Common use of Rights of Return Clause in Contracts

Rights of Return. When there is a vacancy in the subject area at the work location from where the employee was originally transferred or reassigned, the employee who has been involuntarily transferred or involuntarily reassigned has the right to such an opening provided: 5.4.1 The employee accepts such first available assignment which is at least equal to the percent of assignment (tenure) as previously held in the original unit; otherwise the employee forfeits all rights to return automatically. 5.4.2 In the event there is an opening which is not at least equal to the percent of assignment (tenure) as previously held, the employee has the option to accept the lesser percent of assignment which has become available at the original unit. However, should subsequent opening combinations develop at the original unit which would provide opportunity for the employee to have a reassignment which is at least equal to the percent of assignment originally held by the employee, then the employee must do one (1) of two (2) things, either: 5.4.2.1 Accept the developed opening combination which would at least equal the original percent of assignment held, or 5.4.2.2 Forfeit all rights to automatic reassignment and also forfeit all rights to the partial reassignment at the original unit. Further, in such case the employee may be reassigned to the initial voluntary position as per the terms of the initial volunteering at the discretion of the District. This subsection applies to unit members who apply for an opening and are voluntarily transferred from one college to another college or are voluntarily reassigned from one division to another division within the same college in accordance with the provisions of this subsection.

Rights of Return. When there is a vacancy in the subject area at the work location from where the employee was originally transferred or reassigned, the employee who has been involuntarily transferred or involuntarily reassigned has the right to such an opening provided: 5.4.1 The employee accepts such first available assignment which is at least equal to the percent of assignment (tenure) as previously held in the original unit; otherwise the employee forfeits all rights to return automatically. 5.4.2 In the event that there is an opening which is not at least equal to the percent of assignment (tenure) as previously held, the employee has the option to accept the lesser percent of assignment which has become available at the original unit. However, should subsequent opening combinations develop at the original unit which would provide opportunity for the employee to have a reassignment which is at least equal to the percent of assignment originally held by the employee, then the employee must do one (1) of two (2) things, either: 5.4.2.1 Accept the developed opening combination which would at least equal the original percent of assignment held, or 5.4.2.2 Forfeit all rights to automatic reassignment and also forfeit all rights to the partial reassignment at the original unit. Further, in such case the employee may be reassigned to the initial voluntary position as per the terms of the initial volunteering at the discretion of the District. This subsection section applies to unit members who either: A. apply for an opening and are voluntarily transferred from one college to another college or are voluntarily reassigned from one division to another division within the same college in accordance with the provisions of this subsectionarticle on or after July 1, 1981; or B. were reassigned from one division to another division within the same college or transferred from one college to another college during the period from July 1, 1978, through June 30, 1981, by a means other than involuntary reassignment or involuntary transfer.)