Involuntary Transfer Procedure Sample Clauses
The Involuntary Transfer Procedure clause outlines the steps and requirements that must be followed when a party's interest in an agreement or asset is transferred without their voluntary consent, such as through bankruptcy, death, or legal compulsion. Typically, this clause details notification obligations, rights of first refusal for remaining parties, or mandatory buyout provisions to ensure a smooth transition of interests. Its core function is to provide a clear, fair process for handling unexpected changes in ownership or participation, thereby protecting the interests of all parties and maintaining stability within the agreement.
Involuntary Transfer Procedure. The decision to transfer shall be made in accordance with the needs of the school district. The needs of the district, as determined by the Superintendent, shall be the most substantial determiner of the transfer; however, the employees' credentials shall also be considered in the transfer decision. This change shall be made known to the teacher, in writing, as soon as possible and at least fourteen (14) days prior to the opening of school for the next school year unless mutually agreed by the teacher and administration. However, for increased enrollment situations, the fourteen (14) day notice shall be waived.
Involuntary Transfer Procedure. 071 Notice of Intent to Implement Involuntary Transfer
Involuntary Transfer Procedure. Although the Board and the SEA recognize that some transfers of unit members from one school to another are unavoidable, they also recognize that frequent transfers of unit members are disruptive to the educational process and interfere with optimum unit member performance. Therefore, they agree as follows:
(1) Refer to Board Policy 4114 regarding pre-tenure unit member transfers.
(2) When a reduction in the number of unit members in a school is necessary, volunteers shall be transferred first. The Superintendent may choose not to grant requests for voluntary transfer for any teachers in the Assistance Stage of the evaluation process.
(3) When involuntary transfers are necessary, length of service in the school system (followed by grade level seniority) shall be a major factor in determining which unit member is to be transferred. Unit members being involuntarily transferred will be transferred only to a comparable position, and effort will be made to place the unit member in a comparable program. An involuntary transfer shall be made only after a meeting between the unit member involved and the Superintendent or his designee, at which time the unit member shall be notified, in writing, of the reason for the transfer. If the unit member so requests, an SEA representative may be present at this meeting.
(4) A list of current open positions in other schools shall be made available to all unit members being involuntarily transferred and all things being equal, preference shall be given in filling such positions on the basis of length of service in the Stamford School System.
(5) Notice of transfer shall be given to unit members as soon as practicable and under normal circumstances no later than June 1st.
(6) Exceptions to the provisions of Sections 1, 2, 3, 4 and/or 5 above may be made only if the Superintendent of Schools determines that it is necessary to do so in the best interests of the unit member(s) and/or school(s) affected. The Superintendent’s decision shall be final.
Involuntary Transfer Procedure. Normally, the procedure for processing involuntary transfers, excluding transfers for unsatisfactory work, shall be the following:
Involuntary Transfer Procedure. A. If no Unit Member requests or is transferred to the posted vacant position, the Superintendent may transfer an Unit Member to the vacant position.
B. No Unit Member shall be involuntarily transferred in an arbitrary manner or for disciplinary reason(s).
Involuntary Transfer Procedure. In the event that the Board has determined that a vacancy shall be filled by a transfer of an employee other than from a request on file pursuant to Voluntary Transfer Procedure in Article XXII, or in the event that the Board shall determine that any other change or transfer in grade or subject assignment or building or classroom is necessary, the Board shall notify the transferee of its intended action within three (3) calendar days of its decision. Thereafter, the transferee, may within three (3) working days, request in writing a hearing before the Board. If a hearing is requested, it shall be held prior to any final action by the Board on the transfer. The decision of the Board after said hearing shall be final. Involuntary transfers shall not be made for wholly arbitrary and wholly capricious reasons. Should any grievance ever be pursued to arbitration under this paragraph, the authority of the arbitrator shall be limited to deciding only whether there was lacking any non-arbitrary, non-capricious rationale for the transfer, and the arbitrator shall not be empowered to order any remedy should he/she find any such rationale not to exist.
Involuntary Transfer Procedure. The District and the Association recognize that from time to time, involuntary transfers become necessary. It is agreed, that under normal circumstances, involuntary transfers should be held to a minimum. Involuntary transfer, as it relates to this policy, shall mean a District initiated transfer from one school to another that becomes necessary due to enrollment decline or program change.
Involuntary Transfer Procedure. 1. An involuntary transfer is a transfer initiated by the administration without the involved unit member's approval, which results in the movement of that unit member from one (1) work site to another while remaining in the same classification.
2. Involuntary transfers may be made at any time during the year providing that the voluntary transfer procedure has been exhausted.
3. When the voluntary transfer procedure has been exhausted and none of the unit members who are eligible respond affirmatively and an involuntary transfer is necessary, the district shall consider the following criteria:
a. Qualifications and experience lateral
b. All required criteria being equal, least district seniority
c. Copies of all correspondence to unit members affected regarding involuntary transfers shall be shared via district email or shared electronic drive to all employees and the union.
d. Written notice of each involuntary transfer shall be given to each unit member being transferred seven (7) working days after the voluntary transfer procedures have been exhausted.
e. If the reassigned unit member's most recent evaluation is negative, the unit member shall serve a probationary period of six (6) months in the new position.
Involuntary Transfer Procedure a. If no qualified bargaining unit member requests the vacant position, the Board may request a bargaining unit member to accept an involuntary transfer.
b. No bargaining unit member shall be involuntarily transferred in an arbitrary or capricious manner or for disciplinary reason(s).
c. Involuntary transfers should only be used when a position is being eliminated and the bargaining unit member's only other option is to go through a reduction in force, or when the nature of the position requires the skill set possessed by the particular bargaining unit member. When possible, the least senior bargaining unit member should be the one required to make the involuntary transfer.
d. Any employee involuntarily transferred shall be given written reason(s) for such transfer.
Involuntary Transfer Procedure. An involuntary transfer is one requested by the administration without the unit member's approval which results in the movement of the unit member from one (1) school site to another. Involuntary transfers can only be invoked for the two following reasons:
1. In a school where the need for a staff reduction has been demonstrated.
a. No such transfer shall occur except when the voluntary transfer procedure has been exhausted.
b. All unit members in the affected school shall be notified in writing by the employer describing such a need. Said notification shall include description of vacancies in other schools. Unit members in the affected school may volunteer to transfer and shall be given priority in filling such vacancies. In cases where more than the necessary number volunteer, seniority shall prevail except as specified in the Voluntary Transfer Procedure.
c. When the voluntary transfer procedure has been exhausted and none of the unit members in the affected school who are eligible respond affirmatively and an involuntary transfer is necessary, the district shall consider the following criteria:
i. Major and minor fields of a unit member's preparation, teaching and/or work experience.
ii. Demonstrated need for staff reduction within a school or department due to enrollment change of 32 students or more.
iii. Inverse seniority in the district.
d. Written notice of each involuntary transfer shall be given to each unit member being transferred five (5) working days after the voluntary transfer procedures have been exhausted.
2. In a school where there is a demonstrated need for a change in the educational environment.
a. No such transfer shall occur unless:
i. Timely evaluations (a minimum of two (2)) are on record which have delineated the specific conditions supporting the demonstrated need for a change in educational environment, and
ii. A program for remediation based on the issues raised in the unit member's evaluation has been offered, implemented and documented by the administration that shortcomings still exist.
b. Evaluations which document substantial improvement based on the issues raised in the evaluations may not be used in demonstrating need for change in educational environment.
c. Copies of all documentation, including evaluations and the remedial process shall be forwarded to the unit member and the Union.