Common use of Recall Rights Clause in Contracts

Recall Rights. 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 so removed or released from that category of position. In a 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the 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 have waived his/her recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become available during the recall period.

Appears in 3 contracts

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

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Recall Rights. If 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 has any vacancies shall not issue a layoff notice for the following school term or within one calendar year from the beginning purpose of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the staff replacing NTT Faculty members so removed or released from that category of position. In a 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the requirements for the position, as stated in the job description for the positionwith lower-salaried employees, including any prerequisites established by the Board for staff graduate assistants and student workers. Each unit shall maintain a list of NTT Faculty members in the particular category of positionwho are laid off pursuant to this Article. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to any position vacancy arising in such category If, during the recall period. An ", an assignment in the Unit becomes available position" or "vacancy" shall include any regular fullwhose duties an NTT Faculty member on the recall/re-time educational support position which employment list is competent and qualified to perform, the Board determines 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 available within a specific category competent and qualified to perform the duties of the position, recall shall occur in the order set forth in Section 14.05. Any substitute, short-term, temporary or other position which is not available on a regular full-time basis shall not be considered an "available position" or "vacancy." The Board shall notify staff members contact the NTT Faculty member at his/her last known address to give this notice. It shall be the responsibility solely of reemployment through phone call 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 through email sent to the staff member’s personal email address on filelaid off employee shall have recall rights in all of the Units. If such staff members do not notify a Unit in which an NTT faculty member holds continuing status is merged with another unit, the School District within ten laid- off employee shall have recall rights in the merged unit. The NTT Faculty member shall have seven (107) calendar days from the date of email 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 such notice that they will report for work on the date specifiedbeginning of the academic term, 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 the NTT Faculty member must notify the Board Department Chair within twenty-four (24) hours 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 have waived 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 under Section 10-23.5 of The School Code and will no longer be eligible for or priority to his/her original FTE status. In any other vacant positions that become available during case, an NTT Faculty member who declines or fails to accept such an offer shall be removed from the recall periodrecall/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

Recall Rights. If When applicable, this section shall take precedence over Section 3.4, Vacancies, of this Agreement. Any regular employee who is terminated from employment for other than cause (or resignation) will be given preference in the Board has filling of any subsequent job vacancies with the Employer for a period of one (1) year, provided that the following school term or within one calendar year from employee is qualified for a vacant position. The Bid Committee will determine if an employee meets the beginning of the following school termqualifications required to exercise this preferential right. Recall shall be based upon company-wide seniority, the positions thereby becoming available within and filling a specific category of vacancy for a temporary position shall be tendered to not change or extend the staff members so removed or released from that category length of position. In time a 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the 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 have waived his/her laid off employee has recall rights under this Agreement. 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 103.4.3 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 reduction in force or layoff shall have the right to return to their previous classification and/or work location if a vacancy occurs within a two-23.5 year period of The School Code 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 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 priority for employment at such other facilities consistent with qualifications and in the event of transfer to such other facilities, will no longer be eligible for any other vacant positions that become available during retain their accrued service credit with the recall periodEmployer and “time of employment under the collective bargaining agreement.” Employees shall also retain their accrued “time in the classification” if the employee does not change classification in the transfer.

