Common use of Promotion Out of Bargaining Unit Clause in Contracts

Promotion Out of Bargaining Unit. If an employee is promoted to a position in the department not included in the bargaining unit and is thereafter returned to a position within the bargaining unit, they shall have accumulated departmental and classification seniority while working in the position to which they were promoted except as provided in (i) and (ii) below. i. An employee who is promoted to a non-bargaining unit position, Sergeant or higher, effective 9/15/11 or later, shall continue to accumulate classification seniority within the KPSOA until their position becomes permanent, at which time their classification seniority shall be frozen. ii. If an employee, in a position of Sergeant or higher voluntarily or involuntarily transfers back into the bargaining unit, their classification seniority will re-commence. They shall not accrue seniority for the time spent in any position outside the bargaining unit. The employee’s classification seniority shall not include time spent in the non-bargaining unit position(s). Employees returned to the bargaining unit under the above circumstances shall retain all rights accrued for the purpose of any benefits provided for in this Agreement. (a) In the absence of a layoff, an employee cannot return to the bargaining unit without the Public Safety Chief’s approval. If an employee returns with the Public Safety Chief’s approval, it will not result in an employee being displaced from the classification to which the employee is returned.

Promotion Out of Bargaining Unit. If an employee is promoted to a position in the department not included in the bargaining unit and is thereafter returned to a position within the bargaining unit, they he or she shall have accumulated departmental and classification seniority while working in the position to which they were he or she was promoted except as provided in (i) and (ii) below. i. An employee who is promoted to a non-bargaining unit position, Sergeant or higher, effective 9/15/11 or later, shall continue to accumulate classification seniority within the KPSOA until their position becomes permanent, at which time their classification seniority shall be frozen. ii. If an employee, in a position of Sergeant or higher voluntarily or involuntarily transfers back into the bargaining unit, their classification seniority will re-commence. They shall not accrue seniority for the time spent in any position outside the bargaining unit. The employee’s classification seniority shall not include time spent in the non-bargaining unit position(s). Employees returned to the bargaining unit under the above circumstances shall retain all rights accrued for the purpose of any benefits provided for in this Agreement. (a) In the absence of a layoff, an employee cannot return to the bargaining unit without the Public Safety Chief’s 's approval. If an employee returns with the Public Safety Chief’s 's approval, it will not result in an employee being displaced from the classification to which the employee is returned.