Common use of Continuing Status Clause in Contracts

Continuing Status. 46 1. The probationary period for newly hired Classified Unit employees shall be one hundred and 47 twenty (120) working days beginning the first day the employee reports for work. 48 Terminations shall not be subject to the grievance/arbitration articles. When a promotion 49 occurs the probation shall also be for 120 working days. 50 2. After satisfactory completion of the probationary period, the newly hired Classified ▇▇▇▇ ▇▇ employee will be employed on an annual basis by the School Board. At the expiration of this 52 annual employment there will be no guarantee of a position for the coming year. If the 53 position will be available for the next year, the employee may be considered for another year. 54 If his/her services are non-renewed, he/she shall be notified in writing, of his/her employment 55 status by June 1 for eleven (11) month and twelve (12) month employees and by May 1 for all 56 other employees. Such notices shall include the reasons for non-renewal. The employee shall 57 have the right to appeal this decision to the Superintendent whose decision shall be final. 58 3. After serving three (3) consecutive satisfactory years on an annual basis, full-time Classified 59 Unit employees recommended by the Superintendent and approved by the School Board shall 60 be known as continuing employees whose status shall continue from year to year. Classified 61 Unit employees meeting the criteria as stated in this paragraph as of July 1, 1994, shall be 62 granted continuing status except when their last "overall evaluation" rating was "below 63 average" or if they have received any written reprimands or warnings between July 1, 1993 64 and July 1, 1994, they shall serve a 120 working day probationary period from the date of 65 ratification of this agreement between both parties. After the successful completion of this 66 probationary period, they will be given either the annual status provided by paragraph 2 or 67 continuing status provided by paragraph 3, depending on the employee's length of service. 68 4. If an annual or a continuing status employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position and the employee's former position is filled, the employee will be transferred to a vacant position for which he/she qualifies. If no such position is available, then the employee shall be considered laid off with recall rights under paragraph D of this article. The determination of whether the employee satisfactorily completes the promotion probation period shall not be subject to the grievance/arbitration procedure. 5. After a probationary period as defined above, the Board and/or its representatives may discharge an employee at any time, however, except as provided in paragraph 2, the Board must show just cause for such discharge. 6. The following procedure shall be used for suspension with intent to dismiss for just cause as described in paragraph 5 rather than the Grievance Arbitration Procedure outlined in this contract. This procedure is not available to probationary employees. a. Any member of the Classified Unit may be dismissed by the School Board during his/her term of appointment, when a recommendation for dismissal is made by the Superintendent, for just cause. Just Cause shall include: 1. Insubordination 2. Neglect of duty 3. Absence without leave 4. Unsatisfactory work performance 5. Misuse of School Board property or equipment 6. Violation of School Board Policy and/or Rules which the Board shall have the unilateral right to establish. b. Prior to making a recommendation for dismissal, the Superintendent/Designee shall investigate the charges or reasons for the proposed action and conduct an informal hearing at which time the employee, and/or his/her designee, shall have an opportunity to refute the charges or provide additional information or evidence. c. The Superintendent and/or his/her designee is authorized to suspend with intent to dismiss, an employee until the next regular or special meeting of the Board. The School Board shall be notified immediately of such suspension. d. An evidentiary hearing shall be held prior to taking final action on the Superintendent's recommendation. The Board shall have the option to conduct the evidentiary hearing or have the hearing conducted by a hearing officer who shall make a recommendation to the Board in accordance with Chapter 120.57 F.S. e. No member of the Classified Unit may be dismissed except by action of the School 100 101 102 103 104 Board. 7. Nothing herein shall be interpreted as restricting the Superintendent/designee from imposing a lesser discipline penalty than discharge. 8. Paragraph F does not apply to employees who are laid off or who abandon their jobs under the provisions of this contract. 9. Should the 1994 law passed by the legislature amending F. S. §231.3605 and establishing certain rights for educational support employees be modified, amended or repealed by the Legislature or court action this section of Article XIII shall immediately become open and the parties shall begin negotiations in regard to this section within thirty (30) days of such action.

