Right to Return to the Bargaining Unit Clause Samples
The Right to Return to the Bargaining Unit clause ensures that employees who temporarily leave their bargaining unit positions—such as for promotions, temporary assignments, or management roles—retain the ability to return to their original bargaining unit status. Typically, this clause outlines the conditions under which an employee can exercise this right, such as time limits, eligibility requirements, or the process for reinstatement. Its core function is to provide job security and flexibility for employees, allowing them to explore other opportunities within the organization without permanently forfeiting their union protections or positions.
Right to Return to the Bargaining Unit. If an employee accepts a permanent position outside of the Bargaining Unit, Article
Right to Return to the Bargaining Unit a. If an employee accepts a District position that is not covered by this Agreement, the employee shall have the right, within the probationary period established for that position, to elect to return to his or her prior job classification, days off and shift. An employee who returns in the manner described above will not suffer loss of seniority under this Agreement.
b. If the employee’s prior job classification and/or shift no longer exists, the employee shall be separated from employment unless he or she elects to be placed in the job classification, days off and shift that the employee would have occupied had the employee exercised his or her seniority bidding rights when his or her prior job classification and/or shift was eliminated. If another employee is bumped out of a job classification and/or shift by reason of the foregoing, the bumped employee may exercise his or her seniority bidding rights, in the same manner as provided above, and so may each employee who is displaced as the result of the exercise of such bidding rights.
Right to Return to the Bargaining Unit. If an employee accepts a permanent position outside of the Bargaining Unit, Article 5 will apply. The employee shall retain their seniority acquired at the date of leaving the bargaining unit, but will not accumulate any further seniority. If at the end of a twelve (12) month period, the employee has not returned to the bargaining unit via a job competition (considered after internally qualified candidates with seniority) they will lose all seniority.