Common use of VACANCIES, ASSIGNMENTS AND TRANSFERS Clause in Contracts

VACANCIES, ASSIGNMENTS AND TRANSFERS. A. A vacancy shall be defined as a bargaining unit position for which there is no bargaining unit member with a contractual right to return and which the Employer intends to fill or a newly created position which the Employer intends to fill. An increase or decrease of hours of the same job shall not create a vacancy unless the qualifications of the job are altered. B. Vacancies shall be posted for at least five (5) full workdays prior to filling same permanently. C. During the summer months, when school is not in session, postings for vacancies shall be mailed to each bargaining unit member in Food Services who submits a written request to the Food Service Director prior to the last day of school in any year. Such vacancies shall not be permanently filled for seven (7) calendar days from the mailing date. D. A job posting shall set forth the job title, its schedule of hours and location together with the job duties and the minimum requirements necessary to perform the work. E. Any bargaining unit member may make written application for a vacancy with the appropriate Director. F. Vacancies shall be filled with the most qualified applicant on the basis of seniority, qualifications and the ability to perform the work. The Director shall determine who is the most qualified applicant. Where qualifications of the applicants are equal, a vacancy shall be filled by the most senior qualified bargaining unit member applicant on layoff. Qualifications shall include evaluations and disciplinary record. Should there be no bargaining unit member on layoff such vacancy shall be filled with the most senior applicant from the classification in which the vacancy arose. G. The employer reserves the right to fill vacancies on a temporary basis, subject to the provisions of Article 3, Section F. H. A substitute who fills a vacancy on a temporary basis shall not have claim to such vacancy by virtue of his/her filling same temporarily. I. Except for work areas assigned to the lead custodian, custodians at the middle schools and the high school shall be entitled to bid on work areas in the building(s) they work in and will be assigned based upon seniority. J. Bargaining unit members may be transferred when it is necessary for the good of the system as a whole or at a bargaining unit member's request. Involuntary transfers shall not be for arbitrary or capricious reasons. K. A bargaining unit member, who is transferred to a position which carries a higher rate of pay shall be paid at the higher rate. A bargaining unit member who is transferred to a position which carries a lower rate of pay shall not suffer a reduction in pay unless the transfer is permanent. Such transfers shall be for just cause.

VACANCIES, ASSIGNMENTS AND TRANSFERS. A. A (1) If the Superintendent determines that a vacancy caused by death, retirement, discharge, resignation or the creation of a new position should be filled, said positions shall be filled pursuant to the following procedure: (a) The vacancy shall be defined as adequately publicized for at least seven (7) school days by means of a bargaining unit position for posting from the Superintendent which there is no bargaining unit member with a contractual right to return and which the Employer intends to fill or a newly created position which the Employer intends to fill. An increase or decrease of hours shall be dated. (b) Within ten (10) days of the same job shall not create a vacancy unless the qualifications date of posting, all employees who desire assignment to one (1) or more of the job are alteredposted positions shall so indicate by filing a written statement of such desire with the Office of the Superintendent. If adherence to the above time lines is not practicable in a given case, the parties may mutually agree to waive the above stated time lines. B. Vacancies (c) Assignments will be made based on such statements, instructional requirements and the best interest of the School System and pupils as determined by the Superintendent of Schools. (d) All vacancies as referred to herein above shall be posted before any transfers are made. Only the original position shall be posted and positions which open as a result of the filling of said position need not be posted. (e) If the Superintendent posts a temporary position created by a leave of absence, said posting shall be in accordance with the above-stated procedure. Further, said posting shall state that said position is temporary due to a leave of absence. (2) With respect to vacancies which become known to the Superintendent after May 1, the Superintendent will, to the extent practicable, post the positions until the end of the school year and provide notice thereof to the President and their designee of the ASSOCIATION. (a) The Superintendent of Schools will inform the President or their designee who