Returning to Bargaining Unit Clause Samples
The "Returning to Bargaining Unit" clause defines the conditions under which an employee who has left the bargaining unit—often for a temporary assignment, promotion, or other reason—can return to their previous bargaining unit position or status. Typically, this clause outlines eligibility requirements, such as time limits for return, the process for reinstatement, and whether seniority or other benefits are preserved upon return. Its core practical function is to provide clarity and predictability for both the employer and employee regarding the rights and procedures associated with rejoining the bargaining unit, thereby reducing disputes and ensuring fair treatment.
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Returning to Bargaining Unit. A teacher who transfers to or is hired for an administrative or supervisory position before September 1, 2003 and later returns or is newly assigned to a position in the bargaining unit, shall be entitled to those years of service he/she served as a teacher for purposes of length of service in the bargaining unit, and shall be entitled to accumulate years of experience on the salary schedule for all years served as a teacher and an administrator/ supervisor. A teacher who transfers to or is hired for an administrative or supervisory position on or after September 1, 2003 shall have his/her bargaining unit seniority frozen without any additional accumulation for up to a consecutive two (2) year period while serving as an administrator/supervisor. If such a teacher remains in an administrative or supervisory position for longer than a consecutive two (2) year period, he/she shall forfeit all bargaining unit seniority previously acquired. An administrator who is directly hired into the District as an administrator shall accumulate no bargaining unit seniority.
Returning to Bargaining Unit. 43.1 If an employee is transferred to a position not included in the unit and is thereafter transferred again to a position within the unit, they shall have their accumulated seniority frozen as of the day they leave the unit. This seniority will be protected for up to twelve (12) months. In the event they return to the bargaining unit, they shall be reinstated in the same classification they held before transferring out of the unit. The time spent out of the bargaining unit will not be counted toward seniority within the unit, however, total years of service with the Board of Education will be counted in computing the employee's fringe benefits.
Returning to Bargaining Unit. Employees who accept a promotion out of the Bargaining Unit are entitled to bump back to their former position in the Bargaining Unit if they do not successfully complete probation in the promoted position. Employees who bump back are entitled to regain their Bargaining Unit seniority as of the date they accepted promotion. If the employee’s former position is not available, the promoted employee shall have first preference to occupy any vacant Bargaining Unit position for which the employee is otherwise qualified, but in no event shall a promoted employee be permitted to bump a Bargaining Unit employee into a lower rank or lay-off status.
Returning to Bargaining Unit. Employees who leave the bargaining unit for a non-bargaining unit position following the adoption of this agreement have thirty (30) calendar days within which to choose to return to the bargaining unit. If such employees choose to return within the thirty (30) calendar days, they may do so without loss of any seniority. After the thirty (30) calendar days, the employee has no option to return to the bargaining unit
Returning to Bargaining Unit. A Tenured Faculty member who is currently serving as an administrator who returns to the bargaining unit shall be placed at the appropriate salary in accordance with the employee’s number of years of full-time faculty contracted service to the College.
Returning to Bargaining Unit. If an employee is transferred to a position excluded from the Bargaining Unit, and then returns to the Bargaining Unit within a three (3) year period, every effort will be made to reinstate the employee at their previous step and classification. The following will apply:
A. If employee returns before the one (1) year anniversary of their transfer:
1. They will continue to accumulate Bargaining Unit seniority while working in the positions to which they transferred.
2. They will accumulate years of service while working in the position to which they were transferred, which will apply to any benefit provided for in this Agreement.
B. If the employee is transferred back into the Unit after their one (1) year anniversary date of the transfer, but before the three (3) year anniversary date of the transfer:
1. They will accumulate years of service while working in the position to which they were transferred, which will apply to any benefit provided for in this Agreement.
2. They will forfeit all Bargaining Unit seniority with respect to bumping privileges and begin accumulating seniority at the date of transfer. An employee so transferred back into the Unit after the three (3) year period will lose all accumulated seniority within the Bargaining Unit except as it pertains to benefits provided by Administration.
Returning to Bargaining Unit member who assumes administrative duties and is subsequently reassigned to a position in the bargaining unit shall resume all rights and privileges that s/he would have had, had s/he continued in the unit except for seniority. Such an employee will accrue one (1) year of seniority for each two (2) years of service as an administrator. The Board will not involuntarily transfer a unit member to an administrative position.
Returning to Bargaining Unit. Employees who leave the bargaining unit, but maintain employment with the Employer, who are then hired back into the bargaining unit position:
47.3.1. ▇▇▇▇▇ be placed in the salary schedule lane in accordance with their level of education and at the salary schedule step that they were at previously plus the additional years working with the Employer.
47.3.2. The employee’s seniority will be based on their years with the Employer.
47.3.3. If the employee held non-provisional status when they left the bargaining unit shall maintain that status upon return to the bargaining unit.
Returning to Bargaining Unit. Employees promoted out of this Bargaining Unit who are involuntarily demoted or whose positions are eliminated shall be returned with departmental seniority and shall have their classification seniority restored for the classification they occupy, if any. If the seniority of the returning member is sufficient, this may necessitate the lay-off of a less senior Bargaining Unit member in accordance with the seniority provisions of this Agreement.