Common use of Recall Rights Clause in Contracts

Recall Rights. NTT Faculty members on a continuing appointment shall have recall or re-employment right for a period of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/her.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

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Recall Rights. NTT Faculty If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the staff members on so removed or released from that category of position. In a continuing appointment recall situation, if some people have been recalled from a given category of position and a position becomes available in a different category of position, the Board at its sole discretion may offer that available position to the Released ESP if the Board deems the individual is most suitable for the position. This decision by the Board and/or its administration shall have recall or re-employment right not be grieved. To be "qualified" for a period position, a staff member must meet all of two (2) years after being laid offthe requirements for the position, as stated in the job description for the position, including any prerequisites established by the Board for staff members in the particular category of position. Full-Time NTT Faculty members without a continuing appointment, Job descriptions shall have recall or re-employment rights be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a period particular category of one (1) year after the effective date position will result in a waiver of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant rights to this Article. If, any position vacancy arising in such category during the recall period. An "available position" or "vacancy" shall include any regular full-time educational support position which the Board determines is available within a specific category of position. Any substitute, short-term, temporary or other position which is not available on a regular full-time basis shall not be considered an assignment in the Unit becomes "available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the NTT Faculty member of the offer of employment in the open assignmentstaff member’s personal email address on file. If more than one NTT Faculty member on such staff members do not notify the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven School District within ten (710) calendar days from the date of email of such notice that they will report for work on the notice date specified, or give reasonable and acceptable reasons for unavoidable delay beyond such time, they shall be considered as having resigned and all seniority shall be terminated. The staff member's failure to inform notify the Department Chair that s/he accepts Board of acceptance of any vacancy shall constitute rejection of the offer of employment. Any staff member who rejects an offer of an available full-time position in any category of position in which he/she is qualified shall be deemed to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of have waived his/her intent to accept the offer. Acceptance recall rights under Section 10-23.5 of an offer means The School Code and will no longer be eligible for any other vacant positions that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject become available during the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/herperiod.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall Rights. NTT Faculty members on a continuing appointment When applicable, this section shall have recall take precedence over Section 3.4, Vacancies, of this Agreement. Any regular employee who is terminated from employment for other than cause (or re-employment right for a period resignation) will be given preference in the filling of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights any subsequent job vacancies with the Employer for a period of one (1) year after year, provided that the effective date of employee is qualified for a vacant position. The Bid Committee will determine if an employee meets the layoffqualifications required to exercise this preferential right. PartRecall shall be based upon company-time NTT Faculty members without wide seniority, and filling a continuing appointment vacancy for a temporary position shall not have recall rights. The Board shall not issue change or extend the length of time a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and employee has recall or re-employment rights under this SectionAgreement. If an employee is found qualified for a position not previously held, the employee will be subject to the customary probationary period defined in Section 3.4.3 of this Agreement. Any employee who has moved from one classification to another, or from one work location to another as the result of a Unit is divided reduction in force or layoff shall have the right to two or more Units, then return to their previous classification and/or work location if a vacancy occurs within a two-year period of the layoff that caused the employee to be displaced. An employee exercising the right to return under this paragraph shall have precedence over a laid off employee shall with respect to a vacancy. In the event of reduction in force or layoff due to Employer’s acquiring or operating other generation facilities, all power plant employees will have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged priority for employment at such other facilities consistent with another unit, the laid- off employee shall have recall rights qualifications and in the merged unit. The NTT Faculty member event of transfer to such other facilities, will retain their accrued service credit with the Employer and “time of employment under the collective bargaining agreement.” Employees shall have seven (7) days from also retain their accrued “time in the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, classification” if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work employee does not change classification in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/hertransfer.

