Common use of Displacement Rights Clause in Contracts

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. (aA) Within fifteen An employee who has received a notice of layoff may elect, in lieu of layoff, to be reassigned to a position in a lateral or lower related classification within his/her department, provided that in order to displace the employee with less service the laid off employee must, in the opinion of the Human Resources Director, meet the minimum qualifications of the classification into which he/she is displacing. The laid off employee may also displace a less senior employee in another department, provided that the laid off employee has held regular status in that classification and performed in a satisfactory manner. (15B) If the employee is unable to displace an employee with less seniority as described in (A) he/she may accept a voluntary transfer or demotion to a vacant position in a lateral or lower related classification in which no previous service has been rendered provided that, in the opinion of the Human Resources Director, the employee meets the minimum qualifications of the classification. If two (2) or more employees request to transfer or demote into the same vacant position as described herein, the employee with the highest seniority, as defined in this Section 8, will have his/her request granted. (C) Employees requesting to exercise their right to displace into a classification as provided in (A) or (B) above must make such request to the Human Resources Director in writing within five (5) calendar days of their receipt of written notification notice of layoff. Failure to comply with the deadline provided herein shall be deemed a waiver of the displacement rights provided in this Section 8. Should the Human Resources Director determine that the laid off employee does not meet the minimum qualifications for the classification into which the employee requests to be reassigned, such decision may be appealed to the City Manager. The decision of the City Manager may be appealed to an Adjustment Board comprised of one person designated by the union/association, one person designated by management, and a faculty member whose third person who shall be selected by the first two Adjustment Board members. The decision of the Adjustment Board shall be final and not subject to further appeal through the grievance process. (D) Employees laid off as a result of another employee’s exercise of displacement rights shall be entitled to a minimum notice period of fourteen (14) calendar days. (E) When an employee chooses to displace into a position in a lateral or lower related classification, said employee must accept the salary, hours and working conditions of the position. If the employee’s salary prior to displacement is eliminated through within the salary range of the lateral or lower related classification into which the employee is displacing, the employee will retain the salary held prior to displacing, even if that places the employee’s salary between steps in the new salary range. If the employee’s salary prior to displacing is above the top of the range of the lateral or lower related classification, the employee’s salary will be placed at the top of the salary range of the lateral or lower related classification. Employees who accept a reduction voluntary transfer or demotion as described in force may exercise (B) shall serve a probationary period of twelve (12) months. (F) If an employee chooses to displace into a position in a lateral or lower classification within the same department, he/she shall have the right to displace first into the highest lateral or lower classification. If an employee chooses to displace into a less senior faculty member as long position in another department, if such employee held regular status in more than one classification, he/she shall have the right to displace first into the highest classification in which regular status was previously held. Highest classification shall be defined 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 classification with the Chief Academic Officer and highest top step in 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 salary plan in effect at the beginning time 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 procedurelayoff. (bG) Upon request, Seniority for the purpose of exercising the displacement rights provided in this Section is defined as the total cumulative number of years of probationary and regular service with the City of Belmont beginning with the worker's first date of employment with the City. (H) Employees may elect to be laid off faculty will be given first consideration for filling adjunct positions in areas where they meet the qualificationslieu of displacement. Acceptance or declination of Accepting such an adjunct position a layoff does not affect in any way the employee's reemployment rights under this Agreement. (I) At the time of a layoff, employees who were previously members of the Bargaining Unit (e.g., who subsequently promoted out of the unit) shall have all the rights described in Section 8. (J) A part-time regular employee may only displace into a part-time position in a lateral or lower related classification in accordance with the provisions of this Section. (K) A full-time regular employee may displace into a released faculty member to reemployment under full-time or part-time position in a lateral or lower related classification in accordance with the provisions of this articleArticle.

