Displacement Rights Clause Samples
Displacement Rights. Regular classified employees in positions which have been eliminated or reduced in hours shall have the right to displace the least senior employee in their classification whose assignment most closely approximates their own hours per day and days per work year. If there is no least senior employee in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order.
15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position.
15.5.2 If the previous option is unavailable, the employee shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current position.
15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year.
15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position.
15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or low...
Displacement Rights. Employees covered by this MOU who are notified that they are being laid off may elect to exercise displacement rights as provided herein. An employee’s election to exercise displacement rights must be made by giving written notice to the Office of Human Resources within fifteen (15) calendar days of the notice to the employee of the layoff.
(1) An employee in a position which is to be abolished, discontinued, or vacated shall be allowed to displace another employee with less seniority in the same job classification, or, if not available either
a. Progressively to each lower classification in the same job series; or
b. In any other classification in which the employee held satisfactory regular status.
(2) The displacement as applied in one (1) above, shall be limited to the division in which the employee is employed at the time that the notice of layoff is given.
(3) An employee who elects not to displace another employee or who is ineligible to displace another employee in accordance with this Section shall be laid off.
(4) An employee who is displaced under this Article is subject to the terms and conditions of this Article.
Displacement Rights. An employee whose position is abolished, who is subject to lay off, or who is displaced as a result of lay off/abolishment shall have the right to fill an available vacancy in the same classification or lower classification within the classification series within the layoff district. If there are no current vacant positions in the classification, an employee with more retention points may displace the employee with the fewest retention points in the same classification. If the employee has no right to displace within the classification and there exists lower classifications within a class series, an employee with more retention points may displace the employee with the fewest retention points in the next or subsequently lower classifications within the classification series. If the employee has no right to displace within their current classification or within the classification series, the affected employee may displace an employee with fewer retention points in another classification held by the affected employee within the past two (2) years. Retention points shall be based upon seniority only.
Displacement Rights. A. Each employee reduced in force or displaced as a result of a reduction shall have the right to displace another employee in the manner and order provided in subparagraphs 1-10, subject to the requirements set forth in Section 18.06, only if the affected employee has given the Eemploying Aagency written notification of intent to exercise his/her displacement rights within five (5) days of the date he/she is notified of the reduction in force or displacement. In the order specified in subparagraphs 1-7, full-time employees are to displace first against other full-time employees. After subparagraphs 1-7 have been applied, full-time employees may displace part-time, interim and intermittent employees as specified in subparagraphs 8 and 9. Part-time employees may only displace other part-time employees. Displacement shall occur in the manner and order specified below:
1. Within any available vacancy in the classification title and/or same parenthetical subtitle from which the employee was reduced in force or displaced: first, within the work facility of the reduction or displacement, second, within work facilities within the same county operated by the Eemploying Aagency implementing the reduction in force or displacement, and third, within work facilities within contiguous counties which are operated by the Eemploying Aagency implementing the reduction in force or displacement;
2. Within any available vacancy in the classification title and different parenthetical subtitle from which the employee was reduced in force or displaced: first, within the work facility of the reduction or displacement, second, within work facilities within the same county operated by the Eemploying Aagency implementing the reduction in force or displacement, and third, within work facilities within contiguous counties operated by the Eemploying Aagency implementing the reduction in force or displacement;
3. Against the employee with the least state seniority within the same classification title and/or parenthetical subtitle from which the employee was reduced in force or displaced: first, within the work facility of the reduction or displacement, second, within work facilities within the same county operated by the Eemploying Aagency implementing the reduction in force or displacement, third, within work facilities within contiguous counties operated by the Eemploying Aagency implementing the reduction in force or displacement;