Appears in 2 contracts

Samples: Agreement Covering Terms, Agreement Covering Terms (Chugach Electric Association Inc)

Recall Rights. NTT Faculty members The Association will maintain a recall list of those individuals who have been laid off subject to the provisions of Article The Association will forward to individuals on the recall list copies of all job No new employees shall be hired into the bargaining unit until those laid off and placed on the recall list have had to opportunity to be recalled. Employees laid off under Article who retain recall rights shall be recalled on the basis of seniority to the first available new position or vacancy in the same seniority group that the employee held prior to layoff, providing possessesthe minimumqualifications, skills and abilities to satisfactorily to perform the core duties and responsibilities of the job. Notwithstanding the foregoing, it is recognized that some social workers and/or counselling staff may be assigned to work with clients through a continuing appointment formal service agreement with a third party, and it is recognizedthat the "acceptability" of the social worker and/or counsellor to the third party shall have recall be another criterion to be considered and will override all other criteria as set out above. In such the parties will meet through the Committee within five (5) working days of the decision. The Association shall provide evidence of the need to invoke this criterion, taking into account the needs of the Association and the necessity to provide fair treatment for bargaining unit members. The parties agree to meet within the intent of Article however, it is understood that if the Union cannot agree with the rationale provided by the Association, the Union or reits members, retain the right to file a grievance under these circumstances. An employee recalled and reinstated to former position shall receive the appropriate rate of pay for that position at the time of recall. Any employee recalled and reinstatedto any other positionwill receive the appropriate rate of pay for such position at the time of recall. The Association agrees, in the event of lay-employment right off, that an employee so affected may continue medical coverage for a period of two as outlined in Article (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after subject to the effective date terms of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for plan and the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member approval of the offer insurance carrier) provided pay the Association the full premium costs of employment in such participation not later than the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties twenty-fifth (25th) day of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status month prior to the layoff may accept or reject month in which the recall offer without waiving rights or priority to his/her original FTE statuspayment becomes due. In any other caseIf such payment is not made as aforesaid, an NTT Faculty member who declines or fails to accept such an offer the employee’s participation in these plans shall be removed from terminated forthwith. Job Security No employee shall be laid off as a result of contracting out of work or services. Laid off staff will be paid out any accumulated vacation credits in the recall/re-employment list, pay period coinciding with the last day of work. Severance Employees who have not been recalled subject to the provisions of Article shall be paid severance pay in the amount of one week’s pay per year of service to a maximum of twenty six (26) weeks. This entitlement is inclusive of any and all severance entitlements under the Board shall have no further obligation to offer employment to him/herEmployment Standards Act.

Appears in 1 contract

Samples: Ii T Agreement

Recall Rights. NTT Faculty members An employee shall have opportunity of recall from a lay-off to an available opening in order of seniority, provided he has the ability and qualifications as required by law to perform the work before such opening is filled on a continuing appointment regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home of his intention to return to work within three calendar days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to so do by registered mail, addressed to the last address on record with the Home (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall or reand may instead remain on lay-employment right off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed months from the recall/redate of lay-employment list, off. Any agreement reached between the Home and the Board shall have no further obligation to offer employment to him/herUnion concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. NTT Faculty members on a continuing appointment shall have recall or In recognition of the benefit that re-employment right for a period of two (2) years after being laid off. Full-Time NTT Faculty bargaining unit members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after may bring to the effective date continued future operations of the layoffinstitution, a recall procedure shall be established as follows. Part-time NTT Faculty members without a continuing appointment shall Recall rights do not have recall rightsapply if an individual has bumped except as provided in 13.8, D below. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each Bargaining unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all to the campus for a period of the Unitsthree (3) years from their date of layoff. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee They shall have recall rights to: their former position, if re-established, or if it becomes vacant and available; to a vacant and available position the most significant portion of which has been reconstituted or restructured from their former position; to a vacant and available position they may formerly have held, if they held it in a competent manner, and if it is the merged unitspecific, exact position they held. The NTT Faculty Laid off bargaining unit members shall retain the use of their UMass email address for the length of their recall period. A bargaining unit member who has bumped into a new position shall have recall rights to his or her specific former position, should that former position be re- established, for a period of thirty (30) calendar days following the date on which he or she occupies the new position. Upon written request to the Employment/Recruitment Office, the laid-off bargaining unit member shall have seven (7) days be sent for one year announcements of vacant professional staff positions to be filled at the Campus. This period may be extended for an additional year upon written request from the date bargaining unit member, submitted one month before the end of the notice to inform initial one year period, and for a third year upon submission of a similar request submitted one month before the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks end of the beginning second year. For Cooperative Extension bargaining unit members, upon written request to the Xxxx of the academic term, College of Food and Natural Resources announcements shall include announcements of Cooperative Extension openings received by the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/herXxxx.