Appears in 2 contracts

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

Recall Rights. 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 a) An employee shall be tendered to the staff members so removed or released from that category of position. In a 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver opportunity of recall rights a lay-off to any position vacancy arising an available opening, in such category during order of seniority, provided he or shehas the recall period. An "available position" or "vacancy" shall include any regular full-time educational support position which the Board determines ability and to performthe work before an opening is available within a specific category of position. Any substitute, short-term, temporary or other position which is not available filled on a regular full-time 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 considered an "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 position" or "vacancy." work. The Board Employer shall notify staff members the employee of reemployment through phone call and then through email sent recall opportunityby Registered Mail, addressed to the staff member’s personal email last address on filerecord with the Employer. If such staff members do not 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 School District within ten Employer of her intent to assume or the position five (105) calendar days from the date of email of such notice that they will report for work on the 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 notify the Board of acceptance of any vacancy shall constitute rejection receipt of the offer Registered letter. Receipt 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 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-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 eighteen (1 8) months. For purposes of lay-off and recall, and part-time senioritywill be deemed to be merged. Accordingly, one (1) year full-time seniority hundred (1 500) hours' part-time seniority. An employee recalled to work in a different classification which he or she was laid off shall have waived his/the privilege of returning to the classification which was held prior to the lay-off should a permanent position become vacant within nine (9) months of being recalled. This shall only apply everyone qualified has been recalled. An employee who has been displaced into a differentclassification shall have the privilege of to 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 is not qualified to work in the position they are being recalled to. An employee may elect to the opportunity to return to her recall original classification. It is understood that in doing so, such employee forfeits the rights provided for under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become available during this Article. Employees whose hours have been reduced shall have the opportunity to increase their hours to the number they were at prior to the reduction, before activating the recall periodprocedure. If the employee opts not to exercise right under these provisions, forfeits any entitlement to have her hours reinstated. Grievances on Lay-offs Grievances concerning layoffs due to a reduction in the force shall be initiated at Step of the Grievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. 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 the Board has any vacancies for the following school term or within one it is determined that layoffs are necessary, educational support employees shall be notified thirty (30) calendar year from the beginning days prior to end of the following school termyear, by certified mail, in accordance with their seniority in their respective job classifications and their ability to perform the positions thereby becoming available within a specific category remaining work. For the purpose of position shall be tendered to layoffs the staff members so removed or released 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 that category of position. In a recall situation, if some people have been recalled from a given category of position one job classification and a position becomes available who has qualified district seniority over another educational support employee in a different category job classification will then bump the position of positionthe 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 Board at its sole discretion most senior may offer that available position 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 recall list for a period of one (1) year. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. No new individual will be hired into a job classification until all qualified former educational support employees on the recall list have had an opportunity to be re-employed. In the event of a lay-off, the educational support employee will be compensated 50% of his/her normal daily pay for each unused sick day. If an employee is not recalled prior 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 not be grieved. To be "qualified" for a position, a staff member must meet all start of the requirements for subsequent school year they shall receive compensation on the position, as stated in first payroll date of the job description for the position, including any prerequisites established by the Board for staff members in the particular category of positionsubsequent school year. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 If an employee 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent recalled prior to the staff member’s personal email address on file. If such staff members do not notify start of the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the date specifiedsubsequent school year, or give reasonable between the start of the subsequent school year and acceptable reasons for unavoidable delay beyond such timethe first payroll date, they shall be considered as having resigned have all unused sick days restored. If the employee has been recalled and all seniority shall be terminated. The staff member's failure chooses not to notify return, the 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 employee is qualified shall be deemed to have waived his/her recall rights under Section 10-23.5 of The School Code and will no longer be not eligible for any other vacant positions that become available during the recall periodcompensation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall Rights. If Should an employee, who was offered a position for which is qualified at location at the Board 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 any vacancies 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 following school term or within one calendar year from which was laid-off, name will be removed from the beginning 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 following school termthird (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 recall must report within thirty (30) calendar days the. date of acceptance arrangements are agreed mutually by the employee and the Corporation. Employees accepting employment 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 permanent employment. 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 or more of Corporation seniority; otherwise, the positions thereby becoming available within employee may be recalled at the hiring rate of the job is offered. June Temporary Work Whenever affected employees should be considered, on a specific category of position shall be tendered to the staff members so removed or released from that category of position. In a recall situationseniority basis, for any temporary assignments, if some people have been recalled from a given category they meet the 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 For the Board and/or its administration shall not duration of these temporary assignments, affected employees will maintain their regular status and lay-off will be grieveddeferred until such time as the assignment is and no other alternate assignment is found, or no time continuing work is available for which the qualifies. To It is the employee’s responsibility to inform the Corporation and the Union of address, telephone number and employee number. No persons from outside the bargaining unit can be "qualified" for a position, a staff member must meet all of the requirements for the position, as stated employed in the job description for unit until employees have had the position, including any prerequisites established by the Board for staff members in the particular category opportunity to exercise their right of position. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancyreinstatement." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the 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 have waived his/her recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become available during the recall period.

