recognizes that the principal shall first select assignment and transfer of an employee directly affects the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, employee’s satisfaction and licensed practical nurse effectiveness in the affected category workplace. In the spirit of maintaining positions, involuntary transfers will take place prior to reassignments. The District will not involuntarily transfer employees for the involuntary transferarbitrary and capricious reasons.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. C. In the event that the unit member objects Deer Park School District finds it necessary to involuntarily transfer certificated staff, then the following procedures will be used in the event of changes in enrollment/staffing needs:
1. When determining involuntary transfers, the District will give consideration to the transfer at this meetingemployee’s personal preference and qualifications in the areas of training and experience.
2. Certificated employees will not generally be assigned to areas; outside the employee's certificated/endorsed area(s); areas in which they are required to obtain emergency certification; or, upon requestareas in which the employee has less than two (2) years teaching experience. The number of years since teaching in the assigned area, the number of times the individual has been recently transferred, and the seniority within the district will all be considerations.
3. Written communication from the Superintendent or designee will inform the Association President prior to notification of the affected staff member.
4. Prior to implementing an involuntary transfer, the Superintendent or designee will discuss the Superintendent's designee shall meet transfer and rationale with affected employee(s) and will consider the employee’s concerns. Affected employee(s) will have the opportunity to present options and alternatives.
5. Except in an emergency, such unit membersnotice will be given as early as possible but not later than the last regularly scheduled school day.
6. Employees will be provided reasonable assistance in facilitating the move. This assistance may include up to two days per diem pay or three days of substitute coverage at the employee’s discretion.
7. This provision shall Employees who have been involuntarily transferred will not be evaluated unsatisfactory in no way infringe upon the superintendentareas of “Knowledge of Subject Matter” or “Professional Preparation and Scholarship” during the first year of their involuntary transfer.
8. An administrator will meet with the individual being involuntarily transferred in order to develop an instructional support plan that may include but is not limited to mentoring, classroom observations, and meetings with department members.
9. Employees involuntarily transferred will be given priority to return to a similar position at the previous site for three years. Refusal to return when an opening occurs terminates the employee’s authority under 6- 201 of right to return to the Education Article of the Annotated Code of Marylandprevious position.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted The parties recognize that, in this Articleorder to meet the staffing needs of the District, where it is may be necessary to select a unit member for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures:an educator involuntarily.
1. Volunteers The Building Principal from which the transfer is to occur shall first be sought seek volunteers from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfersaffected school.
2. If there In the event all factors are no volunteersdeemed equal, the principal Administration shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferconsider transferring a volunteer.
3. If the unit member designated no volunteers emerge, an educator shall be selected for involuntary transfer using based upon consideration of factors that include, without limitation: licensure, qualifications, merit,ability, performance appraisal, and relevant experience. Length of continuing service (i.e., seniority) must not be considered unless all other factors are deemed equal. No involuntary transfer shall be made without the above steps is determined by the Board to be essential immediate written notification to the work location that must lose educator, including the rationale. The educator selected for the involuntary transfer shall be considered for future vacancies for which they are qualified, provided the educator makes a unit memberrequest for a voluntary transfer. Additionally, the Board may skip said unit member educator will receive a conference with the relevant administrator, at which time the educator will receive an explanation of the process used to determine which educator would experience the transfer, and go the logistics of the change including any necessary adjustment to the next least senior unit member, when administratively possible.
4timeline for implementation of the transfer. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as If an involuntary transfer is required, the selected educator will be notified in writing, including the rationale, prior to make the first selection - from end of the appropriate clericalperiod of time during which voluntary transfers occur and if possible, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in prior to the county as both assistant I and II shall be, at the unit member’s option, placed on end of the involuntary transfer list for assistants I and II based on their seniority in each individual categoryprocess timeline. The unit member provisions of Section 8.02 shall have one (1) business day to consider their selection.
6apply. A unit member who If the educator is to be involuntarily transferred shall have the right to meet not satisfied with the Board representative who had made results of this conference, they may appeal the decision. In the event that the unit member objects involuntary transfer decision to the transfer Superintendent’s designee. If the educator is not satisfied with the decision by the designee, they may appeal the decision to the Superintendent, whose decision shall be final. The educator may request the presence of an Association representative at this meetingeither of these appeal levels. Once an educator is selected for the involuntary transfer, upon requestwhere appropriate, the Superintendent or educator and the Superintendent's designee administrator involved will create a professional development transition plan to ease the educator’s transition and support educator success in the new position. The educator selected for the involuntary transfer shall meet with such unit membersbe considered for future vacancies for which they are qualified, provided the educator makes a request for a voluntary transfer pursuant to Section 8.04(A), above.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Negotiated Agreement
Involuntary Transfers. Except An involuntary transfer shall be a transfer initiated by the District to a position outside of an employee’s current building or classification.
9:6.1 Although the Board and the Association recognize that the frequent involuntary transfer(s) of employees may be disruptive to employees, they also recognize that such transfers are sometimes necessary.
(a) At least ten (10) calendar days notice of proposed involuntary transfers will be given to the employee involved upon knowledge that such transfer is necessary except in an emergency which requires immediate action.
(b) At least ten (10) calendar days notice of proposed involuntary transfers will be given to the employee involved if the transfer is to take place between June 30 and August 1.
9:6.3 An employee may request a meeting with his/her supervisor or designee to discuss the transfer and may be accompanied at the meeting by an Association representative.
9:6.4 Employees will not be involuntarily transferred to other than existing vacancies in their classification except as noted organizational needs and legal requirements dictate provided that such involuntary transfers are within the same classification.
9:6.5 Where transfers are deemed necessary and such transfers are involuntary, the least senior employee in this Article, the affected classification will be transferred unless the sending or the receiving school’ operational needs require a particular employee’s experience and qualifications or where it is necessary to select a unit member for transfer where a transfer has not been requestedsatisfy the requirements of law, court order, or affirmative action programs.
9:6.6 An involuntarily transferred employee transferred from one classification to another will be given, operational needs permitting, the Board shall transfer option to return to his/her original classification at the end of the year if he/she requests in accordance with the following procedures:
writing by April 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, 9:6.7 Employees working in the principal shall first select Meadowood program will remain in their current building assignment unless the employee within requests a transfer, or the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category building administrator defines for the involuntary employee reasons for the transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. In the event that the unit member objects entire building program is to be relocated, all employees will follow the program to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersnewly assigned building.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in An involuntary transfer is the involuntary movement of an employee from one school or worksite to another school or worksite. Reassigning an employee from one grade level, subject matter or class to another at the same worksite or school is not an involuntary transfer. The parties understand and agree that the reassignment of teachers within a school or worksite from one class, subject matter or grade level to another is governed by Section 9:33 – Teaching Assignments of this Article, where it is necessary to select a unit member for transfer where a transfer has not been requestedProvision. Also, the Board shall transfer in accordance with reassignment of an itinerant employee to a different worksite or school is not an involuntary transfer. Involuntary transfers may occur for any of the following procedures:reasons: • When new buildings open; • When a facility is closed; • When there is a decline in student enrollment; • To staff new schools or programs; • To adjust for loss of classes or programs; or • To avoid reductions in force.