Continuing Status. 46 1. The probationary period for newly hired Classified Professional/Technical Unit employees shall be one on hundred and 47 twenty (120) working days beginning the first day the employee reports for to work. 48 Terminations shall not be subject to the grievance/arbitration articles. When a promotion 49 occurs the probation shall also be for 120 working days. 50. 2. After satisfactory completion of the probationary period, the newly hired Classified ▇▇▇▇ ▇▇ Professional/Technical Unit employee will be employed on an annual basis by the School Board. At the expiration of this 52 annual employment there will be no guarantee of a position for the coming year. If the 53 position will be available for the next year, the employee may be considered for another year. 54 If his/her services are non-renewed, he/she shall be notified in writing, of his/her employment 55 status by June 1 for eleven (11) month and twelve (12) month employees and by May 1 for all 56 other employees. Such notices shall include the reasons for non-renewal. The employee shall 57 have the right to appeal this decision to the Superintendent whose decision shall be final. 58. 3. After serving three (3) consecutive satisfactory years on an annual basis, full-full time Classified 59 Profession/Technical Unit employees recommended by the Superintendent and approved by the School Board shall 60 be known as continuing employees whose who status shall continue from year to year. Classified 61 Professional/Technical Unit employees meeting the criteria as stated in this paragraph as of July 1, 1994, shall be 62 granted continuing status except when their last "overall evaluation" rating was "below 63 average" or if they have received any written reprimands or warnings between July 1, 1993 64 and July 1, 1994, they shall serve a 120 working day probationary period from the ratification date of 65 ratification of this agreement between both parties. After the successful completion of this 66 probationary period, they will be given either the annual status provided by paragraph 2 or 67 continuing status provided by paragraph 3, depending on the employee's length of service. 68assignment. 4. If an annual or a continuing status employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position and the employee's ’s former position is filled, the employee will be transferred to a vacant position for which he/she qualifies. The probationary period for promotion is ninety (90) working days. If no such position is available, then the employee shall be considered laid off with recall rights under paragraph D C of this article. The determination of whether the employee satisfactorily completes the promotion probation period shall not be subject to the grievance/arbitration procedure. 5. After a the probationary period as defined above, the Board and/or its representatives may discharge an employee at any time, however, except as provided in paragraph 2, the Board must show just cause for such discharge. 6. The following procedure shall be used for suspension with intent to dismiss for just cause as described in paragraph 5 rather than the Grievance Arbitration Procedure outlined in this contract. This procedure is not available to probationary employees. a. Any member of the Classified Unit may be dismissed by the School Board during his/her term of appointment, when a recommendation for dismissal is made by the Superintendent, for just cause. Just Cause shall include: 1. Insubordination 2. Neglect of duty 3. Absence without leave 4. Unsatisfactory work performance 5. Misuse of School Board property or equipment 6. Violation of School Board Policy and/or Rules which the Board shall have the unilateral right to establish. b. Prior to making a recommendation for dismissal, the Superintendent/Designee shall investigate the charges or reasons for the proposed action and conduct an informal hearing at which time the employee, and/or his/her designee, shall have an opportunity to refute the charges or provide additional information or evidence. c. The Superintendent and/or his/her designee is authorized to suspend with intent to dismiss, an employee until the next regular or special meeting of the Board. The School Board shall be notified immediately of such suspension. d. An evidentiary hearing shall be held prior to taking final action on the Superintendent's recommendation. The Board shall have the option to conduct the evidentiary hearing or have the hearing conducted by a hearing officer who shall make a recommendation to the Board in accordance with Chapter 120.57 F.S. e. No member of the Classified Unit may be dismissed except by action of the School 100 101 102 103 104 Board. 7. Nothing herein shall be interpreted as restricting the Superintendent/designee from imposing a lesser discipline penalty than discharge. 8. Paragraph F Continuing Status does not no apply to employees who are laid off or who abandon their jobs under the provisions of this contract. 97. Should the 1994 law passed Continuing contract status does not apply to managers. Managers remain on annual contract. If a manager is non-renewed, he/she shall be notified in writing, of their employment status by the legislature amending F. S. §231.3605 June 1 for eleven (11) and establishing certain rights twelve (12) month employees and by May 1 for educational support employees be modified, amended or repealed by the Legislature or court action this section of Article XIII shall immediately become open and the parties shall begin negotiations in regard to this section within thirty (30) days of such actionall other employees.

