Vacancies and Newly Created Directorships Except as otherwise provided by applicable law, vacancies occurring in any directorship (whether by death, resignation, retirement, disqualification, removal or other cause) and newly created directorships resulting from any increase in the number of directors shall be filled in accordance with the Amended and Restated Certificate of Incorporation and the Sponsor Stockholders Agreements. Any director elected to fill a vacancy or newly created directorship shall hold office until the next election of the class for which such director shall have been chosen and until his or her successor shall be elected and qualified, or until his or her earlier death, resignation, retirement, disqualification or removal.
REDUCTION OF STAFF A. The term “seniority” in this Article shall mean length of service as a bus driver with the District.
B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees.
C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility.
D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article.
E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement.
F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.
VACANCIES AND NEW POSITIONS 3.3.1 During the work year, written notices of vacancies and new positions within the bargaining unit will be posted on the District jobs website for not less than five (5) working days. For an applicant to be considered for a vacant or new position, they must:
a. Submit their online application and all other required application materials no later than five (5) working days from the first day of the posting, and
b. Possess the minimum skills and qualifications applicable to the vacant or new position.
3.3.2 A vacancy is an open position within the bargaining unit or non represented groups over 10 hours per week (i.e., 2.1 hours per day). Employees who meet the posted qualifications will receive an interview for the position upon application. Applicants not receiving an interview or offer of position will be given feedback, upon request. Skill tests will not normally be required if the skill requirements of the new position are not greater than the applicant's current assignment unless the skill test is deemed necessary to determine the most qualified applicant. Positions will be filled by any present or prospective employee based upon affirmative action requirements, experience, and job qualifications for the position. If two finalists are considered equal, then the applicant from within the district with the most bargaining unit seniority will be selected for bargaining unit positions.
3.3.3 Employees transferred to new positions in the bargaining unit will receive salary credit at full value for all prior experience gained within the bargaining unit.
3.3.4 Current employees within the bargaining unit who are accepted for a position under Section 3.3.2 above will be given a thirty (30) work day work trial. If the employee's performance on the new job is not satisfactory, she/he will be returned to her/his former position or to another suitable position. Absent just cause for termination, such employee will not be terminated due to her/his unsatisfactory performance during the thirty (30) day trial period.
3.3.5 Increased hours at the worksite will be offered first to the most senior employees within the classification, if qualified as determined by the supervisor at the worksite, providing they have a work schedule which can accommodate the additional hour(s) within a normal work week. The number of hours per week may be offered up to ten (10) hours, but may not result in a combined assignment of more than forty (40) hours per week. Employees wishing more hours of work will notify their supervisor/building administrator in writing.
3.3.6 Summer school assignments will be offered on a seniority basis, except that those employees who carry out the job during the course of the regular work year will receive first choice of refusal.
3.3.7 If the school district uses a numerical staffing formula to assign employees to schools based on enrollment, employee hours will be adjusted in October of the school year to reflect actual enrollment. The formula results and adjusted hours will be provided to the association president(s) by October 15.
3.3.8 The district will provide at least a two (2) week written notice of paraeducator hour reduction due to a decreased student overload factor.
3.3.9 An employee involuntarily transferred to a new position with a different job title will suffer no loss in hourly rate of pay. The transferred employee will be placed on the same experience step as in the previous position. An employee transferred to a position with a lower hourly rate of pay will be required to seek to restore lost pay by applying for open positions within the department for which he/she is qualified. An employee may choose to decline up to three (3) positions that will make him/her whole. Following the third (3rd) decline, any enhanced pay, travel time, and/or mileage reimbursements will end.
3.3.10 When reassignments are too numerous to fill individually, the district will schedule a reassignment meeting. The district will display all open positions and the current seniority list. Employees facing reassignment will be required to attend either in person or by proxy. By seniority, employees must select from any open position for which they are qualified to restore any lost hours. Such restoration cannot exceed thirty (30) additional minutes over lost hours. If hours cannot be restored with open positions by seniority, employees may bump the least senior person. Bumping will occur in the following order, first by the department in which they have lost hours and then by any other departments in which they retain seniority. Multiple reassignment meetings may be necessary.
3.3.11 Employees who have been reassigned will have priority rights, by seniority, to open positions for which they are qualified for up to twenty-four months. Reassigned employees will be required to communicate in writing, in person, by proxy, or by email their interest in a position in the pool no later than 4:00 PM of the day the position closes, if the position will make them whole. If employees have not responded by 4:00 PM of the day the position closes, they have declined the position. Notice of assignment will be provided via phone and follow-up letter within five (5) working days.
Exchange of Shifts Employees may exchange shifts with the approval of the Employer, provided that, whenever possible, sufficient advance notice in writing is given and provided that there is no increase in cost to the Employer.
MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.