Appears in 1 contract

Samples: Of Agreement

Recall Rights. If 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 within one (1) calendar year from the beginning of the school term following their reduction-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 the following school term or within one two (2) calendar year years from the beginning of the following school term, the positions thereby so becoming available within a specific category of position shall be tendered to the staff members teachers who were so notified and removed or released from that category dismissed whenever they are legally qualified to hold such positions. Vacancies which must be tendered to honorably dismissed teachers during their period of positionrecall rights include any full-time or part-time positions becoming available. In a 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 Vacancies shall not be grieveddeemed to include, however, any short-term or substitute position of less than sixty (60) days duration. To be "qualified" eligible for a positionrecall, a staff member the teacher must meet all provide the Superintendent or designee, in writing, and prior to the last day of employment, with the requirements for address where he or she can be reached. Upon the position, as stated in the job description for the position, including tendering of any prerequisites established by the Board for staff members in the particular category of position. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not teacher must notify the School District Superintendent or designee of the acceptance of the position in writing within ten (10) calendar days from of receiving, by certified mail, notice of the date of email of such notice that they will report for work on the 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 terminatedvacancy. The staff member's A teacher’s failure to notify the Board District of acceptance of any a tendered vacancy shall constitute a rejection of the offer of employmentoffered position. Any staff member teacher who rejects an offer of an available full-a full- time vacant position in any category of position in for which he/he or she is qualified shall be deemed to have waived his/his or her recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become vacancy becoming available during the remainder of the recall period.

