ARTICLE 14 - Transfer

A. A transfer is a change in a unit member's given department or campus at the same load. A campus includes all work sites under the specific administration of that campus.

B. Emergency Transfers – Where a full-time faculty vacancy occurs during a semester, the District may temporarily place any employee in such vacancy for the remainder of the semester.

C. Self-Initiated Transfers (Voluntary) – Regular full-time employees, upon request, shall be given consideration for permanent transfers to vacancies occurring prior to the beginning of a regular semester. Contract (probationary) employees may not apply for voluntary transfer.

D. Management-Initiated Transfers (Involuntary)

1. Other than 14.C above, management will solicit and make reasonable effort to find qualified volunteers prior to involuntarily transferring a regular full-time employee.

2. Involuntary transfers of full-time employees shall not be made arbitrarily or for disciplinary reasons. Upon written request, the employee shall be furnished, in writing, the reason(s) for the involuntary transfer.

3. An involuntarily-transferred full-time employee shall retain for two (2) years the right to return to his/her original department or work site if/when conditions permit, by requesting such return in writing, and, shall retain for an additional three- (3) year period the right of first consideration for return to his/her original department or work site if/when conditions permit by requesting such consideration in writing.

E. In all transfers, faculty members shall be considered on the basis of credentials, major and minor fields of study, qualifications, affirmative action, seniority, job performance, special job-related skills, and the needs of the District.

F. Where involuntary transfers occur, other than reduction in force, and additional training is deemed required by the District in regard to full-time employees, such training shall be at District expense as to tuition, books and related expenses.

G. The Chancellor is authorized under the Education Code and authority delegated and imposed upon him/her by the Board of Trustees to make transfers of all employees based upon the needs of the District and consistent with the terms of this Agreement.

ARTICLE 15 - Resignation

A. A resignation is a statement in writing on the part of a faculty member that he/she wishes to terminate employment with the District.

B. A faculty member may terminate his/her employment provided that he/she gives at least 30 days written notice in writing.

1. All resignations shall be submitted directly to the Chancellor's Office or Designee, and be dated, and immediately forwarded to the Human Resources Department.

C. Responsibilities of Employee

1. Return all faculty and student records to the appropriate administrative office.

2. Return all keys, parking permits, audio-visual items, library books, etc. to the appropriate offices.

3. Return any departmental campus/school items.

ARTICLE 16 - Work Environment

A. District and Union agree that appropriate levels of cleanliness, lighting, ventilation and temperatures, adequate security, police services and secure and safe classrooms are necessary and conducive to optimum learning and teaching.

B. The Union shall designate representatives to the Health and Safety Committee in accordance with the Shared Governance Agreement.

C. District agrees it shall maintain and comply with all safety requirements as determined by applicable law including regulations of the California Occupational Safety and Health Act (Cal OSHA).

D. Where a student makes a real or implied threat of bodily harm or injury:

1. The faculty member must report the threat immediately to the campus police, if on site, and the immediate supervisor/chairperson. The faculty member is required to follow up such immediate report in writing in accordance with the established "Notice of Instructor's Discipline Form."

2. The faculty member may remove the student for up to two (2) consecutive class meetings in accordance with established District procedure.

3. The administration shall conduct an immediate investigation/hearing. During the period of investigation/hearing, if the faculty member feels endangered, he/she may request and the District shall make a reasonable effort to make the work environment secure by doing such things as changing the class site, providing on-site security, reassigning of the student or teacher by mutual agreement, or using other remedies agreed upon by the District and faculty member.

E. In cases of assault and battery, it is the duty of any faculty member who is attacked, assaulted, or menaced by any person and the duty of any person under whose direction or supervision such faculty member is employed who has knowledge of such incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. If the attack, assault, or menace was by a student, failure to make such a report is a misdemeanor punishable by a fine of not more than $200, and any action designed to influence the faculty member not to make such a report is also a misdemeanor subject to a fine of not less than $100 or more than $200.

F. Faculty may request and the District shall make, within time, space and budget limitations, every effort to provide faculty members secure spaces to lock up teaching materials.

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OPEIU248:3AFL-CIO