Within Unit Clause Samples
The "Within Unit" clause defines the scope of certain rights, obligations, or activities as being limited to a specific unit, such as a condominium, apartment, or other subdivided property. In practice, this means that any rules, restrictions, or permissions outlined in the agreement apply only within the boundaries of the individual unit and do not extend to common areas or other units. This clause is essential for clarifying the extent of a party's responsibilities or privileges, thereby preventing disputes over shared spaces and ensuring that each unit owner or occupant understands their rights and limitations within their own property.
Within Unit. At the employee’s option, if the employee whose position in the unit and classification is not the least senior, he/she may bump the least senior employee in the unit and classification regardless of shift or status except that a full-time employee may bump the least senior full-time employee and work the required hours of the position. If the employee does not wish to bump within the unit, he/she may bump in the department or in the classification per (b & c) below.
Within Unit. At the employee's option, if the employee who position in the unit and classification is not the least senior he/she may bump the least senior employee in the unit and classification regardless of shift or status except that a full time employee may bump the least senior full time employee and work the required hours of the position. If the employee does not wish to bump within the unit he/she may bump in the classification per (b) below.
i. A part-time employee may not bump a full-time employee but may bump into a full time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies.
ii. Effective January 1, 2021, a benefit eligible part-time employee or a non-benefit eligible part-time employee may not bump a full-time employee but may bump into a full-time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies. In addition, if a benefit eligible part-time employee and a non-benefit eligible part-time employee are laid off on the same day, the benefit eligible part-time employee has first choice on full-time vacancies.
iii. Effective January 1, 2021, a non-benefit eligible part-time employee may not bump a benefit eligible part-time employee but may bump into a benefit eligible part-time vacancy, provided that if a benefit eligible part-time employee has been laid off on the same day the benefit eligible part-time employee has first choice of benefit eligible part- time vacancies.
iv. A position vacancy is considered the least senior position for purposes of bumping. If there is more than one vacancy the employee may choose the position.
v. An on-call or ESP may not bump a regular part-time or full-time employee.
vi. If a vacant position exists and it is a reasonable offer, the employee is required to accept the bump. Failure to accept a reasonable offer of a vacant position is considered a voluntary resignation and the employee will be terminated.
Within Unit. The Superintendent may transfer employees from one position to another, providing such employee is eligible and qualified for the position to which the transfer is made. Transfers will be made only after the employee has had the opportunity to discuss the proposed transfer with the appropriate supervisory personnel. If an employee is involuntarily transferred to a lower classification, said employee’s annual salary will not be reduced until sixty (60) days after beginning new assignment.
Within Unit. Except for training purposes, when an Employee is required to perform the principal duties and responsibilities of an Employee in a higher paid classification for a period of one or more consecutive weeks, the relieving employee shall be paid the hourly rate for that position for all such time worked. The Employer, when assigning Employees to acting positions shall consider qualifications, job performance, seniority, job advancement training and related job experience in the work area.
Within Unit. An employee whose position in the unit and classification is eliminated shall bump within the unit in the following order:
1. If the employee whose position in the unit and classification is not the least senior, that employee may bump the least senior employee in the unit and classification regardless of shift while maintaining the same status .
2. A vacant position is considered the least senior position for purposes of bumping. If a vacant position exists and it is a reasonable offer, the employee is required to accept the bump.
a. If there is more than one vacancy, then the employee will have the option to select one of the vacant positions.
b. Failure to accept a reasonable offer of a vacant position is considered a voluntary resignation and the employee will be terminated.
3. A benefit eligible or non-benefit eligible part-time employee may not bump a full-time employee, but may bump into a full-time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies.
4. An on-call or per diem may not bump a regular part-time or full-time employee.
Within Unit. An employee whose position in the unit and classification is eliminated shall bump within the unit in the following order:
1. If the employee whose position in the unit and classification is not the least senior, that employee may bump the least senior employee in the unit and classification regardless of shift while maintaining the same status. or status except that a full time employee may bump the least senior full-time.
2. A vacant position is considered the least senior position for purposes of bumping. If a vacant position exists and it is a reasonable offer, the employee is required to accept the bump.
Within Unit. The Superintendent may transfer employees from one position to another, providing such employee is eligible and qualified for the position to which the transfer is made. Transfers will be made only after the employee has had the opportunity to discuss the proposed transfer with the appropriate supervisory petsonnel. If an employee is involuntarily transferred to a lower classification, said employee's annual salary will not be reduced.