Appears in 1 contract

Samples: Professional Agreement

Recall Rights. If An employee shall have the Board 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 regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has any vacancies been completed. In determining the ability and qualifications of an employee to perform the work for the following school term or within one calendar year from the beginning purposes of the following school termparagraphs above, the positions thereby becoming available within a specific category of position Employer shall be tendered not act in an arbitrary or unfair manner. An employee recalled to the staff members so removed or released from that category of position. In a recall situation, if some people have been recalled from a given category of position and a position becomes available work in a different category classification from which they were laid off shall have the privilege of position, the Board at its sole discretion may offer that available position returning to the Released ESP if position held prior to the Board deems layoff should it become vacant within twelve (12) months of being recalled, provided the individual is most suitable 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 the positiontemporary vacancies within classifications which they are qualified and capable to perform, which are expected to exceed twenty (20) days of work. This decision by the Board and/or its administration An employee who has been recalled to such temporary vacancy shall not be grievedrequired to accept such recall and may instead remain on layoff. To be "qualified" This provision supercedes the job posting provision. A laid off employee shall retain the rights of recall for a positionperiod of four (24) months. In the event that a layoff commenced on the day immediately following a paid holiday, a staff member must meet all of the requirements an employee otherwise qualified 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 holiday pay shall not be considered an "available position" or "vacancy." The Board shall notify staff members disentitled thereto solely because of reemployment through phone call and then through email sent to the staff member’s personal email address day on filewhich the layoff commenced. If such staff members do not notify It is the School District within ten (10) calendar days from sole responsibility of the date of email of such notice that they will report for work on the 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 employee who has been laid off to notify the Board Employer of acceptance their intention to return to work within five (5) working days (exclusive of any vacancy shall constitute rejection of Saturdays, Sundays, and Paid Holidays) after being notified to do so by registered mail, addressed to the offer of employment. Any staff member who rejects an offer of an available full-time position in any category of position in last address on record with the Employer (which he/she is qualified notification shall be deemed to have waived his/her recall rights under Section 10-23.5 been received on the second day following the date of mailing) and to return to work within ten working days after being notified. The School Code notification shall state the job to which the employee is eligible to be recalled and will no longer be eligible the date and time at which the employee shall report for any other vacant positions that become available during work. The employee is solely responsible for their proper address being on record with the recall periodEmployer.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. If the Board has any vacancies Any laid-off employee shall have a right of recall for the following school term or within one calendar year two (2) years from the beginning of the following school term, year that the positions thereby becoming available within a specific category of position lay-off takes effect. Recall shall be tendered to in inverse order of the staff members so removed or released from that category of position. In a recall situation, if some people have been recalled from a given category of position reduction-in-force within the council and a position becomes available in a different category of position, if applicable, where the Board at its sole discretion may offer that available position to reduction-in-force occurred with the Released ESP if most senior employee in the Board deems the individual is most suitable affected category recalled first. An employee’s scheduled salary increase, accumulated sick and personal leave, vacation entitlements for the position. This decision by the Board and/or its administration twelve (12) month employees and seniority shall not be grievedaffected if recalled during this two (2) year period of time. To In no case shall a new employee be "qualified" employed by the employer while there are laid-off bargaining unit members who are qualified for a vacant or newly-created position. The employee must notify the Human Resources Department of his/her availability for a new position, a staff member must meet all 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 requirements lay-off. Failure of the employee to notify 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 position, as stated in the job description for the position, including any prerequisites established by recall time period. The employee must notify the Board for staff members in writing, within seven (7) calendar days of mailing or within five (5) calendar days of receipt of the particular category offer, whichever shall first occur, of position. Job descriptions shall be available from the Human Resource Department. A staff member's failure acceptance or rejection of any vacant position offered to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to any position vacancy arising in such category employee during the recall period. An "available position" or "vacancy" This statement shall include any regular full-time educational support position which appear in the Board determines is available within a specific category of positioncertified mailing to each employee. Any substitute, short-term, temporary or other position which is not available on a regular full-time basis shall not be considered an "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 employee who fails to notify the Board of his/her acceptance of any vacancy shall constitute or rejection of a tendered position within 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 timelines set forth within shall be deemed to have waived his/her recall rights under Section 10-23.5 of The School Code and will shall no longer be eligible for any other vacant positions position that become becomes available during within the recall time period. If a vacancy or newly-created position occurs for which the employee meets the minimum requirements of the position, the employee shall have 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 the affected council may apply according to the individual council’s lay-off and bumping procedures. If a previous full- time employee is offered a part-time position to which he/she is entitled in recall language and accepts that position, he/she shall have the rights as outlined in this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall Rights. If The Association will maintain a recall list of those individuals who have been laid off subject to the Board has any vacancies for provisions of Article The Association will forward to individuals on the following school term 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 within one calendar year from vacancy in the beginning 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 following school termjob. Notwithstanding the foregoing, it is recognized that some social workers and/or counselling staff may be assigned to work with clients through a 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 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 positions thereby becoming available within Union or its members, retain the right to file a specific category of grievance under these circumstances. An employee recalled and reinstated to former position shall be tendered 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-off, that an employee so affected may continue medical coverage for a period as outlined in Article (subject to the staff members so removed or released from that category terms of position. In a recall situation, if some people have been recalled from a given category the plan and the approval of position and a position becomes available in a different category the insurance carrier) provided pay the Association the full premium costs of position, such participation not later than the Board at its sole discretion may offer that available position twenty-fifth (25th) day of the month prior 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the requirements for the position, as stated month in the job description for the position, including any prerequisites established by the Board for staff members in the particular category of position. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on filepayment becomes due. If such staff members do payment is not notify made as aforesaid, the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the date specified, or give reasonable and acceptable reasons for unavoidable delay beyond such time, they employee’s participation in these plans shall be considered terminated forthwith. Job Security No employee shall be laid off as having resigned a result of contracting out of work or services. Laid off staff will be paid out any accumulated vacation credits in the 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 seniority shall be terminated. The staff member's failure to notify severance entitlements under the 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 have waived his/her recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become available during the recall periodEmployment Standards Act.

