Common use of Merger Processes Clause in Contracts

Merger Processes. Commencement date of staffing merger process and filling of vacancies at that time The staffing merger process in clause 3.9.4 below shall be followed from the date the merger is Gazetted except as provided. Actual vacancies that appear at the school from the Gazetting of the date of merger shall be filled with temporary appointments, except that if curriculum delivery is threatened, the employer may determine, in consultation with the Ministry of Education that any such position may be made permanent, subject to any staffing limitations. Purpose of provisions Including Use of Attrition Where Possible The purpose of these provisions is to: Provide a staffing merger process that facilitates a fair and orderly transition Ensure an appropriate management structure is in place to enable the re-organised school to function efficiently and effectively; Ensure continuity of curriculum delivery at the merging schools prior to merger Ensure that as many teachers as possible currently employed are re- assigned or re-confirmed to positions in the process of merger. Throughout the staffing merger process the employer shall attempt to meet any reduction required by the use of attrition. Ensure the curriculum, management and pastoral needs of the reorganised school are met. Merger Committee to Conduct Staffing Needs Analysis A merger committee will be established to implement the staffing merger process. The merger committee, in consultation with the nominee of the Executive of the Association, shall work to document: an analysis of the current staffing usage at the affected schools; and a teacher/subject analysis. This will include subjects taught at each year level over recent years; and an analysis of the likely curriculum, pastoral, and management positions of the merged school. Preparation of Draft Staffing Schedules Following the staffing needs analysis, draft staffing schedules shall be developed and made available to each teacher, and to the nominee(s) of the Executive of the Association. Unless otherwise agreed, no less than five (5) working days will be provided for comment and feedback to the representative of the employer before any further step is taken. A further three (3) working days will be provided for comment on any alterations to the initial draft staffing schedules. Expressions of Interest in Teaching Positions When the new staffing structure is announced, the employer shall invite all teachers to express a preference (or preferences) in writing, for a teaching position (or positions) at the merged school. Teachers shall have at least 1 calendar week’s notice of the closing date for expressions of interest in the position(s) at the merged school. Voluntary Options Following the publication of the staffing schedules, the employer boards shall seek written expressions of interest in the following voluntary options, as detailed in clause 3.9.7 of this agreement: supernumerary employment of 40 (forty) school weeks at the merged school (see 3.9.7(1)); supernumerary employment of 40 (forty) school weeks in another school (see clause 3.9.7(1); retraining (see 3.9.7(2)); severance (see 3.9.7(3)); long service payment (see 3.9.7(4). Teachers may continue to volunteer for the options without prejudice or withdraw from them at any point in the staffing merger process, providing the employer has not already accepted the offer in writing. The employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final. Re-assignment to Functionally Equivalent Positions If a teacher expresses a preference for a position that is determined to be the functional equivalent of their current position, and they are the only suitably qualified and experienced teacher for that position, they shall be reassigned to that position, subject to the provisions in this clause. Teachers may be reassigned to the teacher’s preferred position or to a position for which they are appropriately qualified and experienced. Where there are more teachers in positions that are functionally equivalent, than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those teachers and shall reassign the most suitable candidate(s) based upon merit. The number of units (or, where applicable, the number of middle management allowances) held by a teacher shall not give a greater or lesser entitlement to a functionally equivalent position at the merged school. A teacher who is reassigned to a position with fewer permanent units shall be reminded of the options available in clause 3.9.4(f). Teachers who are not reassigned to a functionally-equivalent position at the merged school may, subject clause 3.9.4(h), be reconfirmed in a teaching position. Reconfirmation The employer shall reconfirm (as defined in clause 3.9.2 above) employees to suitable positions at the merged school. Reconfirmation may be to a teacher’s preferred position or to a position for which they are appropriately qualified and experienced. Where there are two or more teachers eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit. Teachers who are not reconfirmed in a position in which they have expressed interest at the merged school may be reconfirmed in any vacant teaching position for which they are suitable, or could become suitable with access to re-training. Process Where Positions Remain Unfilled Where positions are created at the merged school that have no direct equivalent in the merging schools, such position(s) shall be advertised nationally in the Education Gazette and existing teachers may apply for them. Selection shall be on merit with no automatic right to such positions. Actual vacancies at the merged school that remain unfilled after the completion of the processes for reconfirmation and reassignment shall be advertised nationally in the Education Gazette. Selection shall be on merit with no automatic right to such positions.

