Involuntary Transfers Sample Clauses
The Involuntary Transfers clause defines what happens if a party’s interest in an agreement is transferred without their voluntary action, such as through bankruptcy, death, or court order. Typically, this clause outlines the procedures that must be followed in such cases, such as requiring the transferee to meet certain qualifications or giving the other party a right of first refusal to purchase the interest. Its core function is to maintain control over who becomes a party to the agreement, thereby protecting the original parties from unwanted or unsuitable new participants.
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Involuntary Transfers.Any transfer of title or beneficial ownership of Interests upon default, foreclosure, forfeit, divorce, court order or otherwise than by a voluntary decision on the part of a Management Member or Outside Member (each, an “Involuntary Transfer�) shall be void unless such Management Member or Outside Member complies with this Section 12.4 and enables the Company to exercise in full its rights hereunder. Upon any Involuntary Transfer, the Company shall have the right to purchase such Interests pursuant to this Section 12.4 and the Person to whom such Interests have been Transferred (the “Involuntary Transferee�) shall have the obligation to sell such Interests in accordance with this Section 12.4. Upon the Involuntary Transfer of any Interest, such Management Member or Outside Member shall promptly (but in no event later than two days after such Involuntary Transfer) furnish written notice to the Company indicating that the Involuntary Transfer has occurred, specifying the name of the Involuntary Transferee, giving a detailed description of the circumstances giving rise to, and stating the legal basis for, the Involuntary Transfer. Upon the receipt of the notice described in the preceding sentence, and for 60 days thereafter, the Company shall have the right to purchase, and the Involuntary Transferee shall have the obligation to sell, all (but not less than all) of the Interests acquired by the Involuntary Transferee for a purchase price equal to the lesser of (i) the Fair Market Value of such Interest and (ii) the amount of the indebtedness or other liability that gave rise to the Involuntary Transfer plus the excess, if any, of the Carrying Value of such Interests over the amount of such indebtedness or other liability that gave rise to the Involuntary Transfer. Notwithstanding anything to the contrary, any Involuntary Transfer of Override Units shall result in the immediate forfeiture of such Override Units and without any compensation therefor, and such Involuntary Transferee shall have no rights with respect to such Override Units.
Involuntary Transfers.In the event of an involuntary transfer as required by the needs of the school system, the following guidelines will be observed:
a. When an employee who is performing satisfactorily is transferred involuntarily, he/she will be included with the employees to be involuntarily transferred, laid off personnel and employees returning from leave and shall be considered for any and all vacancies which may exist within his/her prior classification for which the employee may qualify. Employees may submit a list of worksites in preferential order for which they wish to be considered.
b. Where a transfer has not been requested and the transfer results from a reduction in the number of employees at a work site, the Chief Human Resources Officer, or his/her designated representative, shall discuss the reason for such transfer with the employee involved prior to the implementation of the transfer. The employee may list worksites for which he/she wishes to be considered. When more than one (1) clerical employee in an identical classified position is employed at a given school/office, the employee to be transferred shall be the one with the least seniority, except where the need to maintain balanced staffing is demonstrated. When more than one paraeducator is employed at a given school/office, the employee to be transferred shall be the one with the least seniority, except where the need to maintain balanced staffing or to address special training or talents is demonstrated. Employees involuntarily transferred shall remain on the transfer roster. When an employee is transferred involuntarily after the beginning of the school year, he/she may elect to be included on the excess list for the following school year. Involuntarily transferred office professionals and paraeducators, and office professionals and paraeducators requesting a transfer to another position, shall be considered for appropriate vacancies simultaneously.
Involuntary Transfers.19841 Provides relocation expenses for involuntary transfer or promotion requiring a change in residence. 19994.1 Authorizes involuntary transfers. Requires 60-day prior written notice when transfer requires change in residence. 19994.2 Allows seniority to be considered when two or more employees are in a class affected by involuntary transfers which require a change in residence.
Involuntary Transfers.(1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer.
(2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer.
(3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred.
(4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final.
(5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal b...
Involuntary Transfers.12.4.1 Involuntary Transfers may be made for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirements, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing by the administration; state or federal requirements.