Appears in 1 contract

Samples: Ii T Agreement

Recall Rights. If (a) An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the Board ability and qualifications as required by law to perform the job, after such opening is filled on a 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 vacancies 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 following school term or within one calendar year from the beginning purposes of the following school termparagraph above, the positions thereby becoming available within a specific category of position Employer shall be tendered not act in an arbitrary manner. An employee recalled to the staff members so removed or released from that category of position. In a recall situation, if some people have been recalled from a given category of position and a position becomes available work in a different category classification from which she was laid off shall have the privilege of position, the Board at its sole discretion may offer that available position returning to the Released ESP if position she held prior to the Board deems 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 individual loss of seniority provision, or have been found unable or unqualified to perform the work available. It is most suitable for the position. This decision by the Board and/or its administration shall not be grieved. To be "qualified" for a position, a staff member must meet all sole responsibility of the requirements for employee who has been laid off to notify the positionEmployer of his intention to return to work within three (3) working days (exclusive of Saturdays, as stated in Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the job description for last address on record with the position, including any prerequisites established by the Board for staff members in the particular category of position. Job descriptions Employer (which notification shall be available from deemed to have been received on the Human Resource Department. A staff member's failure second date of mailing) and return to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District work within ten (10) calendar working days from after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date of email of such notice that they will and time at which the employee shall report for work work. The employee is solely responsible for his proper address being on record with the date specified, Employer. Employees on lay-off or give reasonable and acceptable reasons for unavoidable delay beyond such time, they notice of lay-off shall be considered as having resigned and all seniority shall be terminatedgiven preference for temporary vacancies, which are expected to exceed twenty (20) days of work. The staff member's failure An employee who has been recalled to notify the Board of acceptance of any such temporary vacancy shall constitute rejection not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. A laid off employee shall retain the rights of the offer recall for a period of employment. Any staff member who rejects an offer of an available fullthirty-time position in any category of position in which he/she is qualified shall be deemed to have waived his/her recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become available during the recall periodsix (36) months.

Appears in 1 contract

Samples: Collective Agreement

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Recall Rights. If An employee shall have opportunity of recall from a lay-off to an available opening in order of seniority, provided he has the Board ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has any vacancies 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 following school term or within one calendar year from the beginning purposes of the following school termparagraph above, the positions thereby becoming available within a specific category of position Employer shall be tendered not act in an arbitrary manner. An employee recalled to the staff members so removed or released from that category of position. In a recall situation, if some people have been recalled from a given category of position and a position becomes available work in a different category classification from which he was laid off shall have the privilege of position, the Board at its sole discretion may offer that available position returning to the Released ESP if position he held prior to the Board deems the individual is most suitable for the positionlay-off should it become vacant within six (6) months of being recalled. This decision by the Board and/or its administration shall not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions No new employees shall be available from the Human Resource Department. A staff member's failure hired until all those laid off have been given an opportunity to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights return to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call work and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 have failed to notify the Board Home of acceptance their intention to do so, in accordance with the loss of any vacancy shall constitute rejection seniority provision or have been found unable to perform the work available. It is the sole responsibility of the offer employee who has been laid off to notify the home of employment. Any staff member who rejects an offer his intention to return to work within three calendar days (exclusive of an available full-time position in any category of position in 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 he/she is qualified notification shall be deemed to have waived his/her 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 and may instead remain on lay-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 under Section 10of recall for a period of twenty-23.5 four (24) months from the date of The School Code lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will no longer be eligible for any take precedence over other vacant positions that become available during the recall periodterms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. If Bargaining unit employees who have been laid off will be placed on a recall list in the Board has any vacancies inverse order of seniority for the following school term or within one calendar year a period of twenty-four (24) months from the beginning date of the following school term, the positions thereby becoming available within a specific category of position layoff. Regular full-time employees shall be tendered have recall rights to the staff members so removed full-time job classification they held at the time of layoff or released from that category a full-time position or, upon request, a part-time position in the 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 time of layoff or a part-time or represented seasonal position in the same 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. In a recall situation, if some people but will be recalled only after eligible full-time employees have been recalled from a given category of position and a position becomes available first. Laid off part-time employees must also request to be recalled to full-time positions in a different category of position, the Board at its sole discretion may offer that available position writing to the Released ESP if Human Resources Director before the Board deems effective date of their layoffs. Employees will be given six (6) months from the individual is most suitable date of placement to obtain the required certifications and licenses for the position. This decision by If the Board and/or its administration employee is unable to obtain the certifications and licenses within this period, then the employee shall not be grievedlaid off and shall be placed on the recall list. To be "qualified" Probationary employees shall have no recall rights. Recall rights shall continue for a position, a staff member must meet all period of twenty-four (24) months from date of layoff. Recall shall be offered to those employees on the requirements recall list for the position, as stated in the job description classifications for the position, including which they are qualified prior to hiring any prerequisites established by the Board for staff members in the particular category new bargaining unit employee(s). Notice of position. Job descriptions recall shall be available from made by Certified Mail – Return Receipt Requested and regular mail. Employees shall be responsible for keeping the Human Resource DepartmentCity informed of their correct address. A staff member's failure Failure to maintain the necessary qualifications for a particular category respond to such recall notice within thirty (30) calendar days of position will result in a waiver mailing, shall cause loss of recall rights and separation from employment. Recalled employees shall have two (2) weeks to any position vacancy arising in such category during the recall periodreport to work, unless mutually agreed otherwise. An "available position" or "vacancy" shall include any regular A laid off part- time employee who requests to be offered a full-time educational support position which job and declines, shall remain on the Board determines 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 available within offered a specific category of position. Any substitute, short-term, temporary or other position which is not available on a regular full-time basis job and declines shall not be considered an "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call relinquish all recall rights provided for within this Article and then through email sent to the staff member’s personal email address on fileAgreement. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the Board of acceptance of any vacancy shall constitute rejection of the offer of employment. Any staff member who rejects an offer of an available fullA laid off part-time position in any category of position in which he/she employee who is qualified offered a part-time job and declines, shall be deemed to have waived his/her relinquish all recall rights under Section 10-23.5 provided for within this Article and Agreement. Employees who are recalled to a position they did not hold at the time of The School Code and layoff will no longer be eligible for any other vacant positions that become available during the recall period.serve a six