4. Against the employee with the least state seniorit...
Displacement Rights. (a) Within fifteen (15) calendar days of written notification of layoff, a faculty member whose position is eliminated through a reduction in force may exercise the right to displace a less senior faculty member as long as the faculty member is qualified for such position. In order to exercise this displacement right, a faculty member shall initiate a written request for review of that faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional ▇▇▇▇/Assistant ▇▇▇▇. If, after a review of the faculty member’s credentials, experience, and qualifications by the Chief Academic Officer and the appropriate Divisional ▇▇▇▇/Assistant ▇▇▇▇, a determination is made that the laid off faculty member’s experience, credentials, and qualifications warrant displacement of a less senior faculty member, then arrangements will be made to make the transition at the beginning of the following semester, assuring sufficient time (determined by the Chief Academic Officer and the appropriate Divisional ▇▇▇▇/Assistant ▇▇▇▇) for preparation to teach; otherwise the transition will be made the semester thereafter. That determination may be grieved pursuant to Article VI, Grievance/Arbitration procedure, at Step 3, Presidential Review. If the NCSFA-AAUP disagrees with the president’s decision, it may request arbitration pursuant to an expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both Parties to have a decision within seven (7) days of the hearing. Notwithstanding anything to the contrary above, the Parties may by mutual written agreement, choose another expedited arbitration procedure.
(b) Upon request, laid off faculty will be given first consideration for filling adjunct positions in areas where they meet the qualifications. Acceptance or declination of such an adjunct position does not affect in any way the rights of a released faculty member to reemployment under this article.
Displacement Rights a) It is agreed that an employee who holds seniority in a classification other than the one from which he is being laid- off may exercise that seniority, should it be sufficient, to apply to bump the most junior employee in other classification in accordance with Article 12.
Displacement Rights. 15.6.1 Employees affected by layoffs maintain the right to displace other employees in the class with less seniority.
15.6.2 In lieu of layoff, a senior employee has the right to bump a junior employee in a lower class in which the first employee has previously served. The senior employee must volunteer to take this assignment.
15.6.3 An employee subject to layoff may voluntarily accept a reduction in assigned time in lieu of layoff. Assigned time means the number of hours per day, days per week or days per year worked by the employee.
15.6.4 Displacement rights must be exercised within ten (10) days of notice of layoff. The employee must inform the Employer in writing of his/her intention to exercise his/her displacement rights.
15.6.5 An employee displaced by a senior employee shall have the same rights of displacement as though he/she was being laid off.
Displacement Rights. A permanent employee may exercise bumping rights pursuant to guidelines set forth in 23.2.3 of these guidelines.
Displacement Rights. Any teacher (other than teachers having a performance evaluation of “ineffective”) displaced from his/her current teaching assignment under Section B or C above, may displace or “bump” a teacher in another teaching field if the displaced teacher’s most recent performance evaluation is higher than the other teacher, OR the displaced teacher’s most recent performance evaluation is comparable to the other teacher and the displaced teacher has greater seniority. In order for a teacher's area(s) of certification/licensure to be considered, that teacher's certificate(s)/licenses showing such area(s) must be in the teacher's official personnel file as set forth above. The teacher exercising displacement rights may only do so in the field(s) in which he/she holds a certificate/license. Teachers having a performance rating of "ineffective" shall have no displacement/bumping rights. When considering displacement/bumping rights, among teachers with comparable performance evaluations at levels above "ineffective," preference shall be given to teachers according to contractual status and seniority in the following descending order:
1. Teachers having continuing contracts with the longest continuous service with National Trail Schools. Continuous service for continuing contract teachers shall be calculated by beginning with the date upon which the teacher's continuous service began, and not from the time the teacher was awarded a continuing contract.
2. Teachers having multi-year limited contracts, beginning with those having the same number of years for their contracts and the longest continuous service with National Trail Schools, down to single-year limited contracts and longest continuous service with National Trail Schools. For example, when performance evaluations are comparable, all teachers having two-year limited contracts shall have preference over all teachers having single-year limited contracts; and, among all those same teachers having two-year limited contracts, preference shall be given to those having the longest continuous service with National Trail Schools.
3. When a teacher is moved into another position through displacement/bumping, such teacher shall have only the hours of the position into which he/she bumped.
Displacement Rights. A unit member shall be entitled to bump or displace other employees according to the provisions of Education Code Sections 45308 and 45117.