Appears in 1 contract

Samples: www.umass.edu

Recall Rights. NTT Faculty members on a continuing appointment Any laid-off employee shall have a right of recall or re-employment right for a period of two (2) years after being laid offfrom the beginning of the school year that the lay-off takes effect. FullRecall shall be in inverse order of the reduction-Time NTT Faculty members without a continuing appointmentin-force within the council and category of position, if applicable, where the reduction-in-force occurred with the most senior employee in the affected category recalled first. An employee’s scheduled salary increase, accumulated sick and personal leave, vacation entitlements for twelve (12) month employees and seniority shall have recall or re-employment rights for a not be affected if recalled during this two (2) year period of one (1) year after time. In no case shall a new employee be employed by the effective date of the layoff. Partemployer while there are laid-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each off bargaining unit shall maintain a list of NTT Faculty members who are laid off pursuant qualified for a vacant or newly-created position. The employee must notify the Human Resources Department of his/her availability for a new position, provide his/her address and phone number every six (6) months, as long as the Human Resources Department notifies the employee of this requirement, in writing, at the time of the lay-off. Failure of the employee to this Articlenotify the Human Resources Department shall be deemed to waive the employee’s recall rights and he/she shall no longer be eligible for any other vacant position that becomes available within the recall time period. IfThe employee must notify the Board in writing, within seven (7) calendar days of mailing or within five (5) calendar days of receipt of the offer, whichever shall first occur, of the acceptance or rejection of any vacant position offered to the employee during the recall period, an assignment . This statement shall appear in the Unit certified mailing to each employee. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the timelines set forth within shall be deemed to have waived his/her recall rights and shall no longer be eligible for any other vacant position that becomes available whose duties an NTT Faculty member on within the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignmentrecall time period. If more than one NTT Faculty member on a vacancy or newly-created position occurs for which the list is competent and qualified to perform employee meets the duties minimum requirements of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights the right to be recalled to that position before anyone can be newly hired from outside the District or transferred from another council. All positions must be posted as internal openings and any employee in all of the Unitsaffected council may apply according to the individual council’s lay-off and bumping procedures. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off previous full- time employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a part-time position to which he/she is entitled in recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to hislanguage and accepts that position, he/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board she shall have no further obligation to offer employment to him/herthe rights as outlined in this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall Rights. NTT Faculty members on When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a continuing appointment part-time employee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. An employee shall have opportunity of recall or refrom a lay-employment right for a period off to an available opening, in order of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointmentseniority, shall have recall or re-employment rights for a period of one (1) year after provided she has the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified skills to perform the duties work. In determining the skills of an employee to perform the work for the purposes of the positionparagraph above, recall the Employer shall occur not act in an arbitrary manner. An employee recalled to work in a different classification from which she was laid off shall have the order set forth in Section 14.05privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available It is the sole responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and has recall or re-employment rights under this SectionPaid Holidays) after being notified to do so by registered mail, a Unit is divided in addressed to two or more Units, then the laid off employee last address on record with the Employer (which notification shall be deemed to have recall rights in all of been received after the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from second day following the date of the notice mailing) and return to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice work within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/her.ten

