Common use of Re-employment Rights Clause in Contracts

Re-employment Rights. (1) Re-employment of Faculty Members on layoff status will be administered by the College in accordance with the then-applicable provisions of the Education Code. (2) Faculty Members on layoff who wish to be re-employed shall keep Human Resources apprised in writing of their current mailing addresses and telephone numbers, and of any changes in their qualifications. (3) When actual vacancies occur in any Faculty Service Area, the District shall notify, in seniority order, the laid-off Faculty Member(s) in such Faculty Service Area. This notice shall be sent by certified mail to the Faculty Member's current mailing address on file with Human Resources forty-five (45) days before the contemplated first day of re- employment of the Faculty Member or immediately upon the District learning of such vacancy if within forty-five (45) days of the course/assignment beginning date. The notified Faculty member shall notify the District in writing of his/her acceptance or rejection within ten (10) days of mailing by the District. Failure to do so shall mean the Faculty Member has waived his/her reappointment right to the vacancy stated in the notice from the District. Such Faculty Member shall retain the Faculty Member's seniority position on that Faculty Service Area list for the period of time provided by the Education Code. (4) As to any Faculty Member who is re-employed, the period of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance with the applicable provision of the Education Code, including the requirement of four (4) years' active service for eligibility to move from a contract position to a regular position. (5) All partially or completely laid-off Faculty Members, upon any partial reinstatement, shall be paid the pro-rata salary equivalent to their step and column placement on the permanent salary schedule at the time of their layoff.

Re-employment Rights. (1) Re-employment of Faculty Members on layoff status will be administered by the College in accordance with the then-applicable provisions of the Education Code. (2) Faculty Members on layoff who wish to be re-employed shall keep Human Resources apprised in writing of their current mailing addresses and telephone numbers, and of any changes in their qualifications. (3) When actual vacancies occur in any Faculty Service Area, the District shall notify, in seniority order, the laid-off Faculty Member(s) in such Faculty Service Area. This notice shall be sent by certified mail to the Faculty Member's current mailing address on file with Human Resources forty-five (45) days before the contemplated first day of re- re-employment of the Faculty Member or immediately upon the District learning of such vacancy if within forty-five (45) days of the course/assignment beginning date. The notified Faculty member shall notify the District in writing of his/her acceptance or rejection within ten (10) days of mailing by the District. Failure to do so shall mean the Faculty Member has waived his/her reappointment right to the vacancy stated in the notice from the District. Such Faculty Member shall retain the Faculty Member's seniority position on that Faculty Service Area list for the period of time provided by the Education Code. (4) As to any Faculty Member who is re-employed, the period of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance with the applicable provision of the Education Code, including the requirement of four (4) years' active service for eligibility to move from a contract position to a regular position. (5) All partially or completely laid-off Faculty Members, upon any partial reinstatement, shall be paid the pro-rata salary equivalent to their step and column placement on the permanent salary schedule at the time of their layoff.

Re-employment Rights. (1) ReLaid off persons are eligible for re-employment in the class from which laid off for a thirty-nine (39) month period and shall be re-employed in the reverse order of Faculty Members layoff. An employee on layoff status will a re-employment list may decline three (3) offers of re-employment in the former class. After the third refusal no additional offers need be administered by made and the College employee shall be considered unavailable until the employee indicates otherwise in accordance with writing. Regardless of how many refusals no employee may be removed from the thenlist until the 39-applicable provisions month period expires or they are re-employed. In addition, they shall have the right to apply for promotional positions within the filing period specified in the Job Vacancy Article of this Agreement for a period of thirty-nine (39) months following layoff. Laid off employees do not accumulate seniority credit while on re-employment lists. An employee who is a member of the Education Code. (2) Faculty Members on bargaining unit who has accepted demotion in lieu of layoff who wish has the right to be re-employed shall keep Human Resources apprised in writing of their current mailing addresses and telephone numbers, and of any changes in their qualifications. (3) When actual vacancies occur in any Faculty Service Area, the District shall notify, in seniority order, the laid-off Faculty Member(s) in such Faculty Service Area. This notice shall be sent by certified mail to the Faculty Member's current mailing address on file with Human Resources forty-five (45) days before the contemplated first day of re- employment of the Faculty Member or immediately upon the District learning of such vacancy if within forty-five (45) days of the course/assignment beginning date. The notified Faculty member shall notify the District in writing of his/her acceptance or rejection within ten (10) days of mailing by the District. Failure to do so shall mean the Faculty Member has waived his/her reappointment right to the vacancy stated in the notice from the District. Such Faculty Member shall retain the Faculty Member's seniority position on that Faculty Service Area list for the period of time provided by the Education Code. (4) As to any Faculty Member who is re-employed, the period of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance with his seniority, in a vacant position in the applicable provision former class within thirty-nine (39) months after demotion. Intervening reassignments to other classes shall not nullify that right. Employees who are members of the Education Code, including bargaining unit who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned shall be granted the requirement same rights as persons laid off and shall retain eligibility to be considered for re-employment for an additional period of up to twenty-four (424) years' active service months; provided, that the same tests of fitness under which they qualified for appointment to the class shall still apply. The District shall make the determination of the specific period of eligibility to move from for re-employment on a contract position class-by-class basis. Employees who are members of the bargaining unit who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a regular position. position in their former class or to positions with increased assigned time as vacancies become available, for an additional eighteen (518) All partially or completely laidmonths, but if there is a valid re-off Faculty Members, upon any partial reinstatement, employment list they shall be paid the pro-rata salary equivalent to ranked on that list in accordance with their step and column placement on the permanent salary schedule at the time of their layoffproper seniority.