Appears in 1 contract

Samples: Agreement

Recall Rights. If An employee shall have opportunity of recall from a lay-off to an available opening, in order of senior- ity, provided she has the Board ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under ajob post- ing procedure. The posting procedure in the Collec- tive Agreement shall not apply until the recall process has any vacancies 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 following school term or within one calendar year from the beginning purposes of the following school termparagraph above, the positions thereby becoming available within a specific category of position Employer shall be tendered not act in an arbitrary manner. An employee recalled to the staff members so removed or released from that category of position. In a recall situation, if some people have been recalled from a given category of position and a position becomes available work in a different category clas- sification from which she was laid off shall have the privilege of position, the Board at its sole discretion may offer that available position returning to the Released ESP if position she held prior to the Board deems 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 individual loss of seniority provision, or have been found unable to perform the work available. It is most suitable for the position. This decision by the Board and/or its administration shall not be grieved. To be "qualified" for a position, a staff member must meet all sole responsibility of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 employee who has been laid off to notify the Board Employer of acceptance his intention to return to work within three (3) working days (exclusive of any vacancy shall constitute rejection of Saturdays, Sundays and Paid Holi- days) after being notified to do so by registered mail, addressed to the offer of employment. Any staff member who rejects an offer of an available full-time position in any category of position in last address on record with the Employer (which he/she is qualified notification shall be deemed to have waived his/her 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 and may instead remain on lay-off. This provision supersedes the job posting provision. A laid off employee shall retain the rights under Section 10of recall for a period of twenty-23.5 four (24) months. NOTE For purposes of The School Code layoff and recall, full-time and part-time seniority will no longer be eligible for any other vacant positions deemed to be merged. It is understood and agreed that become available during if a part- time employee bumps a full-time employee as part of the recall periodabove-noted procedure, the part-time employee is accepting the full-time position only. It is understood and agreed that if a full-time employee bumps a part-timeemployee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. For these purposes, I year full-time seniority = hours part-time seniority.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. If When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the Board has any vacancies for seniority lists will be merged and the following school term or within one calendar year from laid off employee may bump into the beginning other bargaining unit. It is understood and agreed that if a part-time employee bumps a full- time employee as part of the following school termabove-noted procedure, the positions thereby becoming available within a specific category of position shall be tendered to the staff members so removed or released from that category of position. In a 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to any position vacancy arising in such category during the recall period. An "available position" or "vacancy" shall include any regular fullpart-time educational support position which employee is accepting 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the 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 only. the event that there are no employees in any category 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 position in which he/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 from a lay-off to an available opening, in order of seniority, provided she has the skills to perform the work. In determining the skills 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 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 waived his/her recall rights under Section 10-23.5 been received after the second day following the date of The School Code mailing) and will no longer be eligible for any other vacant positions that become available during the recall period.return to work within ten

