Common use of Section 9.7 Clause in Contracts

Section 9.7. 20 The employee with the earliest hire date shall have preferential rights regarding shift selection, 21 vacation periods, special services, promotions, assignment to new or open jobs or positions, and 22 layoffs when ability and performance are substantially equal with junior employees. Seniority rights 23 shall be District-wide in the event there are no applications within the classification of the new or open 24 position(s). If the District determines seniority rights should not govern because an employee possesses 25 ability and performance substantially greater than a senior employee or senior employees, the District 26 shall set forth in writing to the employee or employees and the Association President its reasons why 27 the senior employee or employees have been bypassed. All in-district applicants shall be considered/ 28 interviewed prior to consideration/interviews of outside applicants. The Decision of the District to hire 29 or not hire an employee that is not within classification for the posted position is not grievable.