Common use of Section 8.8 Clause in Contracts

Section 8.8. 24 The employee with the greater seniority shall have preferential rights regarding shift selection, vacation 25 periods, special assignments, promotions, assignment to new or open positions, and layoffs when ability 26 and performance are substantially equal with the junior employee or other applicant. Employees within 27 the general job classification have preferential rights over junior employees, non-classification 28 employees and outside applicants. If the District determines that the seniority rights should not govern 29 because the junior employee or other applicant possesses ability or performance substantially greater 30 than a senior employee or senior employees, the District shall set forth in writing to the employee or 31 employees and the Association President its reasons why the senior employee or employees have been 32 bypassed.

Section 8.8. 24 8 The employee with the greater seniority shall have preferential rights regarding shift selection, vacation 25 9 periods, special assignments, promotions, assignment to new or open positions, and layoffs when ability 26 10 and performance are substantially equal with the junior employee or other applicant. Employees within 27 11 the general job classification have preferential rights over junior employees, non-classification 28 12 employees and outside applicants. If the District determines that the seniority rights should not govern 29 13 because the junior employee or other applicant possesses ability or performance substantially greater 30 14 than a senior employee or senior employees, the District shall set forth in writing to the employee or 31 15 employees and the Association President its reasons why the senior employee or employees have been 32 16 bypassed.