Common use of Pre-Employment Clause in Contracts

Pre-Employment. ‌ 1. An employee hired or rehired into the bargaining unit shall initially be placed on day-to-day status pursuant to O.R.C. §3319.10 provided, however, that all such employees shall receive the full contract rights, including rate of pay with placement on the salary schedule and benefits for the time they are on such status. These employees will receive a conditional offer of employment which shall remain intact until all pre-employment procedures, including the criminal history records check have been completed or for ninety (90) working days, whichever comes first, and subject to Board approval. If the pre-employment procedures are not completed after ninety (90) working days, the employee will receive regular contract status. 2. If during the pre-employment procedures occurring during the first ninety (90) working days of employment, the Assistant Superintendent – Human Resources and Operations concludes the employee has misrepresented or falsified any documents or has failed to meet the requirements set forth in Board Policy, the employee shall be released from employment and the conditional offer of employment shall be rescinded. The employee will not be entitled to any termination proceedings under O.R.C. §3319.16 nor to any proceeding under the contract or grievance procedure, except as set forth herein. Prior to release from employment, the District will follow these procedures: a. The District shall use the factors set forth in O.A.C. §3301-20-01 (or such similar provision in the final regulations as adopted by the State Board of Education) in considering whether to release the employee. b. The employee will be entitled to a meeting or meetings for purposes of being informed of the facts and reasons for the decision to release the employee from employment and to provide the employee an opportunity to rebut or explain any alleged falsifications, misrepresentations or failures to fulfill the requirements of Board Policy. c. Prior to any of the aforementioned meetings, the employee shall be given a copy of the FBI or BCI report, or such other documentation that indicates there was a falsification in the application process or a failure to fulfill the requirements of Board Policy. d. The employee shall be informed of his/her right to union representation. 3. If pre-employment criminal history information is received after the first ninety 4. If after the employee has been placed on regular contract status, the Board receives information which reveals a failure to meet the requirements of Board Policy (other than for the reasons set forth in the preceding paragraph), or that the employee may have misrepresented or falsified any documents, that employee’s employment may be subject to termination. If the District determines to initiate employment termination for such reason(s), it shall follow the procedures of O.R.C. §3319.16 and the employee shall be entitled to follow these procedures. 5. The Union will be provided a copy of all executed letters of conditional employment for employees who have begun work within the first week of that employee’s service.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Pre-Employment. 1. An employee hired or rehired into the bargaining unit shall initially be placed on day-to-day status pursuant to O.R.C. §3319.10 provided, however, that all such employees shall receive the full contract rights, including rate of pay with placement on the salary schedule and benefits for the time they are on such status. These employees will receive a conditional offer of employment which shall remain intact until all pre-employment procedures, including the criminal history records check have been completed or for ninety (90) working days, whichever comes first, and subject to Board approval. If the pre-employment procedures are not completed after ninety (90) working days, the employee will receive regular contract status. 2. If during the pre-employment procedures occurring during the first ninety (90) working days of employment, the Assistant Superintendent – Human Resources and Operations concludes the employee has misrepresented or falsified any documents or has failed to meet the requirements set forth in Board Policy, the employee shall be released from employment and the conditional offer of employment shall be rescinded. The employee will not be entitled to any termination proceedings under O.R.C. §3319.16 nor to any proceeding under the contract or grievance procedure, except as set forth herein. Prior to release from employment, the District will follow these procedures: a. The District shall use the factors set forth in O.A.C. §3301-20-01 (D) (or such similar provision in the final regulations as adopted by the State Board of Education) in considering whether to release the employee. b. The employee will be entitled to a meeting or meetings for purposes of being informed of the facts and reasons for the decision to release the employee from employment and to provide the employee an opportunity to rebut or explain any alleged falsifications, misrepresentations or failures to fulfill the requirements of Board Policy. c. Prior to any of the aforementioned meetings, the employee shall be given a copy of the FBI or BCI report, or such other documentation that indicates there was a falsification in the application process or a failure to fulfill the requirements of Board Policy. d. The employee shall be informed of his/her right to union representation. 3. If pre-employment criminal history information is received after the first ninetyninety (90) working days and reveals a failure to fulfill the requirements of O.R.C. 4. If after the employee has been placed on regular contract status, the Board receives information which reveals a failure to meet the requirements of Board Policy (other than for the reasons set forth in the preceding paragraph), or that the employee may have misrepresented or falsified any documents, that employee’s employment may be subject to termination. If the District determines to initiate employment termination for such reason(s), it shall follow the procedures of O.R.C. §3319.16 and the employee shall be entitled to follow these procedures. 5. The Union will be provided a copy of all executed letters of conditional employment for employees who have begun work within the first week of that employee’s service.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Pre-Employment. 1. An employee hired or rehired into the bargaining unit shall initially be placed on day-day- to-day status pursuant to O.R.C. §3319.10 provided, however, that all such employees shall receive the full contract rights, including rate of pay with placement on the salary schedule and benefits for the time they are on such status. These employees will receive a conditional offer of employment which shall remain intact until all pre-employment procedures, including the criminal history records check have been completed or for ninety (90) working days, whichever comes first, and subject to Board approval. If the pre-employment procedures are not completed after ninety (90) working days, the employee will receive regular contract status. 