Displacement Rights. (12.05.01 The parties agree to the orderly application of displacement rights for the employees who receive layoff notices under Article 12, and all others who are bumped out of their positions as a result, as follows: a) Within fifteen An employee who is provided with a layoff notice or who is bumped out of their position will receive a letter from the Employer advising the employee that the option to exercise displacement rights, if applicable, can be initiated by them in the following manner: i) The displacor shall identify the position he/she wishes to bump into from the list provided by the Employer. The displacor is only eligible to bump into a position in the same job category currently held by an incumbent with lower seniority. The list provided by the Employer shall identify by job category, the employee name, position, salary range, and seniority currently held by the respective incumbents. The displacor should indicate their first, second, and third choices in case another displacor with greater seniority makes the same choice. ii) Where the displacor is in a Regional Office, the displacor shall indicate his/her first, second and a third choices which must be the closest geographical location(s) of incumbents as identified by the Employer. iii) It is understood that the displacor shall have the entry level qualifications and ability to perform the work of the position held by the less senior employee working in the same job category for which the displacor is exercising displacement rights. 12.05.02 An employee who chooses to exercise their displacement rights must send a letter either by registered mail, overnight courier, or facsimile to be received by the Administrator of Employee Relations within ten (1510) calendar days of written notification receipt of layofftheir letter from the Employer. An employee who fails to indicate a choice within this period shall be deemed to have chosen to be laid off. 12.05.03 The Employer's obligation to provide a letter to an employee under this Article shall be met by the sending of this letter to the employee's current address on file with the Employer, 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 well 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 memberemployee’s credentials, experienceoffice, and qualifications by the Chief Academic Officer and the appropriate Divisional ▇▇▇▇/Assistant ▇▇▇▇. If, after subsequent delivery of a review copy 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 correspondence to the contrary above, the Parties may by mutual written agreement, choose another expedited arbitration procedureUnion. (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. An employee who has received a notice of layoff may elect, in lieu of layoff, to be reassigned to a position in a lateral or lower related classification within his/her department, provided that in order to displace the employee with less service the laid off employee must, in the opinion of the Human Resources Director, meet the minimum qualifications of the classification into which he/she is displacing. The laid off employee may also displace a less senior employee in another department, provided that the laid off employee has held regular status in that classification and performed in a satisfactory manner. B. If the employee is unable to displace an employee with less seniority as described in (aA) Within fifteen he/she may accept a voluntary transfer or demotion to a vacant position in a lateral or lower related classification in which no previous service has been rendered provided that, in the opinion of the Human Resources Director, the employee meets the minimum qualifications of the classification. If two (152) or more employees request to transfer or demote into the same vacant position as described herein, the employee with the highest seniority, as defined in this Section 8, will have his/her request granted. C. Employees requesting to exercise their right to displace into a classification as provided in (A) or (B) above must make such request to the Human Resources Director in writing within five (5) calendar days of their receipt of written notification notice of layoff. Failure to comply with the deadline provided herein shall be deemed a waiver of the displacement rights provided in this Section 8. Should the Human Resources Director determine that the laid off employee does not meet the minimum qualifications for the classification into which the employee requests to be reassigned, such decision may be appealed to the City Manager. The decision of the City Manager may be appealed to an Adjustment Board comprised of one person designated by the union/association, one person designated by management, and a faculty member whose third person who shall be selected by the first two Adjustment Board members. The decision of the Adjustment Board shall be final and not subject to further appeal through the grievance process. D. Employees laid off as a result of another employee’s exercise of displacement rights shall be entitled to a minimum notice period of fourteen (14) calendar days. E. When an employee chooses to displace into a position in a lateral or lower related classification, said employee must accept the salary, hours and working conditions of the position. If the employee’s salary prior to displacement is eliminated through within the salary range of the lateral or lower related classification into which the employee is displacing, the employee will retain the salary held prior to displacing, even if that places the employee’s salary between steps in the new salary range. If the employee’s salary prior to displacing is above the top of the range of the lateral or lower related classification, the employee’s salary will be placed at the top of the salary range of the lateral or lower related classification. Employees who accept a reduction voluntary transfer or demotion as described in force may exercise (B) shall serve a probationary period of twelve (12) months. F. If an employee chooses to displace into a position in a lateral or lower classification within the same department, he/she shall have the right to displace first into the highest lateral or lower classification. If an employee chooses to displace into a less senior faculty member as long position in another department, if such employee held regular status in more than one classification, he/she shall have the right to displace first into the highest classification in which regular status was previously held. Highest classification shall be defined as the faculty member classification with the highest top step in the salary plan in effect at the time of layoff. G. Seniority for the purpose of exercising the displacement rights provided in this Section is qualified for such position. In order defined as the total cumulative number of years of probationary and regular service with the City of Belmont beginning with the worker's first date of employment with the City. H. Employees may elect 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 be laid off faculty member’s experience, credentials, and qualifications warrant displacement in lieu of displacement. Accepting such 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 layoff does not affect in any way the employee's reemployment rights under this Agreement. I. At the time of a layoff, employees who were previously members of the Bargaining Unit (e.g., who subsequently promoted out of the unit) shall have all the rights described in Section 8. J. A part-time regular employee may only displace into a part-time position in a lateral or lower related classification in accordance with the provisions of this Section. K. A full-time regular employee may displace into a released faculty member to reemployment under full-time or part-time position in a lateral or lower related classification in accordance with the provisions of this articleArticle.