Re-employment Rights. A. The names of bargaining unit employees laid-off or reduced in hours shall be placed on a thirty-nine month (139-month) Rere- employment list. Names on the re-employment list shall occur in the reverse order of Faculty Members on layoff status will be administered by the College in accordance with the then-applicable provisions of the Education Code. (2) Faculty Members on layoff who wish to layoff. Bargaining unit employees shall be re-employed in vacant positions in classifications within which the bargaining unit employee has seniority in preference to new applicants provided the bargaining unit employee meets the qualifications of the vacant position. Laid off bargaining unit members do not accumulate seniority credit while on re-employment list(s). B. A permanent or probationary employee who has been laid off from his/her classification and has exercised his/her bumping rights may accept a voluntary demotion to a vacant position in a lower classification or placement in an equal classification, in lieu of layoff, provided that the employee is qualified to perform the duties thereof and provided further that the District agrees to such reassignment. The determination of whether or not the employee is qualified to perform the duties of a classification not previously held is vested solely with the District. C. Bargaining unit employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall keep Human Resources apprised be returned to a position in their former classification or to positions with increased assigned time, respectively, as vacancies become available. Unit members who take voluntary reductions in assigned time or voluntary demotions in lieu of layoff shall be retained on the thirty-nine (39) month re-employment list for an additional twenty-four (24) months for a total of sixty-three (63) months. D. The District shall offer employment in writing to employees on the re-employment list at their last known address and provide such members with five (5) workdays from the receipt of their current mailing addresses and telephone numbers, and the offer by the member in which to contact the District accepting or rejecting the offer. In the absence of any changes in their qualifications. (3) When actual vacancies occur in any Faculty Service Areaa response accepting the offer, the District shall notify, offer the position to the next senior employee on the re-employment list. This will constitute an offer of employment in seniority order, the all cases. E. The laid-off Faculty Member(s) in such Faculty Service Area. This notice shall be sent by certified mail to the Faculty Member's current mailing address on file with Human Resources forty-five (45) days before the contemplated first day of re- employment of the Faculty Member or immediately upon the District learning of such vacancy if within forty-five (45) days of the course/assignment beginning date. The notified Faculty member shall notify the District in writing of bargaining unit employee will relinquish his/her acceptance or rejection within ten (10) position on the list and be considered to have voluntarily resigned after declining two offers of employment in the same classification at the same number of hours per day and days per year as the assignment of mailing by the District. Failure to do so shall mean the Faculty Member has waived his/her reappointment right bargaining unit employee prior to the vacancy stated in the notice from the District. Such Faculty Member shall retain the Faculty Member's seniority position on that Faculty Service Area list for the period of time provided by the Education Code. (4) As to any Faculty Member who is re-employed, the period of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance with the applicable provision of the Education Code, including the requirement of four (4) years' active service for eligibility to move from a contract position to a regular position. (5) All partially or completely laid-off Faculty Members, upon any partial reinstatement, shall be paid the pro-rata salary equivalent to their step and column placement on the permanent salary schedule at the time of their layoff.

