Involuntary Transfers. a. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article. b. A teacher who is to be involuntarily transferred shall be given the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences. c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons. d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer. e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s). f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher. g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. a. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred shall be given the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. a. The District Administration may seek modify or change the teaching assignment given to a teacher as any such change may be necessitated by staffing, enrollment, or other changes in conditions prevailing at the time of the initial decision. Involuntary transfers are transfers without a written request from the teacher, which result in relocating the teacher to another building, reassigning a teacher which results in changing the teacher’s immediate supervisor, or in reassigning grade level or subject area to a particular teacher. The Board of Education agrees that prior to any vacancy being posted due to an involuntary transfer, the Union and the individual being transferred, will be notified simultaneously of such transfer in person. Prior to affecting an involuntary transfer, the administration shall solicit volunteers. Nothing in this provision shall be deemed to require the administration from accepting any volunteer or volunteers. If volunteers before involuntarily transferring a unit member are not accepted for the position, reasons for being denied will be provided in writing. Upon deciding the need of the involuntary transfer, the administration shall attempt to fill a vacancy unless such unit member notify the teacher as soon as possible. In the event that an involuntary transfer is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A necessary, the Superintendent will meet with the teacher who is to be transferred and inform the teacher of said reasons, in writing, prior to the effective date of the transfer. The Superintendent’s decision may be appealed to the School Board and the Board may or may not change the decision. Nothing in this section shall prevent a teacher from having representation at any meeting with the administration or the Board of Education. Teachers involuntarily transferred shall be given the reasons reasonable support and assistance in writing, if requested, order to prepare for the impending transfernew assignments. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer Teachers shall not result in be responsible for the loss physical relocation of compensation, seniority, or any fringe benefit to a teacher.
g. teaching material required because of change of assignment and/or location. If a teacher is moved, the Superintendent will provide reasonable support to assist in the move. This may include hiring a substitute, mover, etc. Upon a teacher’s written request, any teacher involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before from the actual transfer takes place up to a maximum of ten (10) working dayscontract.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. a. Involuntary transfers shall be made following meetings with the teacher, an Association representative (if requested by the teacher), the principal, and the superintendent. Possible reasons for involuntary transfers may include the following: a change in the number of students which requires a change in the number of teachers per grade level or subject, elimination of program(s), or a more appropriate teaching assignment. If the transfer is for reasons other than class size or program changes, the need for the transfer will have been documented and have been discussed previously with the employee. If a transfer becomes necessary, whenever possible the district shall actively seek volunteers prior to making any involuntary transfer. If an involuntary transfer is still necessary, the teacher with the least building seniority shall be transferred from the pool of equally qualified candidates. If there is a tie in building seniority, district-wide seniority shall be used as a tie- breaker. For “seniority,” years shall be measured using the rules applicable to the salary schedule. Prior to any involuntary transfer, the District shall meet with Association representatives to review the relevant circumstances and those employees who have been identified as equally-qualified candidates, and to explore any alternatives proposed by the Association. The District may seek volunteers before involuntarily transferring shall provide a unit member to fill a vacancy unless such unit member is being building seniority list at this meeting. Teachers who are transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred during the school year shall be given allowed release time for preparation prior to the reasons in writing, if requested, for effective date of the impending transfer. The District shall provide assistance in the moving of the teacher’s materials whenever a teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performanceis transferred. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensationbe initiated for reasons that are punitive, seniorityarbitrary, capricious, or any fringe benefit to a teachernot based on fact.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. a. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred shall be given the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. a. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred shall be given the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollmentfor any of the following reasons, school closure and openingsincluding, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In to, a non-evaluation yeardecrease 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 after subject matter, or a written evaluation has been given change or increase in qualifications necessary at a site or in a program (e.g., the worksite requires a certain qualification, such as 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 an evaluation year, other substantive documentation may be used to justify arbitrary and capricious manner.
8.6.2.2 If an involuntary transfer becomes necessary, the site administrator or the District will first request volunteers to improve performancemeet the need(s) for involuntary transfer(s). No unit member shall Thereafter, the needs will be involuntarily transferred 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 arbitrary, capricious or discriminatory reasons.
d. Written notice of 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 being involuntarily transferred will list his/her preferences from the list of the available vacant positions. Every effort will be made for said member to be placed in one of his/her top three preferences, so long as the possess the certifications and qualifications, and specific reasons when requested otherwise meets the requirements of the position. All involuntarily transferred Members will be placed by the unit member, shall District in vacant positions prior to opening positions to voluntary transfer and outside candidates.
