Common use of Forced Transfer Clause in Contracts

Forced Transfer. A forced transfer employee is identified as one, whose position has been eliminated, is substantially reduced, or whose duties have been substantially changed. The District will deliver written notices to employees who are in a position which is being eliminated or reduced (forced transferred) via e-mail and through U.S. Mail ten (10) days prior to implementation. If an employee is in a position which is being eliminated or reduced (forced transferred) and based on their seniority they will be laid-off, the layoff supersedes the forced transfer. At a date to be determined each year, all employees who have received forced transfer notices, shall receive notice of a special closed posting which will be open for bids. After May 1, all new or vacated positions shall be held for the special closed posting if the District has determined that forced transfers are likely to take place. Forced Transferred employees will be required to bid on open positions posted during this special closed posting. Forced Transferred employees must bid on at least one position for which they are qualified. Failure to do so will cause the employee to be placed in an available position and forfeiture of his/her forced transfer rights to maintain pay under this section. The administration will use the qualifications and skill questionnaire and testing if appropriate, to assist in determining knowledge and/or skills needed for placement. (See Article 14 Section 1 regarding qualifications.) When members of the Association are deemed as "Forced Transfer" these employees will have priority placement in order of seniority over voluntary transfers.