Common use of Section 9.5 Clause in Contracts

Section 9.5. 2 The employee with the earliest hire date shall be given first consideration regarding shifts, promotions, 3 assignment to new or open jobs or positions, and layoffs when ability and performance are 4 substantially equal with junior employees. If the District determines that seniority rights should not 5 govern because a junior employee possesses ability and performance substantially greater than a senior 6 employee or senior employees, the District shall set forth in writing to the employee or employees its 7 reasons why the senior employee or employees have been bypassed.