1. Volunteers shall first Before involuntarily transferring any employee, voluntary transfer to a vacant position at another school or worksite will be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers offered to become those whose transfer would make the involuntary transfer unnecessary. Anyone requesting a voluntary transfer may withdraw this request at any time prior to agreeing to accept a position. Those employees willing to transfer in order to avoid their own involuntary transfers or to avoid the involuntary transfer of another employee will be given the same consideration in determining reassignment as is given to involuntary transfershave priority for unfilled vacancies over Transfer Day and Job Fair applicants.
2. If It is recognized that there are no volunteersmight be more than one employee willing to transfer; and, in such case, the principal shall first select vacant position will be awarded to the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category certified for the involuntary transferposition with the greatest system-wide seniority. If two (2) or more employees desire the vacant position and have equal certification and system- wide seniority:
A. The position will be awarded to the employee with the greatest amount of academic preparation. (Academic preparation shall be measured as a major or advanced degree in a subject area.);
B. Thereafter, all things still being equal, the position will be awarded by lot.
3. If involuntary transfer cannot be avoided by following the unit member designated voluntary transfer provisions of this Section, employees will be chosen for involuntary transfer to positions for which they are certified using the above steps is following criteria:
A. Performance and effectiveness as determined by School Board Policy.
B. The employee(s) with the Board to be essential to the work location that must lose a unit memberleast building-level seniority;
C. Where building-level seniority is equal, the Board may skip said unit member employee(s) with the least system-wide seniority will be involuntarily transferred; and
D. Where building-level and go to the next least senior unit membersystem-wide seniority are equal, when administratively possibleselection for involuntary transfer will be made by lot.
4. Unit members designated as involuntary transfers The parties recognize that certified teachers who agree to teach courses or subjects outside of their area of certification to cover the shortage of certified teachers benefits the School System and the students of St. Tammany Parish. The parties also recognize that such teachers spend considerable time and resources in achieving the additional certifications and agree that they should not be penalized for doing so. Accordingly, for purposes of this Article, “certified” employee shall be reassigned ahead include a certified employee on a temporary teaching assignment who is working toward an additional certification in another area. The parties agree that it is consistent with the goal of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hireshaving certified teachers in the classroom for a certified teacher to accept a temporary teaching assignment and agree to work toward an additional certification in another area.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants Employees who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be are involuntarily transferred shall have the right to meet return to the schools or worksites from which they were transferred in order of system-wide seniority, provided a permanent vacancy for which they are certified occurs at their former schools or worksites prior to the first pupil attendance day of the school year following the school year in which their transfers took place. The parties understand, agree, and confirm the past practice that when more than one employee wishes to return and fill the same vacancy and the employees wishing to return have equal system-wide seniority, lots will be drawn to select the employee who receives the position. Employees interested in returning to their former schools shall notify the Department of Human Resources. An employee interested in returning to his former school or worksite shall notify the Department of Human Resources. In accordance with past practice, where the need to reduce one or more positions in a program or department at a particular school or worksite results in the need to involuntarily transfer an employee, the affected employee will not have the right to the position held by another employee at that school or worksite who is not in the department or program, even though that position is held by an employee with less building or system-wide seniority.
6. Where the entire student body of a school building or an entire grade, department or classification of employee (for example, kindergarten teachers) is moved en masse to another school or worksite or divided between two or more schools or worksites, employees shall be transferred with their classes if their classes also move intact to a new location. If their classes are divided or split among new locations or cease to exist in their present form as a result of the move, transfers to the new location or locations will be made in accordance with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit memberscriteria set forth in subsection (C) above.
7. This provision Any employee who is involuntarily transferred shall in no way infringe upon not again be involuntarily transferred for a period of two (2) school years.
8. An employee on sabbatical leave shall be notified if his position is subject to being abolished. Such notification shall be by certified mail, return receipt requested.
9. An employee may also be transferred involuntarily at the superintendent’s authority under 6- 201 direction of the Education Article Superintendent when the Superintendent determines that special or exigent circumstances, or conflicts between employees, make it necessary to transfer one or more employees in the interest of security and safety. Any employee involuntarily transferred under this provision may grieve the transfer under the grievance and arbitration provisions of this Agreement. Before an involuntary transfer occurs under this provision, the provision of the Annotated Code of Marylandjust cause procedure, Article III – Discipline (Provisions Common to All Employees), shall be observed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Section 1. It shall be the sole right of the Police Chief to transfer employees of the Department where such transfer does not result in a loss of pay (excluding clothing allowance and other benefits attributable to the prior assignment) to the transferred employee. If a transfer is a permanent change in the officer’s assignment, shift, or days off, the employee shall be given no less than five (5) working days’ notice prior to the transfer in order that the employee may arrange for an orderly change. The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs of the Department or emergency conditions require that temporary changes be made with little or no advance notice.
Section 2. District transfers involving employees in the Uniformed Patrol Division will be based upon legitimate, non-arbitrary Departmental objectives, including, but not limited to, suitability for particular assignments and training functions. Such transfers will only change the employee’s district and not the shift assignment. Where it is necessary to displace an employee in the new district, the least senior non-probationary employee in that district will be transferred and will not have any shift or district pick.
Section 3. Except as noted provided in this Article, where it in no event shall any transfer be subject to the grievance/arbitration provisions of this Agreement; provided that in cases in which a transfer is necessary accompanied by a disciplinary suspension or demotion, the arbitrator may rescind the transfer as part of the remedy if the arbitrator determines that the employee did not commit the disciplinary offense.
Section 4.1 Employees transferred from specialty units to the Uniformed Patrol Division will be permitted to select a unit member for transfer where a transfer has not been requestedshift, the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I district and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affecteddays off based upon Department seniority. Any unit member who volunteers to become less senior non-probationary employee assigned routine patrol duties displaced as the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead result of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred such shift pick shall have the right to meet with the Board representative who had made the decisionsame bumping right. In the event that the unit member objects No other person may exercise such rights.
Section 4.2 Sergeants transferred from specialty units to the transfer at this meetingUniformed Patrol Division will be permitted to select a shift, district and days off based upon request, Classification seniority. Any less senior non-probationary Sergeants assigned routine patrol duties displaced as the Superintendent or result of such shift pick shall have the Superintendent's designee shall meet with such unit memberssame bumping right.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except An involuntary transfer occurs when a nurse is required to change building or assignment. Involuntary transfers may occur as noted in this Articlea result of an opening or closing of a building, where it is necessary redistribution of students, or to select a unit member for better meet the health needs of students. Volunteers shall be sought prior to making any involuntary transfer where a transfer has either into or out of any specific position or to another building. When an adequate number of volunteers are not been requestedobtainable, the Board least senior nurse shall transfer be transferred. Nurse Rights in accordance with the following procedures:an Involuntary Transfer
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the No involuntary transfer will be given made until the same consideration in determining reassignment as is given to nurse has been provided with the reasons for the transfer. Any nurse affected by an involuntary transferstransfer will be released by the Board from his/her contract if he/she so requests.
2. If Written notification of involuntary transfers shall be made as soon as possible. No involuntary transfers shall be made after the end of the current school year unless there are no volunteersis an unexpected change in circumstances, the principal shall first select the employee within the present clericalenrollment, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.or health needs..
3. If the unit member designated for involuntary transfer using the above steps is determined Nurses whose positions are being eliminated will be informed by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively building principal as soon as possible.