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. NTT Faculty members An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability and qualifications to perform the work before such opening is filled on a continuing appointment regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications of an employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within twelve (12) months of being recalled, provided the employee has maintained their physical ability to do the job. No new employee shall be hired in the bargaining classifications in which a layoff has taken place until the laid off employees who retain seniority and who are qualified have been given the opportunity to return to work. Employees on layoff or notice of layoff shall be given preference for temporary vacancies within classifications which they are qualified and capable to perform, which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall or re-employment right and may instead remain on layoff. This provision supercedes the job posting provision. A laid off employee shall retain the rights of recall for a period of two four (224) years after being laid offmonths. Full-Time NTT Faculty members without In the event that a continuing appointmentlayoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall have recall or re-employment rights for a period of one (1) year after the effective date not be disentitled thereto solely because of the layoffday on which the layoff commenced. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for It is the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member sole responsibility of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member employee who has been laid off to notify the Employer of their intention to return to work within five (5) working days (exclusive of Saturdays, Sundays, and has recall or re-employment rights under this SectionPaid Holidays) after being notified to do so by registered mail, a Unit is divided in addressed to two or more Units, then the laid off employee last address on record with the Employer (which notification shall be deemed to have recall rights in all of been received on the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from second day following the date of mailing) and to return to work within ten working days after being notified. The notification shall state the notice job to inform which the Department Chair that s/he accepts the offer employee is eligible to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, recalled and the Board date and time at which the employee shall have no further obligation to offer employment to him/herreport for work. The employee is solely responsible for their proper address being on record with the Employer.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. NTT Faculty members a) An employee shall have opportunity of recall a lay-off to an available opening, in order of seniority, provided he or shehas the ability and to performthe work before an opening is filled on a continuing appointment regular basis under ajob posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been In determining the skill, ability and qualifications required to perform the work for the of the paragraphs above, the Employer shall not act in an arbitrary or manner. No new employee shall be hired until all those laid off for less than eighteen (18) have been given the opportunityto return to work provided the on lay off have the skill, ability and qualifications to perform the available work. The Employer shall notify the employee of recall opportunityby Registered Mail, addressed to the last address on record with the Employer. The notification shall state the position to which the employee is eligible to be and the date and time at which the employee shall return to work. The employee shall notify the Employer of her intent to assume or rethe position five (5) days of receipt of the Registered letter. Receipt of the Registered letter shall be deemed to be on the fifth day following the date of mailing. The employee is solely responsible for his proper address being on record with the Employer. The Employer shall pay its' share of the benefits premiums for the month in which the Off Employees on lay-employment right off or notice of lay-off shall be given preference for temporary vacancies, which are expected to exceed sixty (60) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead on This provision supersedes the job posting provision. A laid off employee shall retain the rights of recall for a period of two eighteen (2) years after being laid off1 8) months. FullFor purposes of lay-Time NTT Faculty members without a continuing appointmentoff and recall, shall have recall or reand part-employment rights for a period of time senioritywill be deemed to be merged. Accordingly, one (1) year after the effective date of the layoff. Partfull-time NTT Faculty members without seniority hundred (1 500) hours' part-time seniority. An employee recalled to work in a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are different classification which he or she was laid off pursuant shall have the privilege of returning to this Articlethe classification which was held prior to the lay-off should a permanent position become vacant within nine (9) months of being recalled. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and This shall only apply everyone qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and recalled. An employee who has recall or re-employment rights under this Section, been displaced into a Unit is divided in differentclassification shall have the privilege of to two or more Units, then the original classification,which was held prior to the displacement should it become vacant withinnine (9)months of being displaced. This shall only apply when a laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice not qualified to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position they are being recalled to. An employee may elect to the opportunity to return to her original classification. It is understood that in doing so, such employee forfeits the rights provided for under this Article. Employees whose hours have been reduced shall have the opportunity to increase their hours to the number they were at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject reduction, before activating the recall offer without waiving rights or priority procedure. If the employee opts not to his/exercise right under these provisions, forfeits any entitlement to have her original FTE statushours reinstated. In any other case, an NTT Faculty member who declines or fails Grievances on Lay-offs Grievances concerning layoffs due to accept such an offer a reduction in the force shall be removed from initiated at Step of the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/herGrievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. NTT Faculty If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the staff members on so removed or released from that category of position. In a continuing appointment recall situation, if some people have been recalled from a given category of position and a position becomes available in a different category of position, the Board at its sole discretion may offer that available position to the Released ESP if the Board deems the individual is most suitable for the position. This decision by the Board and/or its administration shall have recall or re-employment right not be grieved. To be "qualified" for a period position, a staff member must meet all of two (2) years after being laid offthe requirements for the position, as stated in the job description for the position, including any prerequisites established by the Board for staff members in the particular category of position. Full-Time NTT Faculty members without a continuing appointment, Job descriptions shall have recall or re-employment rights be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a period particular category of one (1) year after the effective date position will result in a waiver of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant rights to this Article. If, any position vacancy arising in such category during the recall period. An "available position" or "vacancy" shall include any regular full-time educational support position which the Board determines is