8.6.2.4 A Member who is involuntarily transferred will be given priority consideration for an interview for a transfer to 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 start of the school year will be permitted, upon reasonable request, one to three days of preparation time for the transfer to the unit member during a conference new site, with the originator consent of said change prior to implementation the ASHR or designee. The number of days granted will depend upon the difficulty of preparation for the new assignment.
8.6.2.7 Upon request, an involuntarily transferred Member will be given written notice of the 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 transfertransfer by May 1 or as soon as reasonably practicable after the needs of the District have been ascertained. A minimum of five (5) days notice 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 closed, then Members at that school shall be provided treated as involuntary transfers, and shall be accorded the transfer rights given to involuntary transfers to the unit member prior to implementation of such transferextent reasonably practicable.
e. Unit member(s) involuntary transferred may be placed in open positions comparable 8.6.2.9 The District will provide boxes as possible needed to move District- owned property to the previously held position(s).
f. An involuntary transfer shall not result in Member’s new site. The District will, to the loss of compensationextent feasible, seniority, or any fringe benefit move District-owned property to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she the Member’s new site. Personal items intermixed with District-owned property shall be given released time for lesson preparation before moved by the actual transfer takes place up to a maximum of ten (10) working daysDistrict at the Member’s own risk.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. An involuntary transfer is defined as when the District initiates a change in teaching assignment or reassigns the member from one building to another and the member does not agree with the change in assignment.
1. In infrequent cases, involuntary transfers shall be made at the recommendation of the principal if authorized by the Superintendent. All such involuntary transfers shall be discussed with the Association President prior to final placement.
2. With the exception of those infrequent involuntary transfers initiated by the principal and authorized by the Superintendent, the process for involuntary transfers shall be determined as follows:
a. The District may seek Volunteers shall first be requested and considered from among the staff members. Such volunteers before involuntarily transferring a unit member shall be selected for transfer if they possess the appropriate endorsement where the positions are to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c be filled. If there are more volunteers than positions, volunteers shall be interviewed and selected by the principal of this articlethe receiving school.
b. A teacher In the absence of volunteers with the appropriate endorsement, the member with the least seniority who is to possesses the appropriate endorsement shall generally be involuntarily transferred transferred.
c. In all cases where members share the same hire date, seniority shall be given determined by drawing lots. However, the member selected must be properly endorsed for the new assignment.
3. An involuntary transfer to another building shall be made after a meeting with the member, the immediate supervisor, and the new supervisor, at which time the member shall be notified of the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred member shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferencesappeal to the Superintendent.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within 4. If a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall must be involuntarily transferred because of overstaffing in a grade or department, the preference of the member for arbitrary, capricious or discriminatory reasonsany open position shall be considered.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, 5. The Association shall be given to the unit notified when a member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working daystransferred.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Involuntary Transfers. a. The An involuntary transfer of an employee is one instituted by the District. Involuntary transfers may occur at any time at the discretion of the District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance only after the approval of the Chief of Police or his designee. Involuntary transfers will not be made solely for disciplinary reasons. Routine transfers made pursuant to section 6c Section 2.2 below or which are made in circumstances including, but not limited to, the following are deemed to not be for disciplinary reasons: Transfers due to rotation of this articlepersonnel, assignments to vacancies created by other voluntary or involuntary transfers, assignments to vacancies created by leaves or separations from the District, and assignment to a different location following return from leave, and transfers to or from a school designated as a “low performing school”.
b. A teacher 2.1 Any employee who is to be involuntarily transferred shall be given entitled to a statement of the reasons in writing, if requested, reason(s) for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a upon written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given request to the unit member during a conference with the originator Chief of said change prior to implementation of the involuntary transfer. A minimum of Police made within five (5) days notice shall be provided to of the unit member prior to implementation effective date of such the transfer.
