Common use of Section 8.4 Clause in Contracts

Section 8.4. 22 The employee with the earliest hire date shall have preferential rights regarding filling of open job 23 assignments, promotions, and layoffs when ability and performance are equal with those individuals 24 junior to him/her. If the District determines that seniority rights should not govern because a junior 25 employee or non-employee applicant possesses ability and performance greater than a senior employee 26 or employees, upon written request of the employee the District shall set forth in writing, to the 27 employee or senior employees and the Union President, its reasons why the senior employee or 28 employees have been bypassed.

Section 8.4. 22 9 The employee with the earliest hire date shall have preferential rights regarding filling of open job 23 10 assignments, promotions, and layoffs when ability and performance are equal with those individuals 24 11 junior to him/her. If the District determines that seniority rights should not govern because a junior 25 12 employee or non-employee applicant possesses ability and performance greater than a senior employee 26 13 or employees, upon written request of the employee the District shall set forth in writing, to the 27 14 employee or senior employees and the Union President, its reasons why the senior employee or 28 15 employees have been bypassed.