Common use of Transfer/Reassignment Clause in Contracts

Transfer/Reassignment. A. A “transfer” is a movement of a tenure track bargaining unit member from one college to another. A “reassignment” is a movement of a tenure track bargaining unit member from one division or department to another division or department within a college. A “division” or “department” is a multi-disciplinary grouping containing related academic disciplines as established by the District. A department may also consist of a single discipline. (During 92-93 there were seven (7) divisions at Valley College and seven (7) departments or divisions at Xxxxxxx Hills College.) Nothing in this Article shall be interpreted as a restriction on the right of the District to change its organizational structure(s). The District has the right to transfer or reassign bargaining unit members as long as any such transfer or reassignment does not violate the specific provisions of this Article. B. A transfer/reassignment may be initiated by a Bargaining Unit Member (voluntary) or by the District (Administrative). C. The District will consider all requests under this Article for voluntary transfer/reassignment from current unit members who meet minimum qualifications. D. A voluntary transfer/reassignment shall be based upon the following considerations: Required minimum qualifications as specified in any job posting pursuant to state education law, regulation or Education Code Section 87369. Consultation with the College President and with the Department or Division and its faculty. Recentness of acquired knowledge and/or demonstrated competence based on evaluations and/or recommendations in the subject field or position. Additional job-related qualifications as compared to other applicants. Seniority in the District. Ability to perform all required tasks of the specific vacancy as specified by the job description. Ability to work with immediate supervisor(s) and any co-workers, and ability to perform with assigned students. Criteria shall not be applied in an arbitrary or capricious manner. E. If requested by a unit member, a conference will be held between the administrator who denied the request for voluntary transfer/reassignment and the unit member to discuss the reason(s) for the denial of the voluntary transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and shall receive written reasons for the denial following said meeting. F. Any vacant position of 3/5 time or more shall be advertised in a posting made available to tenure track unit members for two weeks. A vacancy is any vacated, promotional or newly created position. Posting will contain a job description and qualifications necessary to meet the requirements of the position. The posting will include a closing date for submitting a request for transfer/reassignment which shall be not less than two (2) weeks from the date of posting. No assignment to fill the vacancy shall be made until after the closing date. A District Committee which meets the requirements for a screening committee for new hires shall review all qualified faculty requests for voluntary transfer/reassignment. The Committee constituted in accordance with the District Affirmative Action Plan's guidelines for membership or screening committee for new hires shall make a recommendation to the College President who will in turn make a recommendation to the District Chancellor regarding which eligible applicant to accept or in the alternative, to advertise externally. The decision of the Chancellor shall be final. G. The District shall, upon request by a unit member, notify the unit member during summer recess of any posted academic bargaining unit openings which may arise during the summer recess. The unit member’s request must be in writing and must include a mailing address for the summer. Said notification shall be by regular United States Postal Service Mail. The Association shall hold harmless the District from any non-delivery of said notification by the Postal Service. H. An administrative transfer/reassignment is initiated by the District and shall be based upon the considerations enumerated in subsection D of this Article. I. A unit member may request a conference between the administrator who determined the administrative transfer/reassignment and the unit member to discuss the reason(s) for the administrative transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and will receive, within reason, the transfer/reassignment following the Board Meeting. No administrative transfer/reassignment shall be arbitrary or capricious. Absent an urgent need for the immediate services of a unit member, any member who is administratively transferred/reassigned shall be given ten (10) regular scheduled workdays prior notice, except during the summer break when such notice shall be thirty (30) days, and the Association also shall receive notice. J. Nothing in this Article shall restrict the right of the District to make an administrative transfer/reassignment pursuant to provision D, or the right of the District to hire any new employee once the provisions of this Article have been met. K. If the District determines to transfer a program from one college to another, it will give ninety (90) days notice to affected unit members except if there is an urgent need.