4. Unit members designated as involuntary transfers shall Individuals in positions that are going to be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hireseliminated will be given first consideration for openings before any external candidate is hired.
5. The employer shall make a list A nurse whose position is being eliminated cannot “bump” another nurse from his/her position, regardless of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selectionseniority.
6. A unit member nurse involuntarily transferred to a position that may be temporary due to student health needs will retain his/her seniority.
7. Any nurse who is to be involuntarily transferred shall will be given priority consideration for any future vacancies at the building or for the position from which he/she transferred. He/she will be the last one considered for any future involuntary transfers to other buildings. Seniority Seniority will be continuous employment in the Wentzville School District. Leaves of absence will not affect seniority. Past Experience The District and the WNEA acknowledge that there has been confusion about credit for past experience and want to have resolution to individual concerns. Nurses currently have the right to meet review their personnel file. Nurses who wish to review their application and resume experience can make an appointment with the Board representative Executive Director of Human Resources. Nurse Hiring Process The WNEA and the District agree that current nurses can provide relevant and valuable insight into the position requirements during the selection process of new nurses. The Executive Director of Student Services and/or a designee will solicit nurses who had made would be willing to serve as a resource to principals in the decisionselection process of a new nurse. In Principals will be apprised of this opportunity and given the event that the unit member objects option to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersutilize these services.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Master Agreement
Involuntary Transfers. Except as noted in An involuntary transfer is the involuntary movement of an employee from one school or worksite to another school or worksite. Reassigning an employee from one grade level, subject matter or class to another at the same worksite or school is not an involuntary transfer. The parties understand and agree that the reassignment of teachers within a school or worksite from one class, subject matter or grade level to another is governed by Section 9:33 – Teaching Assignments of this Article, where it is necessary to select a unit member for transfer where a transfer has not been requestedProvision. Also, the Board shall transfer in accordance with reassignment of an itinerant employee to a different worksite or school is not an involuntary transfer. Involuntary transfers may occur for any of the following procedures:reasons: • When new buildings open; • When a facility is closed; • When there is a decline in student enrollment; • To staff new schools or programs; • To adjust for loss of classes or programs; or • To avoid reductions in force.
1. Volunteers shall first Before involuntarily transferring any employee, voluntary transfer to a vacant position at another school or worksite will be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers offered to become those whose transfer would make the involuntary transfer unnecessary. Anyone requesting a voluntary transfer may withdraw this request at any time prior to agreeing to accept a position. Those employees willing to transfer in order to avoid their own involuntary transfers or to avoid the involuntary transfer of another employee will be given the same consideration in determining reassignment as is given to involuntary transfershave priority for unfilled vacancies over Transfer Day and Job Fair applicants.
2. If It is recognized that there are no volunteersmight be more than one employee willing to transfer; and, in such case, the principal shall first select vacant position will be awarded to the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category certified for the involuntary transferposition with the greatest system-wide seniority. If two (2) or more employees desire the vacant position and have equal certification and system- wide seniority:
A. The position will be awarded to the employee with the greatest amount of academic preparation. (Academic preparation shall be measured as a major or advanced degree in a subject area);
B. Thereafter, all things still being equal, the position will be awarded by lot.
3. If involuntary transfer cannot be avoided by following the unit member designated voluntary transfer provisions of this Section, employees will be chosen for involuntary transfer to positions for which they are certified using the above steps is following criteria:
A. Performance and effectiveness as determined by School Board Policy.
B. The employee(s) with the Board to be essential to the work location that must lose a unit memberleast building-level seniority;
C. Where building-level seniority is equal, the Board may skip said unit member employee(s) with the least system-wide seniority will be involuntarily transferred; and
D. Where building-level and go to the next least senior unit membersystem-wide seniority are equal, when administratively possibleselection for involuntary transfer will be made by lot.
4. Unit members designated as involuntary transfers The parties recognize that certified teachers who agree to teach courses or subjects outside of their area of certification to cover the shortage of certified teachers benefits the School System and the students of St. Tammany Parish. The parties also recognize that such teachers spend considerable time and resources in achieving the additional certifications and agree that they should not be penalized for doing so. Accordingly, for purposes of this Article, “certified” employee shall be reassigned ahead include a certified employee on a temporary teaching assignment who is working toward an additional certification in another area. The parties agree that it is consistent with the goal of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hireshaving certified teachers in the classroom for a certified teacher to accept a temporary teaching assignment and agree to work toward an additional certification in another area.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants Employees who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be are involuntarily transferred shall have the right to meet return to the schools or worksites from which they were transferred in order of system-wide seniority, provided a permanent vacancy for which they are certified occurs at their former schools or worksites prior to the first pupil attendance day of the school year following the school year in which their transfers took place. The parties understand, agree, and confirm the past practice that when more than one employee wishes to return and fill the same vacancy and the employees wishing to return have equal system-wide seniority, lots will be drawn to select the employee who receives the position. Employees interested in returning to their former schools shall notify the Department of Human Resources. An employee interested in returning to his former school or worksite shall notify the Department of Human Resources. In accordance with past practice, where the need to reduce one or more positions in a program or department at a particular school or worksite results in the need to involuntarily transfer an employee, the affected employee will not have the right to the position held by another employee at that school or worksite who is not in the department or program, even though that position is held by an employee with less building or system-wide seniority.
6. Where the entire student body of a school building or an entire grade, department or classification of employee (for example, kindergarten teachers) is moved en masse to another school or worksite or divided between two or more schools or worksites, employees shall be transferred with their classes if their classes also move intact to a new location. If their classes are divided or split among new locations or cease to exist in their present form as a result of the move, transfers to the new location or locations will be made in accordance with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit memberscriteria set forth in subsection (C) above.
7. This provision Any employee who is involuntarily transferred shall in no way infringe upon not again be involuntarily transferred for a period of two (2) school years.
8. An employee on sabbatical leave shall be notified if his position is subject to being abolished. Such notification shall be by certified mail, return receipt requested.
9. An employee may also be transferred involuntarily at the superintendent’s authority under 6- 201 direction of the Education Article Superintendent when the Superintendent determines that special or exigent circumstances, or conflicts between employees, make it necessary to transfer one or more employees in the interest of security and safety. Any employee involuntarily transferred under this provision may grieve the transfer under the grievance and arbitration provisions of this Agreement. Before an involuntary transfer occurs under this provision, the provision of the Annotated Code of Marylandjust cause procedure, Article III – Discipline (Provisions Common to All Employees), shall be observed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted a) The Association reserves the right to transfer employees involuntarily from one position to an equivalent position: professional to professional; member rights specialist to member rights specialist; technical to technical; secretarial to secretarial; skill and trade laborer to skill and trade laborer; clerical to clerical; if it determines that such transfer is necessary because of an emergency, to prevent undue disruption of the program or to better utilize the services and skills of the employee. No such transfer shall result in a reduction of salary or any other benefits provided for in this Article, where it is necessary to select a unit member Agreement. Reasons for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will shall be stated in writing and may be appealed through the grievance procedure. An employee shall be given written notification prior to the same consideration in determining reassignment as is transfer. Employees required to relocate shall be given 90 days notice. Employees not required to involuntary transfersrelocate shall be given 45 days notice. The Association and FSO may agree to adjust the notification period.
