Involuntary vs. Voluntary Transfers

(posted 4/13/09) The language in the Contract says 10.1.1: "A transfer is a change of work location between schools or facilities." 10.1.3 states that a "voluntary transfer/reassignment is one which is initiated by the bargaining unit member." 10.1.4 states that an "involuntary transfer/reassignment is one which is not initiated by the bargaining unit member, but rather by the administration."

The interpretation of the District is that ESC teachers who receive an assignment to another site or to more than one site are being involuntarily transfered by the administration. A transfer is a change of work locations between schools or facilities, and if it's being initiated by the District, then it's involuntary, which gives the teacher priority over voluntary transfers for open positions.

If ESC teachers choose to return to the classroom, it must be to a vacancy as defined in 10.1.5 "a vacancy is any job opening within the District directly or indirectly created by a termination, resignation, retirement, staff addition or change in enrollment."

For example, an ESC teacher cannot "bump" a third grade teacher out of his or her position, even if the 3rd grade teacher is lower on the seniority list unless the 3rd grade teacher receives a final layoff notice by May 15. If the teacher receives a final layoff notice by May 15 or is a temporary teacher who has received a "notice of non-reelection" prior to the end of the school year, their position is officially "open" or termed a "vacancy" and the ESC teacher could then express an interest in that position and would have priority for the position because of their involuntary transfer status. (All temporary teachers in the District received a "notice of non-reelection" before March 15, 2009 and therefore, their positions are officially vacant for next year at this time.) If there is more than one ESC teacher who wants the open position, then the Contract criteria in 10.5.2 would be applied to make the final decision. If the ESC teacher moves to the 3rd grade position and then decides the next year that he or she would like to return to an ESC position, then that teacher would apply for a voluntary transfer if there was a position open.

(This is taken from an email written by Dr. McClain on April 2nd with her permission.)