available within a specific category of position. Any substitute, short-term, temporary or other position which is not available on a regular full-time basis shall not be considered an assignment in the Unit becomes "available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the NTT Faculty member of the offer of employment in the open assignmentstaff member’s personal email address on file. If more than one NTT Faculty member on such staff members do not notify the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven School District within ten (710) calendar days from the date of email of such notice that they will report for work on the notice date specified, or give reasonable and acceptable reasons for unavoidable delay beyond such time, they shall be considered as having resigned and all seniority shall be terminated. The staff member's failure to inform notify the Department Chair that s/he accepts Board of acceptance of any vacancy shall constitute rejection of the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty employment. Any staff member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance who rejects an offer of an offer means available full-time position in any category of position in which they are qualified shall be deemed to have waived their recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject become available during the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/herperiod.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Recall Rights. NTT Faculty members An employee shall have opportunity of recall from a layoff to an available opening in his/her former status, in order of seniority, provided he or she has the ability to perform the work after such opening is filled on a continuing appointment regular basis under a job posting procedure. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. An employee, who is qualified to receive severance pay, may elect to defer receipt of severance payment while his or her recall rights are still in effect. Once an employee does opt to receive the severance payment, he or re-employment right for a period of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointmentshe shall be deemed to have resigned, and his or her recall rights shall have recall or re-employment rights for a period of one (1) year after the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rightsbe extinguished. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant Hospital agrees to this Article. If, post vacancies during the recall period, an assignment as per the job posting procedure (Article 9.05), allowing employees on recall to participate in the Unit becomes posting procedure. Should the position not be filled via the job posting procedure an employee shall have the opportunity of recall from a layoff to an available whose duties opening in his/her former status, in order of seniority, provided he or she has the ability to perform the work. No new employees shall be hired until all those laid off have been given an NTT Faculty member on opportunity to return to work and have failed to do so, in accordance with the recall/re-employment list is competent and qualified loss of seniority provision, or have been found unable to perform, perform the Board work available. The Hospital shall notify the NTT Faculty member employee of recall opportunity by registered mail, addressed to the offer of employment in last address on record with the open assignment. If more than one NTT Faculty member Hospital (which notification shall be deemed to be received on the list is competent and qualified to perform second day following the duties date of the position, recall shall occur in the order set forth in Section 14.05mailing). The Board notification shall contact state the NTT Faculty member job to which the employee is eligible to be recalled and the date and time at his/her last known address to give this notice. It shall be which the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unitreport for work. The NTT Faculty member shall employee is solely responsible for his or her proper address being on record with the Hospital. The employee will have seven (7) calendar days from to respond upon the date receipt of the notice registered letter. Employees on layoff shall be given preference for temporary vacancies in their former status which are expected to inform the Department Chair that s/he accepts the offer exceed sixty (60) working days. An employee who has been recalled to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails such temporary vacancy shall not be required to accept such an offer shall be removed from recall and may instead remain on layoff, without prejudice to recall rights during the recall/re-employment list, and remainder of the Board shall have no further obligation to offer employment to him/herrecall period.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. NTT Faculty members Bargaining unit employees who have been laid off will be placed on a continuing appointment shall have recall or re-employment right list in the inverse order of seniority for a period of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours months from the date of his/her intent layoff. Regular full-time employees shall have recall rights to accept the offer. Acceptance full-time job classification they held at the time of an offer means that the NTT Faculty member is able and willing to start work layoff or a full-time position or, upon request, a part-time position in the position same or lower pay grade, provided they possess the certifications, licenses, knowledge, skill and ability to perform the job. Laid off full-time employees must request to be recalled to part-time positions in writing to the Human Resources Director before the effective date of their layoffs. Regular part-time employees and seasonal employees represented by the Union shall have recall rights to the part-time or seasonal classifications they held at the beginning time of the academic term specified layoff or a part-time or represented seasonal position in the offersame or lower pay grade, provided they have the certifications, licenses, knowledge, skill and ability to perform the job. Laid off part-time employees must request to be recalled to a full-time position, but will be recalled only after eligible full-time employees have been recalled first. Laid off part-time employees must also request to be recalled to full-time positions in writing to the Human Resources Director before the effective date of their layoffs. Employees will be given six (6) months from the date of placement to obtain the required certifications and licenses for the position. If the employee is unable to obtain the certifications and licenses within this period, then the employee shall be laid off and shall be placed on the recall list. Probationary employees shall have no recall rights. Recall rights shall continue for a period of twenty-four (24) months from date of layoff. Recall shall be offered to those employees on the recall list for the job classifications for which they are qualified prior to hiring any new bargaining unit employee(s). Notice of recall shall be made by Certified Mail – Return Receipt Requested and regular mail. Employees shall be responsible for keeping the City informed of their correct address. Failure to respond to such recall notice within thirty (30) calendar days of mailing, shall cause loss of recall rights and separation from employment. Recalled employees shall have two (2) weeks to report to work, unless mutually agreed otherwise. A NTT faculty member laid off part- time employee who requests to be offered a full-time job and declines, shall remain on the recall list. A laid off full- time employee who requests to be offered a part-time job and declines, shall remain on the recall list. A laid off full- time employee who is offered a full-time job and declines shall relinquish all recall rights provided for within this Article and Agreement. A laid off part-time employee who is offered a part-time job and declines, shall relinquish all recall rights provided for within this Article and Agreement. Employees who are recalled to a position they did not hold at an FTE lesser or greater than the status prior to the time of layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/her.will serve a six