2b) If an employee is involuntarily transferred, the Association shall provide the employee with such training as may be necessary to qualify him/her for his/her new position. If there are no volunteersthe Association seeks to transfer an employee involuntarily and the employee feels such transfer is inimical to his/her best interest, the principal shall first select Association shall, at the employee's request, enter into negotiations with the Union in an effort to reach a mutually acceptable solution to the problem. If the problem is not resolved to the employee's satisfaction, the Association reserves the right to make the transfer in question and the employee within may file a grievance alleging only a violation of the present clericalprocedures required by this or any other Article of this Agreement.
c) An employee may not be involuntarily transferred from a position in one location, assistant Ioffice or community to another position in a different location, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse office or community more than once in a two (2) year period from the affected category date of the event unless there is no other employee who is qualified for the position to be filled by involuntary transfer.
3. If the unit member designated d) An employee who is involuntarily transferred to a temporary position in a different location, office or community may not be so transferred for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead period of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - more than twelve (12) months from the appropriate clerical, assistants I date of the event without concurrence of the employee and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment listthe Union. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred Said employee shall have the right to meet with return to his/her original position, if such position still exists, or to an equivalent position at the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersconclusion of his/her temporary transfer.
7. This provision e) The Association shall in no way infringe upon align the superintendent’s authority under 6- 201 overall job responsibilities and priorities of any employee who is assigned to assume the Education Article responsibilities of the Annotated Code of Marylandanother employee who has been involuntarily transferred.
Appears in 1 contract
Samples: Master Contract
Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where An Involuntary Transfer will be a transfer of an individual between buildings that an employee has not been requested, . The District recognizes that the Board shall assignment and transfer in accordance with of an employee directly affects the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I employee’s satisfaction and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse effectiveness in the affected category for workplace. In the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit memberspirit of maintaining positions, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5will take place prior to reassignments. The employer shall make a list of all available vacancies or new positions by clerical, assistant I District will not involuntarily transfer employees for arbitrary and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decisioncapricious reasons. In the event that the unit member objects Deer Park School District finds it necessary to involuntarily transfer certificated staff, then the following procedures will be used in the event of changes in enrollment/staffing needs: When determining involuntary transfers, the District will give consideration to the transfer at this meetingemployee’s personal preference and qualifications in the areas of training and experience. Certificated employees will not generally be assigned to areas; outside the employee's certificated/endorsed area(s); areas in which they are required to obtain emergency certification; or, upon requestareas in which the employee has less than two (2) years teaching experience. The number of years since teaching in the assigned area, the number of times the individual has been recently transferred, and the seniority within the district will all be considerations. Written communication from the Superintendent or designee will inform the Association President prior to notification of the affected staff member. Prior to implementing an involuntary transfer, the Superintendent or designee will discuss the Superintendent's designee shall transfer and rationale with affected employee(s) and will consider the employee’s concerns. Affected employee(s) will have the opportunity to present options and alternatives. Except in an emergency, such notice will be given as early as possible but not later than the last regularly scheduled school day. Employees will be provided reasonable assistance in facilitating the move. This assistance may include up to two days per diem pay or three days of substitute coverage at the teacher’s employee’s discretion. Employees who have been involuntarily transferred will not be evaluated unsatisfactory in the areas of “Knowledge of Subject Matter” or “Professional Preparation and Scholarship” during the first year of their involuntary transfer. An administrator will meet with such unit the individual being involuntarily transferred in order to develop an instructional support plan that may include but is not limited to mentoring, classroom observations, and meetings with department members. Employees involuntarily transferred will be given priority to return to a similar position at the previous site for three years. Refusal to return when an opening occurs terminates the employee’s right to return to the previous position.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article(a) An involuntary transfer is the involuntary movement of an employee from one school or worksite to another school or worksite. Reassigning an employee from one grade level, where it subject matter or class to another at the same worksite or school is necessary not an involuntary transfer. The parties understand and agree that the reassignment of teachers within a school or worksite from one class, subject matter or grade level to select a unit member for transfer where a transfer has not been requestedanother is governed by Article XVII, Section 17:03 of the Teachers’ Agreement. Also, the Board shall reassignment of an itinerant employee to a different worksite or school is not an involuntary transfer. Involuntary transfers may occur for any of the following reasons:
(1) When new buildings open;
(2) When a facility is closed;
(3) When there is a decline in student enrollment;
(4) To staff new schools or programs;
(5) To adjust for loss of classes or programs; or
(6) To avoid reductions in force.
(b) Before involuntarily transferring any employee, voluntary transfer to a vacant position at another school or worksite will be offered to those whose transfer would make the involuntary transfer unnecessary. Anyone requesting a voluntary transfer may withdraw this request at any time prior to agreeing to accept a position. Those employees willing to transfer in accordance order to avoid their own involuntary transfers or to avoid the involuntary transfer of another employee will have priority for unfilled vacancies over Transfer Day and Job Fair applicants.
(c) It is recognized that there might be more than one employee willing to transfer; and, in such case, the vacant position will be awarded to the employee certified for the position with the following proceduresgreatest system-wide seniority. If two (2) or more employees desire the vacant position and have equal certification and system- wide seniority:
(1) The position will be awarded to the employee with the greatest amount of academic preparation. Volunteers (Academic preparation shall first be sought from that work location from within measured as a major or advanced degree in a subject area.);
(2) Thereafter, all things still being equal, the present clericalposition will be awarded by lot.
(d) If involuntary transfer cannot be avoided by following the voluntary transfer provisions of this Section, assistants I employees will be chosen for involuntary transfer to positions for which they are certified using the following criteria:
(1) The employee(s) with the least building-level seniority;
(2) Where building-level seniority is equal, the employee(s) with the least system-wide seniority will be involuntarily transferred; and
(3) Where building-level and IIsystem-wide seniority are equal, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the selection for involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfersmade by lot.
2(e) The parties recognize that certified teachers will agree to teach courses or subjects outside of their area of certification to cover the shortage of certified teachers for those courses and subjects and that their doing so benefits the School System and the students of St. Tammany Parish. If there are no volunteersThe parties also recognize that such teachers spend considerable time and resources in achieving the additional certifications and agree that they should not be penalized for doing so. Accordingly, for purposes of this Article, “certified” employee shall include a certified employee on a temporary teaching assignment who is working toward an additional certification in another area. The parties agree that it is consistent with the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse goal of having certified teachers in the affected category classroom for the involuntary transfera certified teacher to accept a temporary teaching assignment and agree to work toward an additional certification in another area.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants (f) Employees who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be are involuntarily transferred shall have the right to meet return to the schools or worksites from which they were transferred in order of system-wide seniority, provided a permanent vacancy for which they are certified occurs at their former schools or worksites prior to the first pupil attendance day of the school year following the school year in which their transfers took place. Employees interested in returning to their former schools shall notify the Department of Human Resources. If the permanent vacancy occurs during the school year in which such employees were involuntarily transferred, the vacancy shall be temporarily filled for the balance of that year and permanently filled thereafter with the Board representative who had made employee desiring to return from involuntary transfer to said vacancy.
(g) Where the decisionentire student body of a school building or an entire grade, department or classification of employee (for example, kindergarten teachers) is moved en masse to another school or worksite or divided between two or more schools or worksites, employees shall be transferred with their classes if their classes also move intact to a new location. In If their classes are divided or split among new locations or cease to exist in their present form as a result of the event that the unit member objects move, transfers to the new location or locations will be made in accordance with the criteria set forth in subsection (d) above.