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. If the Board has any vacancies for the following school term or within one calendar year from the beginning In recognition of the following school termbenefit that re-employment of bargaining unit members may bring to the continued future operations of the institution, the positions thereby becoming available within a specific category of position recall procedure shall be tendered to the staff established as follows. Recall rights do not apply if an individual has bumped except as provided in 13.8, D below. Bargaining unit members so removed or released from that category of position. In a recall situation, if some people who are laid off shall 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to any the campus for a period of three (3) years from their date of layoff. 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 vacancy arising 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 such category during a competent manner, and if it is the specific, exact position they held. Laid off bargaining unit members shall retain the use of their UMass email address for the length of their recall period. An "available A bargaining unit member who has bumped into a new position shall have recall rights to his or her specific former position" or "vacancy" shall include any regular full-time educational support , should that former position which the Board determines is available within be re- established, for a specific category period 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten thirty (1030) 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 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 of email of such notice that they will report for work on bargaining unit member, submitted one month before the 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 notify the Board of acceptance of any vacancy shall constitute rejection end of the offer initial one year period, and for a third year upon submission of employmenta similar request submitted one month before the end of the second year. Any staff member who rejects an offer For Cooperative Extension bargaining unit members, upon written request to the Xxxx of an available full-time position in any category the College of position in which he/she is qualified Food and Natural Resources announcements shall be deemed to have waived his/her recall rights under Section 10-23.5 include announcements of The School Code and will no longer be eligible for any other vacant positions that become available during Cooperative Extension openings received by the recall periodXxxx.

Appears in 1 contract

Samples: www.umass.edu

Recall Rights. If the Board has any vacancies for the following school term or within one calendar year from the beginning An employee shall have opportunity of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the staff members so removed or released from that category of position. In a recall situation, if some people have been recalled from a given category layoff to an available opening in his/her former status, in order of position and seniority, provided he or she has the ability to perform the work after such opening is filled on a position becomes available regular basis under a job posting procedure. An employee recalled to work in a different category classification from which he or she was laid off shall have the privilege of position, the Board at its sole discretion may offer that available position returning to the Released ESP if position held prior to the Board deems the individual layoff should it become vacant within six (6) months of being recalled. An employee, who is most suitable for the position. This decision by the Board and/or its administration shall not be grieved. To be "qualified" for a positionqualified to receive severance pay, a staff member must meet all may elect to defer receipt of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of severance payment while his or her recall rights are still in effect. Once an employee does opt to any position vacancy arising in such category during receive the recall period. An "available position" severance payment, he 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the 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 have waived his/resigned, and his or her recall rights under Section 10-23.5 of shall be extinguished. The School Code and will no longer be eligible for any other vacant positions that become available Hospital agrees to post vacancies during the recall period, as per the job posting procedure (Article 9.05), allowing employees on recall to participate in the 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 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 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. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). 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 or her proper address being on record with the Hospital. The employee will have seven (7) calendar days to respond upon the receipt of the registered letter. Employees on layoff shall be given preference for temporary vacancies in their former status which are expected to exceed sixty (60) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff, without prejudice to recall rights during the remainder of the recall period.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. 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 so removed or released from that category of position. In a 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 not be grieved. To be "qualified" for a position, a staff member must meet all of the 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. Job descriptions shall be available from the Human Resource Department. A staff member's failure to maintain the necessary qualifications for a particular category of position will result in a waiver of recall rights to 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 "available position" or "vacancy." The Board shall notify staff members of reemployment through phone call and then through email sent to the staff member’s personal email address on file. If such staff members do not notify the School District within ten (10) calendar days from the date of email of such notice that they will report for work on the 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 notify the 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 they are qualified shall be deemed to have waived his/her their recall rights under Section 10-23.5 of The School Code and will no longer be eligible for any other vacant positions that become available during the recall period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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