Appears in 1 contract

Samples: Agreement

Recall Rights. NTT Faculty members The District, in its discretion, shall determine whether layoffs are necessary. Although not limited to the following, layoffs shall ordinarily be for lack of work and/or lack of funds. If it is determined that layoffs are necessary, educational support employees shall be notified thirty (30) calendar days prior to end of the school year, by certified mail, in accordance with their seniority in their respective job classifications and their ability to perform the remaining work. For the purpose of layoffs the classifications are as follows: Bus Driver (licensed) Food Service Worker (not including food service director) Certified Aides – Special Education o ESL o Early Childhood o Pre-Kindergarten o Instructional o Library Aide Non-certified Aides o Bus Aide o Health Aide o Lunch Aide (playground aide) o Secretarial Aide Custodial/Maintenance Secretary Technology Support An educational support employee laid off from one job classification and who has qualified district seniority over another educational support employee in a different job classification will then bump the position of the least senior educational support employee in that job classification. If more than one employee is eligible to assume a position in a job classification, the most senior may make a selection from the vacancies created by the layoff procedure until all eligible educational support employees have been placed. Any educational support employee moved from one job classification to another due to layoffs, bumping rights, and/or recall shall not receive a reduction in hourly pay. All educational support employees who are laid off shall be placed on a continuing appointment shall have recall or re-employment right for a period of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights list for a period of one (1) year after year. If there is a recall, employees who are still on the effective date recall list shall be recalled in the inverse order of the their layoff. Part-time NTT Faculty members without No new individual will be hired into a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during job classification until all qualified former educational support employees on the recall period, list have had an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/opportunity to be re-employment list is competent and qualified to performemployed. In the event of a lay-off, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall educational support employee will be the responsibility solely of the NTT Faculty member to keep the Unit Head aware compensated 50% of his/her current address and telephone numbernormal daily pay for each unused sick day. If, during If an employee is not recalled prior to the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all start of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, subsequent school year they shall receive compensation on the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the first payroll date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offersubsequent school year. Acceptance of If an offer means that the NTT Faculty member employee is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status recalled prior to the layoff may accept start of the subsequent school year, or reject between the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from start of the recall/re-employment list, subsequent school year and the Board first payroll date, they shall have no further obligation all unused sick days restored. If the employee has been recalled and chooses not to offer employment to him/herreturn, the employee is not eligible for compensation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall Rights. NTT Faculty members on a continuing appointment Teachers in Groupings 3 and 4 who have been honorably dismissed shall have recall rights to any vacancy which occurs for the following school term or rewithin one (1) calendar year from the beginning of the school term following their reduction-employment right in-force. During this recall period, teachers shall be tendered in reverse order of honorable dismissal if any position becomes available, so far as the teacher is qualified to hold such vacant position; provided, however, that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then if the Board has any vacancies for a period of the following school term or within two (2) calendar years after being laid offfrom the beginning of the following school term, the positions so becoming available shall be tendered to the teachers who were so notified and removed or dismissed whenever they are legally qualified to hold such positions. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a Vacancies which must be tendered to honorably dismissed teachers during their period of one (1) year after the effective date of the layoff. Partrecall rights include any full-time NTT Faculty members without a continuing appointment or part-time positions becoming available. Vacancies shall not have recall rightsbe deemed to include, however, any short-term or substitute position of less than sixty (60) days duration. The Board shall not issue a layoff notice To be eligible for recall, the purpose teacher must provide the Superintendent or designee, in writing, and prior to the last day of replacing NTT Faculty members employment, with lower-salaried employees, including graduate assistants and student workersthe address where he or she can be reached. Each unit shall maintain a list Upon the tendering of NTT Faculty members who are laid off pursuant to this Article. If, any vacancy during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member teacher must notify the Department Chair Superintendent or designee of the acceptance of the position in writing within twenty-four ten (2410) hours calendar days of his/her intent receiving, by certified mail, notice of the vacancy. A teacher’s failure to accept notify the offerDistrict of acceptance of a tendered vacancy shall constitute a rejection of the offered position. Acceptance of Any teacher who rejects an offer means that of a full- time vacant position for which he or she is qualified shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacancy becoming available during the NTT Faculty member is able and willing to start work in the position at the beginning remainder of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/herperiod.