Re-employment Rights. (1) ReA. Laid off employees shall be entitled to re-employment rights as provided by law which shall include notification of Faculty Members on layoff status will be administered by available positions in any classification in which the College in accordance with the then-applicable provisions of the Education Codelaid off employee previously held permanency. (2) Faculty Members on layoff who wish to B. Laid off employees shall be notified of possible re-employed shall keep Human Resources apprised in writing of their current mailing addresses and telephone numbers, and of any changes in their qualifications. (3) When actual vacancies occur in any Faculty Service Area, the District shall notify, in seniority order, the laid-off Faculty Member(s) in such Faculty Service Area. This notice shall be sent employment by certified mail mail, return receipt requested, to the Faculty Member's current mailing employee or former employee’s last known address on file with Human Resources forty-five (45) days before the contemplated first day of re- employment of District. It shall be the Faculty Member employee or immediately upon former employee’s duty to keep the District learning advised, in writing, of such vacancy if within forty-five current contact information. C. The laid off employee shall have ten (4510) days workdays from date of the course/assignment beginning date. The notified Faculty member shall postmark to notify the District in writing of his/her acceptance or rejection acceptance. Failure to respond in writing within the ten (10) days workdays shall be considered a waiver of mailing by the Districtright to the vacancy. Failure Any laid off employee accepting an offer of employment shall report for work on the first assigned work date. D. Any laid off employee who accepts an offer of re-employment in writing and fails to do so appear for work at the time agreed shall mean receive no further re-employment offers unless he/she notifies the Faculty Member has waived District of his/her reappointment right availability in writing. E. When a laid off employee declines three (3) offers of re-employment or fails to respond to two (2) such offers, no additional offers need to be made. F. Once a position has been designated as vacant in a given classification, the following placement process shall be followed in order: 1. In order of seniority, the position shall be offered to members in the same classification as the vacant positions, who are not whole due to the vacancy stated layoff. 2. In order of seniority, the position shall be offered to laid off members in the notice from the Districtsame classification. 3. Such Faculty Member shall retain the Faculty Member's seniority position on that Faculty Service Area list After lateral transfers have been granted where applicable, any unit member may apply for the period of time provided by the Education Codeposition including those who are laid off from other classifications. (4) As to any Faculty Member who . If the vacant position is re-employedstill available, it shall follow the period hiring process found in Article 7. G. Service Retirement in lieu of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance layoff: consistent with the applicable provision provisions of the Education Code, including Code laid off employees accepting retirement shall have the requirement benefit of four (4) years' active service for eligibility to move from a contract position to a regular positionre- employment in an appropriate vacancy. (5) All partially or completely laidH. Upon re-off Faculty Membersemployment, upon any partial reinstatement, the employee’s seniority shall be paid reinstated at the pro-rata salary equivalent to their step and column placement on the permanent salary schedule at original hire date as of the time of their layofflayoff and be placed at the same range and step as laid off if re-employed within the same classification.

Re-employment Rights. (1) ReLaid off persons are eligible for re-employment in the class from which laid off for a thirty-nine (39) month period and shall be re-employed in the reverse order of Faculty Members layoff. An employee on layoff status will a re-employment list may decline three (3) offers of re- employment in the former class. After the third refusal no additional offers need be administered by made and the College employee shall be considered unavailable until the employee indicates otherwise in accordance with writing. Regardless of how many refusals no employee may be removed from the thenlist until the 39-applicable provisions month period expires or they are re-employed. In addition, they shall have the right to apply for promotional positions within the filing period specified in the Job Vacancy Article of this Agreement for a period of thirty- nine (39) months following layoff. Laid off employees do not accumulate seniority credit while on re- employment lists. An employee who is a member of the Education Code. (2) Faculty Members on bargaining unit who has accepted demotion in lieu of layoff who wish has the right to be re-employed shall keep Human Resources apprised in writing of their current mailing addresses and telephone numbers, and of any changes in their qualifications. (3) When actual vacancies occur in any Faculty Service Area, the District shall notify, in seniority order, the laid-off Faculty Member(s) in such Faculty Service Area. This notice shall be sent by certified mail to the Faculty Member's current mailing address on file with Human Resources forty-five (45) days before the contemplated first day of re- employment of the Faculty Member or immediately upon the District learning of such vacancy if within forty-five (45) days of the course/assignment beginning date. The notified Faculty member shall notify the District in writing of his/her acceptance or rejection within ten (10) days of mailing by the District. Failure to do so shall mean the Faculty Member has waived his/her reappointment right to the vacancy stated in the notice from the District. Such Faculty Member shall retain the Faculty Member's seniority position on that Faculty Service Area list for the period of time provided by the Education Code. (4) As to any Faculty Member who is re-employed, the period of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance with his seniority, in a vacant position in the applicable provision former class within thirty-nine (39) months after demotion. Intervening reassignments to other classes shall not nullify that right. Employees who are members of the Education Code, including bargaining unit who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned shall be granted the requirement same rights as persons laid off and shall retain eligibility to be considered for re-employment for an additional period of up to twenty-four (424) years' active service months; provided, that the same tests of fitness under which they qualified for appointment to the class shall still apply. The District shall make the determination of the specific period of eligibility to move from for re-employment on a contract position class-by- class basis. Employees who are members of the bargaining unit who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a regular position. position in their former class or to positions with increased assigned time as vacancies become available, for an additional eighteen (518) All partially or completely laidmonths, but if there is a valid re-off Faculty Members, upon any partial reinstatement, employment list they shall be paid the pro-rata salary equivalent to ranked on that list in accordance with their step and column placement on the permanent salary schedule at the time of their layoffproper seniority.