12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined district-wide rather than site-level.
12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs.
12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion.
12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years.
12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent.
12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendent.
12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036.
12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred.
12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits.
12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the a...
Involuntary Transfersa. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred shall be given the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Involuntary Transfers.[a] Involuntary transfers or reassignments shall be made only after a conference between the classified employee involved and the principal or supervisor involved. The classified employee shall be notified of the reasons for reassignment. [b] In the event a reduction in staff is necessary because of decreasing student enrollment in the District, discontinuance or substantial reduction of a particular service, unanticipated shortages of revenue following budget adoption, or of school consolidation, career employees with satisfactory performance have the opportunity to be considered for involuntary transfer. [c] Preparation Time (prep-time) Specialists shall not be eligible for involuntary transfer. If preparation time positions are eliminated at a location due to staffing reductions, the prep-time specialists shall be considered reduction in staff and be given voluntary transfer consideration only. [d] The District shall attempt to place employees in positions with the same number of authorized hours as their last position. However, if an employee is offered a position with the same number of hours or more hours and declines that assignment, the District’s obligation to place the employee ends. [e] The District shall not be obligated to continue to attempt to place individuals designated for involuntary transfer if they reject interviewing opportunities or assignment offers in their job classification. [f] The District shall not be obligated to place employees in a job classification different from the one where they are presently assigned. If an employee voluntarily accepts placement in a job classification different from the one where they are presently assigned, the District’s obligation to place the employee ends. [g] If no positions in the same job classification are available within twelve (12) months following the last day worked by the employee, the District’s obligation to place the employee ends.
Involuntary Transfers.An involuntary transfer may be made after the Voluntary Transfer provisions in Section 1. above do not result in filling the posted vacancy; or when management determines that it is in the best interest of all Parties involved to involuntarily transfer an employee. Management will conduct a meeting between the employee involved and the principal or department head, and a Union representative if requested by the employee. During this meeting, the employee shall be provided valid reason(s) for the involuntary transfer and such reason(s) shall not be arbitrary or capricious. Such factors as length of service, job competency, and geographic location should be given consideration to the extent that these factors do not, in the opinion of the Superintendent, interfere with the best interest of the District. The employee shall be given a minimum of three (3) workdays notice prior to the involuntary transfer.
Involuntary Transfers.Should an employee be involuntarily transferred or reassigned on a permanent basis, the Assistant Superintendent-Business and Operations shall meet with the employee and the Union to discuss the reasons for the transfer or reassignment and to consider any unreasonable hardships that may be incurred as a result of the transfer or reassignment prior to its implementation. No loss of pay or hours shall result from any such transfer or reassignment.
Involuntary Transfers.A. When involuntary transfers are necessary because of a reduction in positions in a particular designated area in a particular school the least senior teacher in the school experiencing the reduction shall have the option of voluntarily transferring into the vacancy, after other voluntary transfer rights have been implemented, or forcing an involuntary transfer of the least senior teacher in the designated area, provided the teacher to be transferred is qualified for the vacant position. If, however, the least senior teacher in the designated area is already in the school experiencing the vacancy, the least senior teacher in the school experiencing the reduction shall be transferred into the vacancy and shall not be able to displace any other teacher in the District. Qualifications shall be determined by training and experience related to the vacant position. This Article 9:7A shall only apply when there is a single involuntary transfer in a designated area.
B. In making involuntary transfers occasioned by a reduction of more than one position in a designated area in a school, the least senior teacher from the designated area in the school experiencing the reduction shall be transferred, except that the next senior teacher and teachers in order of seniority thereafter may be transferred before the junior teacher, if the senior teacher's level of performance in the teacher's current position is significantly inferior to the junior teacher in which case the senior teacher shall be transferred first, provided the teacher is qualified to perform in the vacant position. Qualifications shall be determined by experience and training related to the vacant position.
C. In all other involuntary transfers, level of performance, needs of the District including if a school has been deemed nonperforming under the No Child Left Behind legislation, seniority, experience and training related to the position to which the teacher will be transferred will be the only criteria used in making the decision.