has complied with Section (3) below. (3) Employees who desire a change in grade and/or subject assignment or who desire to transfer to another building shall file a written statement of such desire with the Office of the Superintendent by March 1st.Further, employees shall notify the Superintendent in the event they wish to be considered for a transfer to an open position during the school year. Employees seeking to transfer within their current discipline and teaching level (pre-school, early childhood, elementary, middle or high school) will not be required to provide a demonstration lesson. (4) Although the COMMITTEE and the ASSOCIATION recognize that some transfer of employees from one (1) school to another is unavoidable, they also recognize that frequent transfer of employees is disruptive to the educational process and interferes with the optimum employee performance. Thus, to the extent practicable and consistent with the instructional requirements and best interests of the school system and the pupils, the following procedure will apply: (a) Volunteers for transfer will be considered for transfer first. (b) Involuntary transfer will be made only after a meeting with the employee involved and the Superintendent (or their designee), at least five which time the employee will be notified of the reasons for the transfer. In the event that an employee objects to the transfer at this meeting, upon the request of the employee, the ASSOCIATION will be notified and the Superintendent (or their designee) will meet with the ASSOCIATION's representative to discuss the transfer. In the event the Superintendent maintains their decision, the employee and the ASSOCIATION will be notified in writing, and the decision of the Superintendent shall be final. (5) full workdays prior to filling same permanently. C. During the summer months, when school is not in session, postings for vacancies Employees shall be mailed notified in writing of any changes in their programs and schedules for the ensuing school year, including the schools to each bargaining unit member in Food Services who submits a written request to which they will be assigned, the Food Service Director grades and/or subjects that they will teach, and any special or unusual classes or assignments that they will have, as soon as practicable and under normal circumstances not later than ten (10) days prior to the last student day in June; provided that in the event of school a change in any year. Such vacancies circumstances or conditions, such assignments may be changed as required to meet the situation and the employee or employees concerned be notified in writing before the opening of schools. (6) In order to assure that pupils are taught by employees working within their areas of competence, employees shall not be permanently filled assigned except temporarily and for seven (7) calendar days from good cause to subjects and/or grades or other classes outside the mailing datescope of their teaching certificates and/or their major or minor fields of study. D. A job posting shall set forth the job title, its schedule of hours and location together with the job duties and the minimum requirements necessary to perform the work. E. Any bargaining unit member may make written application for a vacancy with the appropriate Director. F. Vacancies shall be filled with the most qualified applicant on the basis of seniority, qualifications and the ability to perform the work. The Director shall determine who is the most qualified applicant. Where qualifications of the applicants are equal, a vacancy shall be filled by the most senior qualified bargaining unit member applicant on layoff. Qualifications shall include evaluations and disciplinary record. Should there be no bargaining unit member on layoff such vacancy shall be filled with the most senior applicant from the classification in which the vacancy arose. G. The employer reserves the right to fill vacancies on a temporary basis, subject to the provisions of Article 3, Section F. H. A substitute who fills a vacancy on a temporary basis shall not have claim to such vacancy by virtue of his/her filling same temporarily. I. Except for work areas assigned to the lead custodian, custodians at the middle schools and the high school shall be entitled to bid on work areas in the building(s) they work in and will be assigned based upon seniority. J. Bargaining unit members may be transferred when it is necessary for the good of the system as a whole or at a bargaining unit member's request. Involuntary transfers shall not be for arbitrary or capricious reasons. K. A bargaining unit member, who is transferred to a position which carries a higher rate of pay shall be paid at the higher rate. A bargaining unit member who is transferred to a position which carries a lower rate of pay shall not suffer a reduction in pay unless the transfer is permanent. Such transfers shall be for just cause.