e. Unit member(s2.2 No employee shall be involuntarily transferred based upon a recommendation of an appropriate site administrator unless the following procedures are followed: The reason(s) involuntary transferred may for the appropriate site administrator's recommendation must be placed presented in open positions comparable as possible writing to the previously held position(s).
f. An involuntary employee's immediate supervisor who shall present a copy of the written reason(s) to the involved employee. If the employee is not satisfied with the reason(s) set forth, the employee may request a consultation with the appropriate site administrator and the employee's immediate supervisor, or in appropriate cases the Deputy Chief of Police, during which consultation the reason(s) for the recommended transfer shall not result in be explained to the loss of compensation, seniority, employee and the employee's views on the matter considered. The District will use its best efforts to make any transfer pursuant to this Section 2.2 within the same geographic administrative region or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she geographically adjacent region. An employee shall be given released time at least seven (7) calendar days’ advance written notice of an involuntary transfer by the Deputy Chief of Police or designee. Reassignment to the School Police Department Central Office for lesson preparation before a period of two (2) weeks or less shall not be considered a transfer.
2.3 Except for involuntary transfers which are claimed to be solely for disciplinary reasons as described above, and which are subject to the actual transfer takes place up to a maximum grievance and arbitration provisions of ten (10) working daysArticle V, the decision of the Chief of the Police or his/her designee shall be final in all involuntary transfers.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. a. The Involuntary transfers shall be made in the best interest of the District's education program. When involuntary transfers are necessary, an employee shall not be assigned to a position for which they are not qualified. Employees transferred involuntarily shall be given first consideration for openings in other buildings. An employee shall not suffer a loss of wages, fringe benefits, or other rights as guaranteed by this Agreement. In the event that an involuntary transfer is deemed necessary due to adjustments in student enrollment, the 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 new building. Employees who have been involuntarily transferred may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher attend curriculum training at new hire orientations and be compensated at the Appendix B rate. Employees who is volunteer to be involuntarily transferred under the paragraph above shall be given the reasons in writing, if requested, eligible for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacanciesassistance, if more than one vacancy exists. The Superintendent or designee may honor such preferencesextended contract and/or release time in this paragraph.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. An involuntary transfer shall mean any change from the teaching assignment, e.g. reduction in staff at a particular grade level or subject area, certification/subject, building and/or grade level, etc., without the change being requested by the teacher. If transfers become necessary, the following process shall govern:
a. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member Qualified volunteers, when appropriate, shall be considered first where it is being transferred deemed essential to improve his/her performance pursuant to section 6c the educational program by effecting an involuntary transfer. In the event of this articlemultiple volunteers, the most senior employee (years of service within the District) shall be chosen.
b. A teacher who is to be involuntarily transferred Notice of involuntary transfer shall be given to the reasons in writing, if requested, for affected employee at the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferencesearliest possible opportunity.
c. An involuntary transfer may or reassignment shall be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or made only after a written evaluation has been given in an evaluation yearmeeting between the employee involved and the building principal and/or Human Resources, other substantive documentation may at which time the employee shall be used notified of the reasons thereof.
d. In order to justify adequately prepare for new teaching responsibilities as a result of an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, that takes place between three weeks preceding the first student day and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation last student day of the involuntary transferschool year, up to two (2) unassigned District request days will be granted, so long as those days are not at the beginning of any grading period or at the end of any period of break. A minimum The transferring employee can earn one additional unassigned District request day for moving activities done outside of five (5) days notice shall be provided to the unit member prior to implementation of such transferregular school day if requested in advance.
e. Unit member(s) involuntary The transferred employee will have first claim for a position subsequently becoming vacant in the subject area or grade level from which the employee was transferred. This option to return to the employee’s previous position may be placed in open positions comparable as possible to exercised until the previously held position(s)first day of school.