Appears in 1 contract

Samples: Professional Agreement

Recall Rights. NTT Faculty members Should an employee, who was offered a position for which is qualified at location at the same salary as previously had, refuse such an offer, all recall rights are lost. Failure to Answer Should a notified employee fail to answer the notice of vacancy within three (3) working days of receipt of notice, all recall rights are lost. Failure to Report Should a notified employee who has accepted a job offer fail to report to work within the stipulated time limits, all rights are lost unless the employee was unavailable for bona fide reasons. Rights Maintained Recall rights will be maintained if an employee offer at a lower group level than previously held. Refusal at Another Location Should a notified employee a position at former salary level in a location other than the one from which was laid-off, name will be removed from the recall list of that other location. Xxxx Xxxx persons from outside the bargaining unit can be employed in the unit until all employees have had the opportunity to exercise their right of reinstatement. Notice of recall shall be sent to all qualified employees. A registered letter or receipted will be sent to all laid-off employees who are qualified. An internal letter (signed for by the employee) shall be sent to employees still on staff. Time limits start only the day after the employee signs that he has received the notice The right of shall be in order of Corporation seniority. Employees have until the close of business of the third (3rd) working day the signed receipt of the notice (excluding the day of receipt) to advise the Corporation if they to be considered for recall. Employees who accept a continuing appointment shall have recall or re-must report within thirty (30) calendar days the. date of acceptance arrangements are agreed mutually by the employee and the Corporation. Employees accepting employment right for a period at another location be paid relocation expenses as per Article The Union, at the Local and National Level, will be copied on all permanent employment offers and confirmation of two (2) years after being laid offpermanent employment. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period Recall will be on the basis of step in scale of the job offered which recognizes the employee’s seniority if the employee has one (1) year after or more of Corporation seniority; otherwise, the effective date employee may be recalled at the hiring rate of the layoffjob is offered. Part-time NTT Faculty members without June Temporary Work Whenever affected employees should be considered, on a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice seniority basis, for any temporary assignments, if they meet the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position. For the duration of these temporary assignments, recall shall occur in affected employees will maintain their regular status and lay-off will be deferred until such time as the order set forth in Section 14.05. The Board shall contact assignment is and no other alternate assignment is found, or no time continuing work is available for which the NTT Faculty member at his/her last known address to give this noticequalifies. It shall be is the employee’s responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts Corporation and the offer to take Union of address, telephone number and employee number. No persons from outside the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work bargaining unit can be employed in the position at unit until employees have had the beginning opportunity to exercise their right of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/herreinstatement.