2. If during the pre-employment procedures occurring during the first ninety (90) working days of employment, the Assistant Superintendent – Director of Human Resources and Operations concludes the employee has misrepresented or falsified any documents or has failed to meet the requirements set forth in Board Policy, the employee shall be released from employment and the conditional offer of employment shall be rescinded. The employee will not be entitled to any termination proceedings under O.R.C. §3319.16 nor to any proceeding under the contract or grievance procedure, except as set forth herein. Prior to release from employment, the District will follow these procedures: a. The District shall use the factors set forth in O.A.C. §3301-20-01 (D) (or such similar provision in the final regulations as adopted by the State Board of Education) in considering whether to release the employee. b. The employee will be entitled to a meeting or meetings for purposes of being informed of the facts and reasons for the decision to release the employee from employment and to provide the employee an opportunity to rebut or explain any alleged falsifications, misrepresentations or failures to fulfill the requirements of Board Policy. c. Prior to any of the aforementioned meetings, the employee shall be given a copy of the FBI or BCI report, or such other documentation that indicates there was a falsification in the application process or a failure to fulfill the requirements of Board Policy. d. The employee shall be informed of his/her right to union representation. 3. If pre-employment criminal history information is received after the first ninetyninety (90) working days and reveals a failure to fulfill the requirements of O.R.C. §3319.39, the employee may be subject to being released from employment. Prior to release from employment, the District will follow the procedures set forth in Paragraph 2, subsection a through d above. Further, the employee will not be entitled to any termination proceedings under O.R.C. §3319.16, but may file a grievance under the contractual procedure if the District, after consideration of the factors in O.A.C. §3301-20-01 (D), decides to release the employee from employment whether or not required to do so by the statute. If the grievance is taken to arbitration under this paragraph, the arbitrator may sustain a grievance only upon a finding that the District acted in an arbitrary or unreasonable manner in reaching its decision. 4. If after the employee has been placed on regular contract status, the Board receives information which reveals a failure to meet the requirements of Board Policy (other than for the reasons set forth in the preceding paragraph), or that the employee may have misrepresented or falsified any documents, that employee’s employment may be subject to termination. If the District determines to initiate employment termination for such reason(s), it shall follow the procedures of O.R.C. §3319.16 and the employee shall be entitled to follow these procedures. 5. The Union will be provided a copy of all executed letters of conditional employment for employees who have begun work within the first week of that employee’s service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Pre-Employment. 1. An employee hired or rehired into the bargaining unit shall initially be placed on day-to-day status pursuant to O.R.C. §3319.10 provided, however, that all such employees shall receive the full contract rights, including rate of pay with placement on the salary schedule and benefits for the time they are on such status. These employees will receive a conditional offer of employment which shall remain intact until all pre-employment procedures, including the criminal history records check have been completed or for ninety (90) working days, whichever comes first, and subject to Board approval. If the pre-employment procedures are not completed after ninety (90) working days, the employee will receive regular contract status. 2. If during the pre-employment procedures occurring during the first ninety (90) working days of employment, the Assistant Superintendent – Director of Human Resources and Operations concludes the employee has misrepresented or falsified any documents or has failed to meet the requirements set forth in Board Policy, the employee shall be released from employment and the conditional offer of employment shall be rescinded. The employee will not be entitled to any termination proceedings under O.R.C. §3319.16 nor to any proceeding under the contract or grievance procedure, except as set forth herein. Prior to release from employment, the District will follow these procedures: a. The District shall use the factors set forth in O.A.C. §3301-20-01 (D) (or such similar provision in the final regulations as adopted by the State Board of Education) in considering whether to release the employee. b. The employee will be entitled to a meeting or meetings for purposes of being informed of the facts and reasons for the decision to release the employee from employment and to provide the employee an opportunity to rebut or explain any alleged falsifications, misrepresentations or failures to fulfill the requirements of Board Policy. c. Prior to any of the aforementioned meetings, the employee shall be given a copy of the FBI or BCI report, or such other documentation that indicates there was a falsification in the application process or a failure to fulfill the requirements of Board Policy. d. The employee shall be informed of his/her right to union representation. 3. If pre-employment criminal history information is received after the first ninetyninety (90) working days and reveals a failure to fulfill the requirements of O.R.C. §3319.39, the employee may be subject to being released from employment. Prior to release from employment, the District will follow the procedures set forth in Paragraph 2, subsection a through d above. Further, the employee will not be entitled to any termination proceedings under O.R.C. §3319.16, but may file a grievance under the contractual procedure if the District, after consideration of the factors in O.A.C. §3301-20-01 (D), decides to release the employee from employment whether or not required to do so by the statute. If the grievance is taken to arbitration under this paragraph, the arbitrator may sustain a grievance only upon a finding that the District acted in an arbitrary or unreasonable manner in reaching its decision. 4. If after the employee has been placed on regular contract status, the Board receives information which reveals a failure to meet the requirements of Board Policy (other than for the reasons set forth in the preceding paragraph), or that the employee may have misrepresented or falsified any documents, that employee’s employment may be subject to termination. If the District determines to initiate employment termination for such reason(s), it shall follow the procedures of O.R.C. §3319.16 and the employee shall be entitled to follow these procedures. 5. The Union will be provided a copy of all executed letters of conditional employment for employees who have begun work within the first week of that employee’s service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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