(h) Any employee who is involuntarily transferred shall not again be involuntarily transferred for a period of two (2) school years.
(i) An employee on sabbatical leave shall be notified if his position is subject to being abolished. Such notification shall be by certified mail, return receipt requested.
(j) An employee may also be transferred involuntarily at the direction of the Superintendent when the Superintendent determines that special or exigent circumstances, or conflicts between employees, make it necessary to transfer at one or more employees in the interest of security and safety. Any employee involuntarily transferred under this meeting, upon requestprovision may grieve the transfer under the grievance and arbitration provisions of this Agreement. Before an involuntary transfer occurs under this provision, the Superintendent or the Superintendent's designee shall meet with such unit members.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education just cause procedure, Article of the Annotated Code of Maryland.IX, shall be observed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted Involuntary Transfers shall not be punitive or disciplinary in this Article, where it is necessary to select nature and shall be based on the needs of the District.
a. When a unit member for transfer where a transfer has not been requestedis involuntarily transferred because of staff reduction, it shall be done on the Board shall transfer in accordance following basis: TK – 5: The unit member with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I least District wide seniority at a school which loses a staff position and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, other on-site vacancies will be the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the person at that school to receive an involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member with the least District seniority, within the reduced grade level, will be reassigned to the site vacancy. Reassignments by the site principal may still occur after this process. Middle School: The unit member with the least District wide seniority within a department designated to lose a staff member shall have one (1) business day be the first person to consider their selectionreceive an involuntary transfer provided he/she has the necessary credentials to fill another District vacancy.
6b. Teachers to be involuntarily transferred shall be given the list of vacancies and will have the opportunity to meet with the administrator(s) who have positions to discuss the position before being formally offered the transfer. In the event the teacher does not obtain an assignment, the Director of Human Resources will determine the placement prior to the start of the voluntary transfer process and notify the unit member via District email. This decision will be final.
c. A unit member who is to be involuntarily transferred shall have be given the right to meet with reasons for the Board representative who had made impending transfer in confidence and shall be informed by the decision. In the event that the unit member objects to Director of Human Resources before the transfer at this meeting, upon request, is made public.
d. An involuntary transfer shall not result in the Superintendent loss of District wide seniority or the Superintendent's designee shall meet with such any fringe benefit to unit members.
7. This provision e. The District shall in no way infringe upon make every reasonable attempt to exempt a unit member from successive involuntary transfers.
f. The District will make an effort to assist a unit member who has been involuntarily transferred to make such a move.
g. When a unit member is transferred or moved from one site to another, the superintendentDistrict shall supply boxes and transport materials to the new site.
h. The unit member being transferred will received one (1) day’s authority under 6- 201 of pay at the Education Article of unit member’s daily rate to make the Annotated Code of Marylandmove.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article9.6.1 Involuntary Transfer Due to Lack of Appropriate Credential Authorization.
9.6.1.1. Prior to being involuntarily transferred, where it is necessary to select a certificated bargaining unit member for transfer where a transfer has not been requestedlacking an appropriate CLAD, BCLAD, or SDAIE or credentialauthorization shall be offered an opportunity to do either of the Board shall transfer in accordance with the following proceduresfollowing:
19.6.1.1.1 Reassignment to another position at the same school site to which he/she is qualified.
9.6.1.1.2 Enrollment in a program to acquire the appropriate credential while remaining in the same assignment. Volunteers shall first be sought from that work location from The employee must make a good faith effort to successfully complete the program within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any required time limits as required by law.
9.6.1.1.3 A certificated bargaining unit member who volunteers has been notified 90 days prior to become assuming his/her classroom assignment that he/she needs an authorized credential and who doesn’t voluntarily transfer or enroll in a program to acquire the involuntary transfer appropriate credential or authorization may be involuntarily transferred.
9.6.1.1.3.1 If a bargaining unit member is involuntarily transferred for lack of appropriate credential authorization, the District will be given make every reasonable effort to place the bargaining unit member in an assignment at the same consideration in determining reassignment grade level or curricular area as is given to involuntary transfershis/her previous assignment.
29.6.2 Involuntary Transfer for Decline in Enrollment or Program Reduction.
9.6.3 At schools identified by the District Office for reduction in staff as a result of decline in enrollment, program reduction, or program elimination, site supervisors and appropriate staff shall establish criteria for the determination of which personnel shall be transferred. All unit members at that site shall be notified regarding the criteria to be used by the immediate supervisor for the determination of which personnel shall be transferred.
9.6.3.1 Prior to the imposition of an involuntary transfer, volunteers shall be sought via a school wide announcement by the immediate supervisor.
9.6.4 If there sufficient voluntary transfers are no volunteersnot forthcoming, the principal immediate supervisor shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using to be transferred based upon the following criteria:
9.6.4.1 Required credential authorization(s) (elementary and secondarypositions);
9.6.4.2 Major(s) or minor(s) (specialized elementary positions and all secondary positions);
9.6.4.3 Expertise at a particular grade level (elementary only); subjectarea experience (secondary positions);
9.6.4.4 Skills and individual capabilities as specified in the job description (elementary and secondary positions);
9.6.4.5 Applicable adjunct capabilities (elementary and secondary).
9.6.4.6 If the above steps is determined by factors are substantially equal, then the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to with the next least senior unit member, when administratively possibleDistrict-wide seniority shall be selected.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. 9.6.4.6.1 The unit member shall have one (1) business day to consider their selectionbe notified in writing by the immediate supervisor of the effective date of the transfer.
6. A unit member 9.6.4.6.2 Unit members who are required to move to another site during the summer due to program needs/changes will be provided payment for two substitute days ($100) if the teacher is not notified of the move prior to the last week of school.
9.6.5 Unit members who are to be involuntarily transferred under such conditions shall be given the opportunity to apply for any vacant positions in the District and the selection of such personnel shall be made as required in 9.4.
9.6.5.1 Unit members who meet all the criteria in 9.4.4 for a vacancy shall have the right priority placement to meet with the Board representative who had made the decision. In the event that the unit member objects a vacancy prior to the transfer at this meetingconsideration of outside candidates.
9.6.6 Unit members shall be granted, upon request, a personal meeting with the Superintendent or his/her designee if they object to the Superintendent's involuntary transfer and/or subsequent assignment. The Superintendent or his/her designee shall meet with such make the decision regarding the transfer and his/her decision shall be submitted in writing to the unit membersmember and the immediate supervisor involved.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted Involuntary Transfers shall not be punitive or disciplinary in this Article, where it is necessary to select nature and shall be based on the needs of the District.
a. When a unit member for transfer where a transfer has not been requestedis involuntarily transferred because of staff reduction, it shall be done on the Board shall transfer in accordance following basis: TK – 5: The unit member with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I least District wide seniority at a school which loses a staff position and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, other on-site vacancies will be the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the person at that school to receive an involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member with the least District seniority, within the reduced grade level, will be reassigned to the site vacancy. Reassignments by the site principal may still occur after this process. Middle School: The unit member with the least District wide seniority within a department designated to lose a staff member shall have one (1) business day be the first person to consider their selectionreceive an involuntary transfer provided he/she has the necessary credentials to fill another District vacancy.