Transfer/Reassignment. A. A “"transfer” " is a movement of a tenure track bargaining unit member from one college to another. A “"reassignment” " is a movement of a tenure track bargaining unit member from one division or department to another division or department within a college. A “"division” " or “"department” " is a multi-disciplinary grouping containing related academic disciplines as established by the District. A department may also consist of a single discipline. (During 92-93 there were seven (7) divisions at Valley College and seven (7) departments or divisions at Xxxxxxx Hills College.) Nothing in this Article shall be interpreted as a restriction on the right of the District to change its organizational structure(s). The District has the right to transfer or reassign bargaining unit members as long as any such transfer or reassignment does not violate the specific provisions of this Article. B. A transfer/reassignment may be initiated by a Bargaining Unit Member (voluntary) or by the District (Administrative). C. The District will consider all requests under this Article for voluntary transfer/reassignment from current unit members who meet minimum qualifications. D. A voluntary transfer/reassignment shall be based upon the following considerations: Required minimum qualifications as specified in any job posting pursuant to state education law, regulation or Education Code Section 87369. Consultation with the College President and with the Department or Division and its faculty. Recentness of acquired knowledge and/or demonstrated competence based on evaluations and/or recommendations in the subject field or position. Additional job-job related qualifications as compared to other applicants. Seniority in the District. Ability to perform all required tasks of the specific vacancy as specified by the job description. Ability to work with immediate supervisor(s) and any co-workers, and ability to perform with assigned students. Criteria shall not be applied in an arbitrary or capricious manner. E. If requested by a unit member, a conference will be held between the administrator who denied the request for voluntary transfer/reassignment and the unit member to discuss the reason(s) for the denial of the voluntary transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and shall receive written reasons for the denial following said meeting. F. Any vacant position of 3/5 time or more shall be advertised in a posting made available to tenure track unit members for two weeks. A vacancy is any vacated, promotional or newly created position. Posting will contain a job description and qualifications necessary to meet the requirements of the position. The posting will include a closing date for submitting a request for transfer/reassignment which shall be not less than two (2) weeks from the date of posting. No assignment to fill the vacancy shall be made until after the closing date. A District Committee which meets the requirements for a screening committee for new hires shall review all qualified faculty requests for voluntary transfer/reassignment. The Committee constituted in accordance with the District Affirmative Action Plan's guidelines for membership or screening committee for new hires shall make a recommendation to the College President who will in turn make a recommendation to the District Chancellor regarding which eligible applicant to accept or in the alternative, to advertise externally. The decision of the Chancellor shall be final. G. The District shall, upon request by a unit member, notify the unit member during summer recess of any posted academic bargaining unit openings which may arise during the summer recess. The unit member’s request must be in writing and must include a mailing address for the summer. Said notification shall be by regular United States Postal Service Mail. The Association shall hold harmless the District from any non-delivery of said notification by the Postal Service. H. ADMINISTRATIVE TRANSFER/REASSIGNMENT An administrative transfer/reassignment is initiated by the District and shall be based upon the considerations enumerated in subsection D of this Article. I. A unit member may request a conference between the administrator who determined the administrative transfer/reassignment and the unit member to discuss the reason(s) for the administrative transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and will receive, within reason, the transfer/reassignment following the Board Meeting. No administrative transfer/reassignment shall be arbitrary or capricious. Absent an urgent need for the immediate services of a unit member, any member who is administratively transferred/reassigned shall be given ten (10) regular scheduled workdays prior notice, except during the summer break when such notice shall be thirty (30) days, and the Association also shall receive notice. J. Nothing in this Article shall restrict the right of the District to make an administrative transfer/reassignment pursuant to provision D, or the right of the District to hire any new employee once the provisions of this Article have been met. K. If the District determines to transfer a program from one college to another, it will give ninety (90) days notice to affected unit members except if there is an urgent need.

Transfer/Reassignment. A. A “"transfer” " is a movement of a tenure track bargaining unit member from one college to another. A “"reassignment” " is a movement of a tenure track bargaining unit member from one division or department to another division or department within a college. A “"division” " or “"department” " is a multi-multi- disciplinary grouping containing related academic disciplines as established by the District. A department may also consist of a single discipline. (During 92-93 there were seven (7) divisions at Valley College and seven (7) departments or divisions at Xxxxxxx Hills College.) Nothing in this Article shall be interpreted as a restriction on the right of the District to change its organizational structure(s). The District has the right to transfer or reassign bargaining unit members as long as any such transfer or reassignment does not violate the specific provisions of this Article. B. A transfer/reassignment may be initiated by a Bargaining Unit Member (voluntary) or by the District (Administrative). C. The District will consider all requests under this Article for voluntary transfer/reassignment from current unit members who meet minimum qualifications. D. A voluntary transfer/reassignment shall be based upon the following considerations: - Required minimum qualifications as specified in any job posting pursuant to state education law, regulation or Education Code Section 87369. - Consultation with the College President and with the Department or Division and its faculty. Recentness - Recency of acquired knowledge and/or demonstrated competence based on evaluations and/or recommendations in the subject field or position. - Additional job-job related qualifications as compared to other applicants. - Seniority in the District. - Ability to perform all required tasks of the specific vacancy as specified by the job description. - Ability to work with immediate supervisor(s) and any co-workers, and ability to perform with assigned students. Criteria shall not be applied in an arbitrary or capricious manner. E. If requested by a unit member, a conference will be held between the administrator who denied the request for voluntary transfer/reassignment and the unit member to discuss the reason(s) for the denial of the voluntary transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and shall receive written reasons for the denial following said meeting. F. Any vacant position of 3/5 time or more shall be advertised in a posting made available to tenure track unit members for two weeks. A vacancy is any vacated, promotional or newly created position. Posting will contain a job description and qualifications necessary to meet the requirements of the position. The posting will include a closing date for submitting a request for transfer/reassignment which shall be not less than two (2) weeks from the date of posting. No assignment to fill the vacancy shall be made until after the closing date. A District Committee which meets the requirements for a screening committee for new hires shall review all qualified faculty requests for voluntary transfer/reassignment. The Committee constituted in accordance with the District Affirmative Action Plan's guidelines for membership or screening committee for new hires shall make a recommendation to the College President who will in turn make a recommendation to the District Chancellor regarding which eligible applicant to accept or in the alternative, to advertise externally. The decision of the Chancellor shall be final. G. The District shall, upon request by a unit member, notify the unit member during summer recess of any posted academic bargaining unit openings which may arise during the summer recess. The unit member’s request must be in writing and must include a mailing address for the summer. Said notification shall be by regular United States Postal Service Mail. The Association shall hold harmless the District from any non-delivery of said notification by the Postal Service. H. An administrative transfer/reassignment is initiated by the District and shall be based upon the considerations enumerated in subsection D of this Article. I. A unit member may request a conference between the administrator who determined the administrative transfer/reassignment and the unit member to discuss the reason(s) for the administrative transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and will receive, within reason, the transfer/reassignment following the Board Meeting. No administrative transfer/reassignment shall be arbitrary or capricious. Absent an urgent need for the immediate services of a unit member, any member who is administratively transferred/reassigned shall be given ten (10) regular scheduled workdays prior notice, except during the summer break when such notice shall be thirty (30) days, and the Association also shall receive notice. J. Nothing in this Article shall restrict the right of the District to make an administrative transfer/reassignment pursuant to provision D, or the right of the District to hire any new employee once the provisions of this Article have been met. K. If the District determines to transfer a program from one college to another, it will give ninety (90) days notice to affected unit members except if there is an urgent need.