VACANCIES, ASSIGNMENTS AND TRANSFERS. A. A vacancy Vacancy shall be defined as a bargaining unit newly created position, a position for which there is no bargaining unit member with within the school district presently unfilled due to a contractual right to return and which teacher leaving the Employer intends to fill system, or a newly created position which within the Employer intends school district presently unfilled due to filla teacher taking another open position in the system. An increase or decrease of hours of the same job shall not create a vacancy unless the qualifications of the job are altered. B. Vacancies shall be posted for at least five (5) full workdays prior to filling same permanently. C. During on a designated board in each building during the summer monthsregular school year. At all other times, when school is not in session, postings for vacancies written notification of any vacancy shall be mailed to each teacher. A. If a teacher's assignment for the forthcoming school year represents a change in the assignment currently held by the teacher, such reassignment will only be made upon prior consultation with the affected bargaining unit member member. In the event that a change in Food Services who submits a written request teacher's given assignment is proposed after the close of the current school year, such a change will be considered an involuntary transfer, and shall therefore be implemented only in case of an emergency and to prevent undue disruption of the instructional program. The superintendent shall notify the affected teacher and the Association. B. When vacancies occur during the school year, it may be difficult to fill them from within the district without undue disruption to the Food Service Director prior existing instructional program. At the time the vacancy occurs, it will be posted and filled according to this Article. If the superintendent in his/her reasonable judgment so determines, such vacancy may be filled on a temporary or tentative basis until the end of the semester or school year. C. The Board declares its support of a policy of filling all vacancies from within its own teaching staff. Whenever a vacancy arises, the superintendent shall promptly, within 5 days, notify the Association in writing. Interested teachers shall follow the procedure as set forth in Section D of this Article. If applications for a vacancy are received from the staff by the application deadline, then qualifications of all the applicants, including competency, experience, and other relevant factors will be considered. All qualifications being equal, teachers within the district will be given preference. D. Requests by a teacher for assignment to a different class, building, or position shall be made in writing, one copy of which shall be filed with the superintendent and one with the Association. The application shall set forth the reasons for requesting the assignment, the school, grade, or position sought, and the applicant's academic qualifications. Such requests shall be renewed once each year to assure active consideration by the Board. E. Changes in assignments during the school year shall be designated as transfers. Should transfers be necessitated, the problem will be presented by the principal to the last day affected teaching staff in an effort to find a volunteer. If a mutually agreed upon transfer is not possible, the least senior teacher having the applicable certification and qualifications shall be transferred. F. The assignments of school adult education, summer school, and driver's education courses, and those extra duties listed in any yearAppendix B shall not be obligatory, but shall be with the consent of the teacher. Such vacancies shall not be permanently filled posted per all vacancies, thus providing an opportunity for seven (7) calendar days from the mailing date. D. A job posting shall set forth the job title, its schedule of hours and location together with the job duties and the minimum requirements necessary to perform the work. E. Any bargaining unit member may make written application members to apply for a vacancy with said positions. Preference in making such assignments will be given to the appropriate Director. F. Vacancies shall be filled with the most best qualified applicant on the basis of seniority, qualifications and the ability to perform the workteacher. The Director shall determine who is the most qualified applicant. Where qualifications of the applicants are Qualifications being equal, a vacancy shall be filled by the most senior qualified bargaining unit member applicant on layoff. Qualifications shall include evaluations and disciplinary record. Should there be no bargaining unit member on layoff such vacancy shall be filled with the most senior applicant from the classification in which the vacancy arosetenure teachers will receive preference. G. The employer reserves the right to fill vacancies on a temporary basis, subject to the provisions of Article 3, Section F. H. A substitute who fills a vacancy on a temporary basis shall not have claim to such vacancy by virtue of his/her filling same temporarily. I. Except for work areas assigned to the lead custodian, custodians at the middle schools and the high school shall be entitled to bid on work areas in the building(s) they work in and will be assigned based upon seniority. J. Bargaining unit members may be transferred when it is necessary for the good of the system as a whole or at a bargaining unit member's request. Involuntary transfers shall not be for arbitrary or capricious reasons. K. A bargaining unit member, who is transferred to a position which carries a higher rate of pay shall be paid at the higher rate. A bargaining unit member who is transferred to a position which carries a lower rate of pay shall not suffer a reduction in pay unless the transfer is permanent. Such transfers shall be for just cause.