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. a. An involuntary transfer is defined as the unilateral transfer of an employee from one building site to another. Involuntary transfers shall be made following meetings with the teacher, an Association representative (if requested by the teacher), the principal, and the superintendent. Possible reasons for involuntary transfers may include the following: a change in the number of students which requires a change in the number of teachers per grade level or subject, elimination of program(s), or a more appropriate teaching assignment. If the transfer is for reasons other than class size or program changes, the need for the transfer will have been documented and have been discussed previously with the employee. If a transfer becomes necessary, whenever possible the district shall actively seek volunteers prior to making any involuntary transfer. If an involuntary transfer is still necessary, the teacher with the least building seniority shall be transferred from the pool of equally qualified candidates. If there is a tie in building seniority, district-wide seniority shall be used as a tie-breaker. For “seniority,” years shall be measured using the rules applicable to the salary schedule. Prior to any involuntary transfer, the District shall meet with Association representatives to review the relevant circumstances and those employees who have been identified as equally-qualified candidates, and to explore any alternatives proposed by the Association. The District may seek volunteers before involuntarily transferring shall provide a unit member to fill a vacancy unless such unit member is being building seniority list at this meeting. Teachers who are transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred during the school year shall be given allowed release time for preparation prior to the reasons in writing, if requested, for effective date of the impending transfer. The District shall provide assistance in the moving of the teacher’s materials whenever a teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performanceis transferred. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensationbe initiated for reasons that are punitive, seniorityarbitrary, capricious, or any fringe benefit to a teachernot based on fact.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. a. Involuntary transfers shall be made following meetings with the teacher, an Association representative (if requested by the teacher), the principal, and the superintendent. Possible reasons for involuntary transfers may include the following: a change in the number of students which requires a change in the number of teachers per grade level or subject, elimination of program(s), or a more appropriate teaching assignment. If the transfer is for reasons other than class size or program changes, the need for the transfer will have been documented and have been discussed previously with the employee. If a transfer becomes necessary, whenever possible the district shall actively seek volunteers prior to making any involuntary transfer. If an involuntary transfer is still necessary, the teacher with the least building seniority shall be transferred from the pool of equally qualified candidates. If there is a tie in building seniority, district-wide seniority shall be used as a tie-breaker. For “seniority,” years shall be measured using the rules applicable to the salary schedule. Prior to any involuntary transfer, the District shall meet with Association representatives to review the relevant circumstances and those employees who have been identified as equally-qualified candidates, and to explore any alternatives proposed by the Association. The District may seek volunteers before involuntarily transferring shall provide a unit member to fill a vacancy unless such unit member is being building seniority list at this meeting. Teachers who are transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred during the school year shall be given allowed release time for preparation prior to the reasons in writing, if requested, for effective date of the impending transfer. The District shall provide assistance in the moving of the teacher’s materials whenever a teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performanceis transferred. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensationbe initiated for reasons that are punitive, seniorityarbitrary, capricious, or any fringe benefit to a teachernot based on fact.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. a. The District may seek volunteers before involuntarily transferring a unit member 1. Should involuntary transfers become necessary, among other facts, length of service in the county, certifications, and major and minor fields of study shall be the determining factors as to fill a vacancy unless such unit member is being transferred which teachers shall be transferred. MEA shall be consulted prior to improve his/her performance pursuant to section 6c and at every step of this articlethe involuntary procedure.
b. A 2. Volunteers to transfer shall be requested prior to assigning an involuntary transfer. Each teacher who is in the affected school will be notified of the positions to be involuntarily transferred and given a list of the open vacancies and a form to designate transfer positions in which they may be interested. Teachers wishing to be considered for transfer shall be given return the reasons in writing, if requested, for form as directed on the impending transferform within the time deadlines stated on the form.
3. The teacher to be involuntarily transferred with most seniority within the area of certification shall have the right first option to indicate preference from stay in a list position, or transfer, with such option extended to all teachers on a diminishing basis until one elects to transfer or until such time as the teacher with the least amount of vacanciesseniority is required to transfer.
4. A written notice of involuntary transfers will be made at least five days in advance of the date of transfer. Upon request the MEA shall be provided the rationale leading to the proposed involuntary transfer(s).
5. Involuntary transfers shall be made only after a meeting between the teacher(s) involved and the Superintendent or his designee, if more than one vacancy existsat which time the teacher(s) shall be notified of the reasons for the transfer(s). The Superintendent or designee may honor such preferencesshall recommend to the Board all transfers of personnel.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements6. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be Teachers involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice reassigned after school begins shall be provided at least one (1) released day to be utilized in preparation of the unit member prior to implementation of such transfernew assignment.
e. Unit member(s) involuntary transferred may be placed 7. It is understood that nothing in open positions comparable as possible this section shall limit the right of the Superintendent to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice for disciplinary reasons or the right of the teacher to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working daysdue process.