Appears in 3 contracts

Samples: Teachers' Collective Agreement, Teachers' Collective Agreement, Teachers' Collective Agreement

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Merger Processes. Commencement date of staffing merger process and filling of vacancies at that time The staffing merger process in clause 3.9.4 below shall be followed from the date the merger is Gazetted except as provided. Actual vacancies that appear at the school from the Gazetting of the date of merger shall be filled with temporary appointments, except that if curriculum delivery is threatened, the employer may determine, in consultation with the Ministry of Education that any such position may be made permanent, subject to any staffing limitations. Purpose of provisions Including Use of Attrition Where Possible The purpose of these provisions is to: Provide a staffing merger process that facilitates a fair and orderly transition Ensure an appropriate management structure is in place to enable the re-organised school to function efficiently and effectively; Ensure continuity of curriculum delivery at the merging schools prior to merger Ensure that as many teachers as possible currently employed are re- assigned or re-confirmed to positions in the process of merger. Throughout the staffing merger process the employer shall attempt to meet any reduction required by the use of attrition. Ensure the curriculum, management and pastoral needs of the reorganised school are met. Merger Committee to Conduct Staffing Needs Analysis A merger committee will be established to implement the staffing merger process. The merger committee, in consultation with the nominee of the Executive of the Association, shall work to document: an analysis of the current staffing usage at the affected schools; and a teacher/subject analysis. This will include subjects taught at each year level over recent years; and an analysis of the likely curriculum, pastoral, and management positions of the merged school. Preparation of Draft Staffing Schedules Following the staffing needs analysis, draft staffing schedules shall be developed and made available to each teacher, and to the nominee(s) of the Executive of the Association. Unless otherwise agreed, no less than five (5) working days will be provided for comment and feedback to the representative of the employer before any further step is taken. A further three (3) working days will be provided for comment on any alterations to the initial draft staffing schedules. Expressions of Interest in Teaching Positions When the new staffing structure is announced, the employer shall invite all teachers to express a preference (or preferences) in writing, for a teaching position (or positions) at the merged school. Teachers shall have at least 1 calendar week’s notice of the closing date for expressions of interest in the position(s) at the merged school. Voluntary Options Following the publication of the staffing schedules, the employer boards shall seek written expressions of interest in the following voluntary options, as detailed in clause 3.9.7 of this agreement: supernumerary employment of 40 (forty) school weeks at the merged school (see 3.9.7(1)); supernumerary employment of 40 (forty) school weeks in another school (see clause 3.9.7(1); retraining (see 3.9.7(2)); severance (see 3.9.7(3)); long service payment (see 3.9.7(4). Teachers may continue to volunteer for the options without prejudice or withdraw from them at any point in the staffing merger process, providing the employer has not already accepted the offer in writing. The employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final. Re-assignment to Functionally Equivalent Positions If a teacher expresses a preference for a position that is determined to be the functional equivalent of their current position, and they are the only suitably qualified and experienced teacher for that position, they shall be reassigned to that position, subject to the provisions in this clause. Teachers may be reassigned to the teacher’s preferred position or to a position for which they are appropriately qualified and experienced. Where there are more teachers in positions that are functionally equivalent, than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those teachers and shall reassign the most suitable candidate(s) based upon merit. The number of units (or, where applicable, the number of middle management allowances) held by a teacher shall not give a greater or lesser entitlement to a functionally equivalent position at the merged school. A teacher who is reassigned to a position with fewer permanent units shall be reminded of the options available in clause 3.9.4(f). Teachers who are not reassigned to a functionally-equivalent position at the merged school may, subject clause 3.9.4(h), be reconfirmed in a teaching position. Reconfirmation The employer shall reconfirm (as defined in clause 3.9.2 above) employees to suitable positions at the merged school. Reconfirmation may be to a teacher’s preferred position or to a position for which they are appropriately qualified and experienced. Where there are two or more teachers eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit. Teachers who are not reconfirmed in a position in which they have expressed interest at the merged school may be reconfirmed in any vacant teaching position for which they are suitable, or could become suitable with access to re-training. Process Where Positions Remain Unfilled Where positions are created at the merged school that have no direct equivalent in the merging schools, such position(s) shall be advertised nationally in the Education Gazette and existing teachers may apply for them. Selection shall be on merit with no automatic right to such positions. Actual vacancies at the merged school that remain unfilled after the completion of the processes for reconfirmation and reassignment shall be advertised nationally in the Education Gazette. Selection shall be on merit with no automatic right to such positions.

Appears in 1 contract

Samples: Teachers' Collective Agreement

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