VACANCIES, ASSIGNMENTS AND TRANSFERS. A. A (1) If the Superintendent determines that a vacancy caused by death, retirement, discharge, resignation or the creation of a new position should be filled, said positions shall be filled pursuant to the following procedure: (a) The vacancy shall be defined as adequately publicized for at least seven (7) school days by means of a bargaining unit position for posting from the Superintendent which there is no bargaining unit member with a contractual right to return and which the Employer intends to fill or a newly created position which the Employer intends to fill. An increase or decrease of hours shall be dated. (b) Within ten (10) days of the same job shall not create a vacancy unless the qualifications date of posting, all employees who desire assignment to one (1) or more of the job are alteredposted positions shall so indicate by filing a written statement of such desire with the Office of the Superintendent. If adherence to the above time lines is not practicable in a given case, the parties may mutually agree to waive the above stated time lines. B. Vacancies (c) Assignments will be made based on such statements, instructional requirements and the best interest of the School System and pupils as determined by the Superintendent of Schools. (d) All vacancies as referred to herein above shall be posted before any transfers are made. Only the original position shall be posted and positions which open as a result of the filling of said position need not be posted. (e) If the Superintendent posts a temporary position created by a leave of absence, said posting shall be in accordance with the above-stated procedure. Further, said posting shall state that said position is temporary due to a leave of absence. (2) With respect to vacancies which become known to the Superintendent after May 1, the Superintendent will, to the extent practicable, post the positions until the end of the school year and provide notice thereof to the President and his/her designee of the ASSOCIATION. (a) The Superintendent of Schools will inform the President or his/her designee who has complied with Section (3) below. (3) Employees who desire a change in grade and/or subject assignment or who desire to transfer to another building shall file a written statement of such desire with the Office of the Superintendent by March 1st. Further, employees shall notify the Superintendent in the event they wish to be considered for a transfer to an open position during the school year. Employees seeking to transfer within their current discipline and teaching level (pre-school, early childhood, elementary, middle or high school) will not be required to provide a demonstration lesson. (4) Although the COMMITTEE and the ASSOCIATION recognize that some transfer of employees from one (1) school to another is unavoidable, they also recognize that frequent transfer of employees is disruptive to the educational process and interferes with the optimum employee performance. Thus, to the extent practicable and consistent with the instructional requirements and best interests of the school system and the pupils, the following procedure will apply: (a) Volunteers for transfer will be considered for transfer first. (b) Involuntary transfer will be made only after a meeting with the employee involved and the Superintendent (or his / her designee), at least five which time the employee will be notified of the reasons for the transfer. In the event that a employee objects to the transfer at this meeting, upon the request of the employee, the ASSOCIATION will be notified and the Superintendent (or his designee) will meet with the ASSOCIATION's representative to discuss the transfer. In the event the Superintendent maintains his/her decision, the employee and the ASSOCIATION will be notified in writing, and the decision of the Superintendent shall be final. (5) full workdays prior to filling same permanently. C. During the summer months, when school is not in session, postings for vacancies Employees shall be mailed notified in writing of any changes in their programs and schedules for the ensuing school year, including the schools to each bargaining unit member in Food Services who submits a written request to which they will be assigned, the Food Service Director grades and/or subjects that they will teach, and any special or unusual classes or assignments that they will have, as soon as practicable and under normal circumstances not later than ten (10) days prior to the last student day in June; provided that in the event of school a change in any year. Such vacancies circumstances or conditions, such assignments may be changed as required to meet the situation and he employee or employees concerned be notified in writing before the opening of schools. (6) In order to assure that pupils are taught by employees working within their areas of competence, employees shall not