6b. Unit members to be involuntarily transferred shall be given the list of vacancies and will follow the voluntary interview process. In the event the unit members does not obtain an assignment, the Assistant Superintendent of Human Resources will determine the placement prior to the start of the voluntary transfer process and notify the unit member via District email. This decision will be final.
c. A unit member who is to be involuntarily transferred shall have be given the right to meet with reasons for the Board representative who had made impending transfer in confidence and shall be informed by the decision. In the event that the unit member objects to Assistant Superintendent of Human Resources before the transfer at this meeting, upon request, is made public.
d. An involuntary transfer shall not result in the Superintendent loss of District wide seniority or the Superintendent's designee shall meet with such any fringe benefit to unit members.
7. This provision e. The District shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Marylandmake every reasonable attempt to exempt a unit member from successive involuntary transfers
f. The District will make an effort to assist a unit member who has been involuntarily transferred to make such a move.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except 16.2.1 An involuntary transfer shall be defined as noted in this Article, a transfer where it is necessary the unit member objects to select a change from his/her work site.
16.2.2 Assigned Staff shall be defined as a unit member assigned to one location for a full day.
a. When an involuntary transfer where a transfer has not been requestedis necessary, the Board shall transfer in accordance with BOCES will first seek volunteers at the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become site where the involuntary transfer will is to be given the same consideration in determining reassignment as is given to involuntary transfers.
2made from. If there are no volunteers, the principal shall first select least senior unit member at the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for work site where the involuntary transfer.
3transfer is to be made from will be transferred. If Such involuntary transfer shall be made only after meeting with the unit member designated involved, an officer of the SABEA and the District Superintendent or his/her designee.
b. If the new work site requires at least fifteen (15) miles additional one way driving from his/her residence, the unit member will be paid daily mileage at the prevailing contract rate for involuntary transfer using the above steps is determined by miles from the Board to be essential former work site to the new work location that must lose site on a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possibleround trip basis.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. c. In the event that the unit member objects is offered a transfer back to the transfer at this meetingoriginal work site or a work site that is less than the additional fifteen (15) miles from his/her residence and refuses the transfer, upon requestor the unit member applies and is appointed to another position, the daily mileage payments will cease. If the unit member changes his/her place of residence after the involuntary transfer so that the travel distance from his/her residence to his/her new district work site is equal to or less than the distance from his/her residence to the original work site the daily mileage payments will cease.
d. Involuntary transfer mileage reimbursement for eligible staff will be available for one year following the involuntary transfer.
16.2.3 Traveling Staff shall be defined as a unit member assigned to more than one location within one school day.
a. When an involuntary transfer is necessary, the BOCES will first seek volunteers from within the specific tenure area or civil service classification. If there are no volunteers, the least senior unit member at the work site within the specific tenure area or civil service classification where the involuntary transfer is to be made from will be transferred. Such involuntary transfer shall be made only if there are no volunteers and after a meeting with the unit member involved, an officer of the SABEA and the District Superintendent or the Superintendent's designee shall meet with such unit membershis/her designee.
7. This provision b. If the base school (base school shall in no way infringe upon mean the superintendent’s authority under 6- 201 work site where unit member is assigned the majority of his/her work week) is changed and said change requires the unit member to drive more than an additional fifteen (15) miles from his/her residence, as of the Education Article date of his/her transfer, BOCES will pay additional mileage from the Annotated Code old base school to a new base school, mileage at the prevailing contract rate only for those days that the unit member travels to schools other than the new base school.
c. In the event that the unit member is offered a transfer back to the original base school or a base school that is less than the additional fifteen (15) or more miles from his/her residence and refuses the transfer or the unit member applies and is appointed to another position, the additional daily mileage payment will cease. If the unit member changes his/her place of Marylandresidence after the involuntary transfer so that the travel distance from his/her residence to the new base school district is equal to or less than the distance from his/her residence to the original base school, the additional mileage payments will cease.
d. Mileage from the base school to other work locations will be paid at the prevailing contract rate on a round trip basis.
e. Involuntary transfer mileage reimbursement for eligible staff will be available for one year following the involuntary transfer.
Appears in 1 contract
Samples: Professional Services
Involuntary Transfers. Except 14.2.1 An involuntary transfer shall be defined as noted in this Article, a transfer where it is necessary to select a unit member for objects to a change from his/her work location to another work location at another building.
14.2.2 When an involuntarily transfer where a transfer has not been requestedis necessary, the Board shall transfer in accordance with the following procedures:
1. Volunteers shall BOCES will first be sought from that work location seek volunteers from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2specific Civil Service position title involved. If there are no volunteers, the principal shall first select the employee volunteers from within the present clericalspecific Civil Service position title involved, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in then an involuntary transfer will be made.
14.2.3 Unit members not assigned to instructional programs shall be notified of an involuntary transfer or reassignment at least thirty (30) days before the affected category for transfer or reassignment becomes effective. A unit member who objects to the involuntary transfer must notify the Human Resource Services Office within ten (10) days after he/she receives notification of the involuntary transfer.
3. If 14.2.4 An involuntary transfer or reassignment shall be made only after a meeting between the unit member designated involved and the Assistant Superintendent for Administrative Services or designee, at which time the employee will be notified of the reason, therefore, in writing.
14.2.5 All involuntary transfers will be within specific Civil Service classifications. When involuntary transfer using is made, the above steps employee within the specific Civil Service classification with the least seniority at the work site where the involuntary transfer is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possiblemade from will be transferred.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning 14.2.6 If the new work site requires at least fifteen (15) miles additional one-way driving from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option's residence, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day will be paid daily mileage at the prevailing contract rate for the miles from the former work site to consider their selectionthe new work site, on a round-trip basis.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. 14.2.7 In the event that the unit member objects employee is offered a transfer back to the transfer at this meetingoriginal work site, upon requestor one in a comparable location, and refuses, the Superintendent daily mileage payment will cease. If the employee changes his/her place of residence after the involuntary transfer so that the travel distance from his/her residence to the new district work site is equal to or less than the Superintendent's designee shall meet with such unit membersdistance from his/her original work site, the daily mileage payments will cease.
7. This provision shall 14.2.8 Involuntary transfer mileage reimbursement for eligible staff will be available for one year following the involuntary transfer, unless otherwise ineligible due to the conditions in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland14.2.7.
Appears in 1 contract
Samples: Professional Services
Involuntary Transfers. Except as noted A. Ineffectiveness or Incompatibility
1) Bargaining unit members shall be immediately informed in this Article, where it is necessary writing of any administrative concerns regarding ineffectiveness or incompatibility at the time that known circumstances and/or events give rise to select the concerns. Bargaining unit members shall also simultaneously be informed of any proposed procedures for resolving the stated concerns and provided opportunity for a future conference with the administrator communicating the concerns. The bargaining unit member for transfer where a transfer has not been requested, shall also have the Board shall transfer in accordance with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers right to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfersAssociation representation during such conferences.
2. ) If there are no volunteersan administrative transfer is proposed, copies of a written request for transfer shall be submitted to the principal shall first select teacher and the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse appropriate person in the affected category District's Division of Human Resources/Labor Relations by April 1 for transfers proposed for the involuntary beginning of the following school year.