Re-employment Rights. A laid off employee shall have the following rights: A. An employee laid off because of lack of work or lack of funds is eligible for re- employment for a period of twelve (112) Re-employment of Faculty Members on layoff status will be administered by the College in accordance with the then-applicable provisions of the Education Code. (2) Faculty Members on layoff who wish to months and shall be re-employed in preference to new applicants. In addition, such persons shall keep Human Resources apprised have the right to take promotional examinations during the period of twelve (12) months. Employees who take voluntary demotion in writing lieu of their current mailing addresses layoff shall have the same rights as persons laid off and telephone numbers, shall retain eligibility to be considered for re- employment in the classification from which they were laid off. It is the intent of this Section that employees laid off shall be ranked on a re-employment list in reverse order of layoff and of any changes be hired back in their qualificationssuch order. (3) When actual vacancies occur B. Employees who wish voluntary demotions in any Faculty Service Arealieu of layoff to classes not previously held, the District shall notify, in seniority order, the laid-off Faculty Member(s) in such Faculty Service Areamay be reclassified to vacant positions for which they qualify. This notice The determination of eligibility for reclassification shall be sent made by certified mail to the Faculty Member's current mailing address on file with Human Resources fortyPersonnel Officer. C. Any employee who is laid off in error shall be re-five (45) days before the contemplated first day of re- employment of the Faculty Member or employed immediately upon the District learning discovery of such vacancy if within forty-five (45) days error and restored with full back salary benefits and rights. D. Upon written request, an employee laid off, or who retires in lieu of layoff, shall be notified of available positions for which the course/assignment beginning date. The notified Faculty member shall notify the District in writing of employee is eligible at his/her acceptance or rejection within last known address. The employee shall have ten (10) calendar days of mailing by the District. Failure to do so shall mean the Faculty Member has waived his/her reappointment right to the vacancy stated in the notice from the District. Such Faculty Member shall retain date of postmark to accept or reject the Faculty Member's seniority position on that Faculty Service Area list for the period of time provided by the Education Code. (4) As to any Faculty Member who is re-employed, the period of absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service, and such Faculty Member shall retain all rights to contract or regular status, as the case may be, in accordance with the applicable provision of the Education Code, including the requirement of four (4) years' active service for eligibility to move from a contract position to a regular position. (5) All partially E. The names of probationary employees who are laid off or completely laid-off Faculty Members, upon any partial reinstatement, demoted for lack of work or lack of funds shall be paid restored to the prosame eligibility list from which the original appointment was made. If the eligibility list from which the appointment was made has expired, the probationary employee will be placed at the top of the existing list. F. It shall be the responsibility of eligibles or those on re-rata employment lists to notify the City Manager of any change of address or other change affecting availability for appointment. G. Employees whose positions have been reallocated or reclassified to a different class having lower maximum salary equivalent to shall have their step and column placement names placed on the permanent salary schedule at the time re- employment list in order of their layoffseniority in the class from which their position was reallocated or reclassified to.