be permanently filled assigned except temporarily and for seven (7) calendar days from good cause to subjects and/or grades or other classes outside the mailing datescope of their teaching certificates and/or their major or minor fields of study. D. A job posting shall set forth the job title, its schedule of hours and location together with the job duties and the minimum requirements necessary to perform the work. E. Any bargaining unit member may make written application for a vacancy with the appropriate Director. F. Vacancies shall be filled with the most qualified applicant on the basis of seniority, qualifications and the ability to perform the work. The Director shall determine who is the most qualified applicant. Where qualifications of the applicants are equal, a vacancy shall be filled by the most senior qualified bargaining unit member applicant on layoff. Qualifications shall include evaluations and disciplinary record. Should there be no bargaining unit member on layoff such vacancy shall be filled with the most senior applicant from the classification in which the vacancy arose. G. The employer reserves the right to fill vacancies on a temporary basis, subject to the provisions of Article 3, Section F. H. A substitute who fills a vacancy on a temporary basis shall not have claim to such vacancy by virtue of his/her filling same temporarily. I. Except for work areas assigned to the lead custodian, custodians at the middle schools and the high school shall be entitled to bid on work areas in the building(s) they work in and will be assigned based upon seniority. J. Bargaining unit members may be transferred when it is necessary for the good of the system as a whole or at a bargaining unit member's request. Involuntary transfers shall not be for arbitrary or capricious reasons. K. A bargaining unit member, who is transferred to a position which carries a higher rate of pay shall be paid at the higher rate. A bargaining unit member who is transferred to a position which carries a lower rate of pay shall not suffer a reduction in pay unless the transfer is permanent. Such transfers shall be for just cause.

VACANCIES, ASSIGNMENTS AND TRANSFERS. A. A vacancy shall be defined as a bargaining unit position for which there is no bargaining unit member with a contractual right to return and which the Employer intends to fill or a newly created position which the Employer intends to fill. An increase or decrease of hours of the same job shall not create a vacancy unless the qualifications of the job are altered. B. Vacancies shall be posted for at least five (5) full workdays prior to filling same permanently. C. During the summer months, when school is not in session, postings for vacancies shall be mailed to each bargaining unit member in Food Services who submits a written request to the Food Service Director Services Coordinator prior to the last day of school in any year. Such vacancies shall not be permanently filled for seven (7) calendar days from the mailing date. D. A job posting shall set forth the job title, its schedule of hours and location together with the job duties and the minimum requirements necessary to perform the work. E. Any bargaining unit member may make written application for a vacancy with the appropriate Directorcoordinator. F. Vacancies shall be filled with the most qualified applicant on the basis of seniority, qualifications and the ability to perform the work. The Director coordinator shall determine who is the most qualified applicant. Where qualifications of the applicants are equal, a vacancy shall be filled by the most senior qualified bargaining unit member applicant on layoff. Qualifications shall include evaluations and disciplinary record. Should there be no bargaining unit member on layoff such vacancy shall be filled with the most senior applicant from the classification in which the vacancy arose. G. The employer reserves the right to fill vacancies on a temporary basis, subject to the provisions of Article 3, Section F. H. A substitute who fills a vacancy on a temporary basis shall not have claim to such vacancy by virtue of his/her filling same temporarily. I. Except for work areas assigned to the lead custodian, custodians at the middle schools and the high school shall be entitled to bid on work areas in the building(s) they work in and will be assigned based upon seniority. J. Bargaining unit members may be transferred when it is necessary for the good of the system as a whole or at a bargaining unit member's request. Involuntary transfers shall not be for arbitrary or capricious reasons. K. A bargaining unit member, who is transferred to a position which carries a higher rate of pay shall be paid at the higher rate. A bargaining unit member who is transferred to a position which carries a lower rate of pay shall not suffer a reduction in pay unless the transfer is permanent. Such transfers shall be for just cause.