3) Such written requests shall clearly indicate specific actions/circumstances/ events that are alleged to demonstrate ineffectiveness and/or incompatibility and contain an account of the procedures followed to ameliorate the circumstances giving rise to the proposed action to transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. ) The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The bargaining unit member shall have one three (13) business day working days within which to consider their selection.
6request review. A Upon the bargaining unit member's request, the Associate Superintendent, Division of Human Resources/Labor Relations, or his/her designee, shall schedule a conference wherein the merits of the proposed transfer may be thoroughly considered. The bargaining unit member who is to be involuntarily transferred shall have the right to meet with Association representation during such conference, and such conference shall occur not earlier than seven (7) nor later than fifteen (15) calendar days after the Board representative who had made bargaining unit member(s) request.
5) Within five (5) days after the decisionconference, the Associate Superintendent, Division of Human Resources/Labor Relations, shall submit his/her written disposition of the transfer request to the bargaining unit member(s). The bargaining unit member(s) shall then have the right to submit the merits of the proposed transfer to the Grievance Procedure contained within this contract beginning at Level III.
6) In reviewing charges of incompatibility and/or ineffectiveness, those responsible for conducting such review shall objectively and responsibly determine fault wherein ineffectiveness and/or incompatibility is primarily a result of an interpersonal strain between bargaining unit member(s) and the administrator seeking the bargaining unit member(s)' transfer. In those situations where the event that the unit member objects to administrator seeking the transfer at this meeting, upon requesthas not responsibly exercised fair judgment in the treatment of the bargaining unit member(s), the Superintendent or the Superintendent's designee bargaining unit member(s) shall meet with such unit membersnot be transferred for simple expediency.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, In cases where it is necessary to select a unit member for transfer where enrollment or program changes require a transfer has not been requestedto be made, the Board District shall first ask for and will consider volunteers to be transferred. A transfer in accordance with the following procedures:is defined as a change between buildings or program levels (Preschool, Primary, Intermediate, Middle School, High School, and CAPS).
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the Written notice of an involuntary transfer for the following school year will be given to the same consideration in determining reassignment as is given to involuntary transfersunit member by May 15.
2. If there are no volunteers, When the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for District makes an involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose of a unit member, the Board may skip said unit member's seniority in the District, competency, training and experience will be taken into consideration by the District.
3. An involuntary transfer will be made after a meeting between the unit member and go to the next least senior building administrator, at which time the unit member will be notified in writing, if requested by the unit member, when administratively possibleof the reason for transfer. If an involuntary transfer occurs during the summer months, and the unit member is unavailable for a meeting, the unit member will be notified by the certified letter.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall receive personal notice prior to the general staff being informed of a transfer.
5. When a unit member is being involuntarily transferred, they will have one the opportunity to make known to the appropriate administrators their wishes regarding possible new assignments. The unit member will have the opportunity to visit the new assignment prior to transfer and will be given at least two (12) business day days to consider their selectionprepare without student responsibilities.
6. A unit member who is The district in their reasonable judgment may fill vacancies on a temporary or tentative basis until the end of the current year at which time the position will be considered vacant. This vacancy shall be posted internally for ten (10) days at each site and in the District office, prior to be involuntarily transferred shall have public posting for the right to meet with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersposition.
7. This provision No unit member shall be subject to more than two involuntary transfers within any five (5) year period of employment in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of MarylandDistrict except in a layoff situation. A unit member involuntarily transferred who applies for a vacant position will be given first consideration over new hires.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, where it is necessary to select X When a unit member for transfer where is involuntarily transferred, he/ she will have the opportunity to make known to the appropriate administrators his/her wishes regarding a transfer has not been requested, the Board shall transfer in accordance with the following procedures:
1new assignment. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the B Notice of an involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively as soon as possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the Ⓒ A unit member’s optionlength of MCPS service, placed on area of com- petence and experience, major or minor field of study, and highly qualified status as defined by NCLB re- quirements will be considered significant factors in the involuntary transfer list process. In addition, because the parties believe that there are educational benefits for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is all students to be involuntarily transferred shall have taught by a diverse staff, MCPS will consider diversity in the right transfer process. Diversity is defined broadly to meet with the Board representative who had made the decisioninclude gender, race, and ethnicity. In the event that other significant factors are equal, a unit member’s length of MCPS service will prevail except for the SYSTEMWIDE effort to promote increased diversity in the workforce. The parties will jointly develop imple- mentation procedures for this SYSTEMWIDE effort. In determining “area of competence” in elementary schools, involuntary transfer decisions will be made within the group of those similarly certified (and not job code). Ⓓ Unit members in split location assignments who are involuntarily transferred out of one of their locations will be asked if they prefer to retain the other part of their assignment or to be treated as a fulltime invol- untary transfer. If the preference is to retain the other part(s) of the assignment, human resources will attempt to find an appropriate match. If an appropriate match cannot be found the employee may be placed in a new full-time position. An employee preferring a new full-time placement is not guaranteed a single location assignment if none is available.
E A unit member may grieve an involuntary transfer that is alleged to be based on arbitrary or capricious reasons. F Unit members being involuntarily transferred will be informed of appropriate vacancies known at the time the transfer decision is made. Unit members will be able to indicate their preference of assignment. Effort will be made to honor the unit member’s geographic preference as indicated on the preference sheet if a vacancy in the teacher’s area of certification is available. G When it becomes necessary for a unit member to transfer because of changes in enrollment or program, the Office of Human Resources and Development will give the transfer of the unit member objects priority in filling known vacancies. H PRIORITY PLACEMENTS
1. Placement of unit members on involuntary transfers and returnees from leave will occur at a SYSTEMWIDE meeting scheduled after the close of the voluntary transfer season and prior to July. Meetings will be organized by school level (one for elementary, one for secondary). Community superintendents, prin- cipals who have vacancies and those who have placed teachers on the involuntary list, appropriate human resources representatives and XXXX will be invited. Except as noted below, the voluntary transfer process will reopen on June 6.
2. In the event that all involuntary placements cannot be made at this the SYSTEMWIDE meeting, upon requestplacements will continue to be made by the Office of Human Resources and Development and the Office of School Support and Improvement in consultation with MCEA. Appropriate notices of any continuing closed fields will be posted on the Web by the Office of Human Resources and Development. The placement process in such fields shall continue until all such placements are completed. At that point, the Superintendent or voluntary transfer process for that field will reopen, and notice of such shall be posted on the Superintendent's designee shall meet with such unit membersWeb.
73. This provision shall Priority placements will be completed prior to any change of a part-time member to full-time or a full-time member to part-time or any new hire is assigned.
4. Priority placements whose initial placement did not meet their preference criteria will notify the Office of Human Resources and Development in no way infringe upon the superintendent’s authority under 6- 201 writing of the Education Article of the Annotated Code of Maryland.their wish to have their folders identified for con- tinued review. These unit members are encouraged to send resumes and cover letters to principals at schools with vacancies that more closely meet their preferences. ARTICLE
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted Involuntary Transfers shall not be punitive or disciplinary in this Article, where it is necessary to select nature and shall be based on the needs of the District.
a. When a unit member for transfer where a transfer has not been requestedis involuntarily transferred because of staff reduction, it shall be done on the Board shall transfer in accordance following basis: TK – 5: The unit member with the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I least District wide seniority at a school which loses a staff position and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, other on-site vacancies will be the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the person at that school to receive an involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member with the least District seniority, within the reduced grade level, will be reassigned to the site vacancy. Reassignments by the site principal may still occur after this process. Middle School: The unit member with the least District wide seniority within a department designated to lose a staff member shall have one (1) business day be the first person to consider their selectionreceive an involuntary transfer provided he/she has the necessary credentials to fill another District vacancy.