Appears in 1 contract
Samples: Master Contract
Involuntary Transfers. a. The An involuntary transfer of an employee is one instituted by the District. Involuntary transfers may occur at any time at the discretion of the District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance only after the approval of the Chief of Police or his designee. Involuntary transfers will not be made solely for disciplinary reasons. Routine transfers made pursuant to section 6c Section 2.2 below or which are made in circumstances including, but not limited to, the following are deemed to not be for disciplinary reasons: Transfers due to rotation of this articlepersonnel, assignments to vacancies created by other voluntary or involuntary transfers, assignments to vacancies created by leaves or separations from the District, and assignment to a different location following return from leave, and transfers to or from a school designated as a “low performing school”.
b. A teacher 2.1 Any employee who is to be involuntarily transferred shall be given entitled to a statement of the reasons in writing, if requested, reason(s) for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a upon written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given request to the unit member during a conference with the originator Chief of said change prior to implementation of the involuntary transfer. A minimum of Police made within five (5) days notice shall be provided to of the unit member prior to implementation effective date of such the transfer.
e. Unit member(s2.2 No employee shall be involuntarily transferred based upon a recommendation of an appropriate site administrator unless the following procedures are followed: The reason(s) involuntary transferred may for the appropriate site administrator's recommendation must be placed presented in open positions comparable as possible writing to the previously held position(s).
f. An involuntary employee's immediate supervisor who shall present a copy of the written reason(s) to the involved employee. If the employee is not satisfied with the reason(s) set forth, the employee may request a consultation with the appropriate site administrator and the employee's immediate supervisor, or in appropriate cases the Assistant Deputy Chief of Police, during which consultation the reason(s) for the recommended transfer shall not result in be explained to the loss of compensation, seniority, employee and the employee's views on the matter considered. The District will use its best efforts to make any transfer pursuant to this Section 2.2 within the same geographic administrative region or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she geographically adjacent region. An employee shall be given released time at least seven (7) calendar days’ advance written notice of an involuntary transfer by the Assistant Deputy Chief of Police or designee. Reassignment to the School Police Department Central Office for lesson preparation before a period of two (2) weeks or less shall not be considered a transfer.
2.3 Except for involuntary transfers which are claimed to be solely for disciplinary reasons as described above, and which are subject to the actual transfer takes place up to a maximum grievance and arbitration provisions of ten (10) working daysArticle V, the decision of the Director Chief of the Police and Administrative Services or his/her designee shall be final in all involuntary transfers.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Involuntary Transfers. a. An involuntary transfer is defined as the unilateral undesirable transferring of an employee from one building site to another. Involuntary transfers shall be made following meetings with the teacher, an Association representative (if requested by the teacher), the principal, and the superintendent. Possible reasons for involuntary transfers may include the following: a change in the number of students which requires a change in the numbers of teachers per grade level or subject, elimination of program(s), or a more appropriate teaching assignment. If the transfer is for reasons other than class size or program change, the need for the transfer will have been documented and have been discussed previously with the employee. If a transfer becomes necessary, whenever possible the district shall actively seek volunteers prior to making any involuntary transfer. If an involuntary transfer is still necessary, the teacher with the least building seniority shall be transferred from the pool of equally qualified candidates. If there is a tie in building seniority, district-wide seniority shall be used as a tie-breaker. For “seniority” years shall be measured using the rules applicable to the salary schedule. Prior to any involuntary transfer, the District shall meet with Association representatives to review the relevant circumstances and those employees who have been identified as equally-qualified candidates, and to explore any alternatives proposed by the Association. The District may seek volunteers before involuntarily transferring shall provide a unit member to fill a vacancy unless such unit member is being building seniority list at this meeting. Teachers who are transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred during the school year shall be given allowed release time for preparation prior to the reasons in writing, if requested, for effective date of the impending transfer. The District shall provide assistance in the moving of the teacher’s materials whenever a teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performanceis transferred. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensationbe initiated for reasons that are punitive, seniorityarbitrary, capricious, or any fringe benefit to a teachernot based on fact.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Appears in 1 contract
Samples: Tentative Agreement