Continuing Status. 46 1. The probationary period for newly hired Classified Unit employees shall be one hundred and 47 twenty (120) working days beginning the first day the employee reports for work. 48 Terminations shall not be subject to the grievance/arbitration articles. When a promotion 49 occurs the probation shall also be for 120 working days. 50. 2. After satisfactory completion of the probationary period, the newly hired Classified ▇▇▇▇ ▇▇ Unit employee will be employed on an annual basis by the School Board. At the expiration of this 52 annual employment there will be no guarantee of a position for the coming year. If the 53 position will be available for the next year, the employee may be considered for another year. 54 If his/her services are non-renewed, he/she shall be notified in writing, of his/her employment 55 status by June 1 for eleven (11) month and twelve (12) month employees and by May 1 for all 56 other employees. Such notices shall include the reasons for non-renewal. The employee shall 57 have the right to appeal this decision to the Superintendent whose decision shall be final. 58. 3. After serving three (3) consecutive satisfactory years on an annual basis, full-time Classified 59 Unit employees recommended by the Superintendent and approved by the School Board shall 60 be known as continuing employees whose status shall continue from year to year. Classified 61 Unit employees meeting the criteria as stated in this paragraph as of July 1, 1994, shall be 62 granted continuing status except when their last "overall evaluation" rating was "below 63 average" ” or if they have received any written reprimands or warnings between July 1, 1993 64 and July 1, 1994, they shall serve a 120 working day probationary period from the date of 65 ratification of this agreement between both parties. After the successful completion of this 66 probationary period, they will be given either the annual status provided by paragraph 2 or 67 continuing status provided by paragraph 3, depending on the employee's length of service. 68 4. If an annual or a continuing status employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position and the employee's former position is filled, the employee will be transferred to a vacant position for which he/she qualifies. If no such position is available, then the employee shall be considered laid off with recall rights under paragraph D of this article. The determination of whether the employee satisfactorily completes the promotion probation period shall not be subject to the grievance/arbitration procedure. 5. After a probationary period as defined above, the Board and/or its representatives may discharge an employee at any time, however, except as provided in paragraph 2, the Board must show just cause for such discharge. 6. The following procedure shall be used for suspension with intent to dismiss for just cause as described in paragraph 5 rather than the Grievance Arbitration Procedure outlined in this contract. This procedure is not available to probationary employees. a. Any member of the Classified Unit may be dismissed by the School Board during his/her term of appointment, when a recommendation for dismissal is made by the Superintendent, for just cause. Just Cause shall include: 1. Insubordination 2. Neglect of duty 3. Absence without leave 4. Unsatisfactory work performance 5. Misuse of School Board property or equipment 6. Violation of School Board Policy and/or Rules which the Board shall have the unilateral right to establish. b. Prior to making a recommendation for dismissal, the Superintendent/Designee shall investigate the charges or reasons for the proposed action and conduct an informal hearing at which time the employee, and/or his/her designee, shall have an opportunity to refute the charges or provide additional information or evidence. c. The Superintendent and/or his/her designee is authorized to suspend with intent to dismiss, an employee until the next regular or special meeting of the Board. The School Board shall be notified immediately of such suspension. d. An evidentiary hearing shall be held prior to taking final action on the Superintendent's recommendation. The Board shall have the option to conduct the evidentiary hearing or have the hearing conducted by a hearing officer who shall make a recommendation to the Board in accordance with Chapter 120.57 F.S. e. No member of the Classified Unit may be dismissed except by action of the School 100 101 102 103 104 Board. 7. Nothing herein shall be interpreted as restricting the Superintendent/designee from imposing a lesser discipline penalty than discharge. 8. Paragraph F does not apply to employees who are laid off or who abandon their jobs under the provisions of this contract. 9. Should the 1994 law passed by the legislature amending F. S. §231.3605 and establishing certain rights for educational support employees be modified, amended or repealed by the Legislature or court action this section of Article XIII shall immediately become open and the parties shall begin negotiations in regard to this section within thirty (30) days of such action.