6b. Teachers to be involuntarily transferred shall be given the list of vacancies and will follow the voluntary interview process. In the event the teachers does not obtain an assignment, the Director of Human Resources will determine the placement prior to the start of the voluntary transfer process and notify the unit member via District email. This decision will be final.
c. A unit member who is to be involuntarily transferred shall have be given the right to meet with reasons for the Board representative who had made impending transfer in confidence and shall be informed by the decision. In the event that the unit member objects to Director of Human Resources before the transfer at this meeting, upon request, is made public.
d. An involuntary transfer shall not result in the Superintendent loss of District wide seniority or the Superintendent's designee shall meet with such any fringe benefit to unit members.
7. This provision e. The District shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Marylandmake every reasonable attempt to exempt a unit member from successive involuntary transfers
f. The District will make an effort to assist a unit member who has been involuntarily transferred to make such a move.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, where it is necessary to select X When a unit member for transfer where is involuntarily transferred, he/ she will have the opportunity to make known to the appropriate administrators his/her wishes regarding a transfer has not been requested, the Board shall transfer in accordance with the following procedures:
1new assignment. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the B Notice of an involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively as soon as possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the Ⓒ A unit member’s optionlength of MCPS service, placed on area of com- petence and experience, major or minor field of study, and highly qualified status as defined by NCLB re- quirements will be considered significant factors in the involuntary transfer list process. In addition, because the parties believe that there are educational benefits for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is all students to be involuntarily transferred shall have taught by a diverse staff, MCPS will consider diversity in the right transfer process. Diversity is defined broadly to meet with the Board representative who had made the decisioninclude gender, race, and ethnicity. In the event that other significant factors are equal, a unit member’s length of MCPS service will prevail except for the SYSTEMWIDE effort to promote increased diversity in the workforce. The parties will jointly develop imple- mentation procedures for this SYSTEMWIDE effort. In determining “area of competence” in elementary schools, involuntary transfer decisions will be made within the group of those similarly certified (and not job code). Ⓓ Unit members in split location assignments who are involuntarily transferred out of one of their locations will be asked if they prefer to retain the other part of their assignment or to be treated as a fulltime invol- untary transfer. If the preference is to retain the other part(s) of the assignment, human resources will attempt to find an appropriate match. If an appropriate match cannot be found the employee may be placed in a new full-time position. An employee preferring a new full-time placement is not guaranteed a single location assignment if none is available.
E A unit member may grieve an involuntary transfer that is alleged to be based on arbitrary or capricious reasons. F Unit members being involuntarily transferred will be informed of appropriate vacancies known at the time the transfer decision is made. Unit members will be able to indicate their preference of assignment. Effort will be made to honor the unit member’s geographic preference as indicated on the preference sheet if a vacancy in the teacher’s area of certification is available. G When it becomes necessary for a unit member to transfer because of changes in enrollment or program, the Office of Human Resources and Development will give the transfer of the unit member objects priority in filling known vacancies. H PRIORITY PLACEMENTS
1. Placement of unit members on involuntary transfers and returnees from leave will occur at a SYSTEMWIDE meeting scheduled after the close of the voluntary transfer season and prior to July. Meetings will be organized by school level (one for elementary, one for secondary). Community superintendents, prin- cipals who have vacancies and those who have placed teachers on the involuntary list, appropriate human resources representatives and MCEA will be invited. Except as noted below, the voluntary transfer process will reopen on June 6.
2. In the event that all involuntary placements cannot be made at this the SYSTEMWIDE meeting, upon requestplacements will continue to be made by the Office of Human Resources and Development and the Office of School Support and Improvement in consultation with MCEA. Appropriate notices of any continuing closed fields will be posted on the Web by the Office of Human Resources and Development. The placement process in such fields shall continue until all such placements are completed. At that point, the Superintendent or voluntary transfer process for that field will reopen, and notice of such shall be posted on the Superintendent's designee shall meet with such unit membersWeb.
73. This provision shall Priority placements will be completed prior to any change of a part-time member to full-time or a full-time member to part-time or any new hire is assigned.
4. Priority placements whose initial placement did not meet their preference criteria will notify the Office of Human Resources and Development in no way infringe upon the superintendent’s authority under 6- 201 writing of the Education Article of the Annotated Code of Maryland.their wish to have their folders identified for con- tinued review. These unit members are encouraged to send resumes and cover letters to principals at schools with vacancies that more closely meet their preferences. ARTICLE
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where An Involuntary Transfer will be a transfer of an individual between buildings that an employee has not been requested, . The District recognizes that the Board shall assignment and transfer in accordance with of an employee directly affects the following procedures:
1. Volunteers shall first be sought from that work location from within the present clerical, assistants I employee’s satisfaction and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers.
2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse effectiveness in the affected category for workplace. In the involuntary transfer.
3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit memberspirit of maintaining positions, the Board may skip said unit member and go to the next least senior unit member, when administratively possible.
4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires.
5will take place prior to reassignments. The employer shall make a list of all available vacancies or new positions by clerical, assistant I District will not involuntarily transfer employees for arbitrary and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection.
6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decisioncapricious reasons. In the event that the unit member objects Deer Park School District finds it necessary to involuntarily transfer certificated staff, then the following procedures will be used in the event of changes in enrollment/staffing needs: When determining involuntary transfers, the District will give consideration to the transfer at this meetingemployee’s personal preference and qualifications in the areas of training and experience. Certificated employees will not generally be assigned to areas; outside the employee's certificated/endorsed area(s); areas in which they are required to obtain emergency certification; or, upon requestareas in which the employee has less than two (2) years teaching experience. The number of years since teaching in the assigned area, the number of times the individual has been recently transferred, and the seniority within the district will all be considerations. Written communication from the Superintendent or designee will inform the Association President prior to notification of the affected staff member. Prior to implementing an involuntary transfer, the Superintendent or designee will discuss the Superintendent's designee shall transfer and rationale with affected employee(s) and will consider the employee’s concerns. Affected employee(s) will have the opportunity to present options and alternatives. Except in an emergency, such notice will be given as early as possible but not later than the last regularly scheduled school day. Employees will be provided reasonable assistance in facilitating the move. This assistance may include up to two days per diem pay or three days of substitute coverage at the employee’s discretion. Employees who have been involuntarily transferred will not be evaluated unsatisfactory in the areas of “Knowledge of Subject Matter” or “Professional Preparation and Scholarship” during the first year of their involuntary transfer. An administrator will meet with such unit the individual being involuntarily transferred in order to develop an instructional support plan that may include but is not limited to mentoring, classroom observations, and meetings with department members. Employees involuntarily transferred will be given priority to return to a similar position at the previous site for three years. Refusal to return when an opening occurs terminates the employee’s right to return to the previous position.
7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.
Appears in 1 contract
Samples: Collective Bargaining Agreement