Appears in 1 contract

Samples: Of Agreement

Recall Rights. NTT Faculty members (a) An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the job, after such opening is filled on a continuing appointment regular basis under the job posting procedure. In the event a full- time employee suffers a reduction of hours as a result of layoffs and to part-time status, and a full-time position becomes available, the fulltime employee has the first right of acceptance of the full-time position available before any part-time employee is recalled from lay-off. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable or unqualified to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work within ten (10) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies, which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall or reand may instead remain on lay-employment right off. This provision supersedes the job posting provision. A laid off employee shall retain the rights of recall for a period of two thirty-six (236) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours of his/her intent to accept the offer. Acceptance of an offer means that the NTT Faculty member is able and willing to start work in the position at the beginning of the academic term specified in the offer. A NTT faculty member who is offered a recall at an FTE lesser or greater than the status prior to the layoff may accept or reject the recall offer without waiving rights or priority to his/her original FTE status. In any other case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/re-employment list, and the Board shall have no further obligation to offer employment to him/hermonths.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. NTT Faculty members An employee shall have opportunity of recall from a lay-off to an available opening, in order of senior- ity, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a continuing appointment regular basis under ajob post- ing procedure. The posting procedure in the Collec- tive Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different clas- sification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holi- days) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work within ten (10)working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall or reand may instead remain on lay-employment right off. This provision supersedes the job posting provision. A laid off employee shall retain the rights of recall for a period of two (2) years after being laid off. Full-Time NTT Faculty members without a continuing appointment, shall have recall or re-employment rights for a period of one (1) year after the effective date of the layoff. Part-time NTT Faculty members without a continuing appointment shall not have recall rights. The Board shall not issue a layoff notice for the purpose of replacing NTT Faculty members with lower-salaried employees, including graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members who are laid off pursuant to this Article. If, during the recall period, an assignment in the Unit becomes available whose duties an NTT Faculty member on the recall/re-employment list is competent and qualified to perform, the Board shall notify the NTT Faculty member of the offer of employment in the open assignment. If more than one NTT Faculty member on the list is competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. The Board shall contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of the NTT Faculty member to keep the Unit Head aware of his/her current address and telephone number. If, during the period an NTT Faculty member has been laid off and has recall or re-employment rights under this Section, a Unit is divided in to two or more Units, then the laid off employee shall have recall rights in all of the Units. If a Unit in which an NTT faculty member holds continuing status is merged with another unit, the laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (7) days from the date of the notice to inform the Department Chair that s/he accepts the offer to take the assignment, provided however, if the Board gives the notice within two (2) weeks of the beginning of the academic term, the NTT Faculty member must notify the Department Chair within twenty-four (24) hours months. NOTE For purposes of his/her intent layoff and recall, full-time and part-time seniority will be deemed to accept the offerbe merged. Acceptance of an offer means It is understood and agreed that the NTT Faculty member is able and willing to start work in the position at the beginning if a part- time employee bumps a full-time employee as part of the academic term specified in above-noted procedure, the offerpart-time employee is accepting the full-time position only. A NTT faculty member who It is offered understood and agreed that if a recall at an FTE lesser or greater than full-time employee bumps a part-timeemployee as part of the status prior to above-noted procedure, the layoff may accept or reject full-time employee is accepting the recall offer without waiving rights or priority to his/her original FTE statuspart-time position only. In any other caseFor these purposes, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall/reI year full-employment list, and the Board shall have no further obligation to offer employment to him/hertime seniority = hours part-time seniority.

Appears in 1 contract

Samples: Collective Agreement

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