REA Union Voices
REA Union Voices is geared toward Richland Education Association members, so they can find out more about REA, WEA, and NEA, as well as the REA-RSD Certificated Contract. Through funny stories and anecdotes, listeners will hear from real Union leaders, so they can use their contract and Association resources to advocate for the best possible wages, hours, and working conditions.
REA Union Voices
Episode 21: Article 6–Assignment, Transfer, and Vacancy Part 3
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Krista and Jeri continue their conversation on assignment, transfer, and vacancy with a focus on administrative transfer. That is when your principal tells you that you have to move to a different school.
Oh, that metronome. Oh well, we're just going with it. It overlapped. I think it overlapped. Yes, there's a metronome that starts. We use the, I don't even know what this is, but whatever thing we use has a metronome, so we can keep our beat. Yeah.
SPEAKER_01We can't figure out how to not have a metronome.
SPEAKER_00But in any case, um, hello, this is Aria Union Voices. I'm Krista. And I'm Jerry. And we're the president and vice president of the Richland Education Association. And how are you doing, Jerry?
SPEAKER_01Actually pretty good. Things are going pretty good. I finally um went and talked to my principal and said, I want to move back into the building.
SPEAKER_00Do you think they're gonna let you finally?
SPEAKER_01I don't know. He said he said email him. So emailed him, but I well laughingly, he said, Oh, you're not you're tired of the tech out there because I I don't have a speaker that works, so when we have lockdowns and things, they have to call me.
SPEAKER_00Oh no.
SPEAKER_01And they've replaced it twice.
SPEAKER_00So it would be nice because you don't you don't even have anybody next to you anymore. No, it's just you. You're out on your in your little island. Yes, your little portable, yes.
SPEAKER_01So they have to call me for any announcements, any any you know, lockdowns, any anything, you know. Oh, we're having pictures now.
SPEAKER_00Do they actually call you though? Yeah, they remember to do it.
SPEAKER_01They're getting better. Okay, because I told them my kids come running out there, Miss Mar, they're supposed to be in here. I'm like, I don't know.
SPEAKER_00I have no idea what's going on. You're just in there teaching and the rest of the building is falling to the ground, perhaps. And okay, let's oh well, at least you and your kids won't be stressed. But that would be nice. I would love for you. I know it's been a long time coming, trying to get in.
SPEAKER_01Yeah. Um, I want to be with my teaching peeps. It would be nice.
SPEAKER_00Yeah, yeah, for me, it just I already told you, but yeah, my 78-year-old mother got into a car accident and totaled her car, has two broken ribs, but she's doing fine. Now my sister and I are just worried about her driving. I had to even say, so now, mother, because they cited her as being the cause of the accident. She went across two lanes to get into another turn lane that was coming really quick. She was coming from a restaurant and kind of crossed two lanes of traffic and got clipped by a giant like semi-truck, I guess, and spun around, and then she ended up hitting another car. Oh. Scared me. But yeah, but my husband and I already have a replacement car for her, and so I'm gonna take sick leave. Uh well, I'll be on sick leave maybe when you hear this on Monday or probably Tuesday when I'm actually able to get it out to people. But yeah, I'm gonna take sick leave this Friday and Monday to go help her.
SPEAKER_01Yeah.
SPEAKER_00Up in Winanchee.
SPEAKER_01So ribs hurt. I know you feel them for everything.
SPEAKER_00She has to sleep in her chair, in her recliner, so I feel bad. But but it sounds I've called her every day just to make sure she's alive. Make sure she's doing fine, but she is, so yeah. So I'm kind of actually looking forward to having a little bit of time off too. I have the sick leave, and I'm gonna go ahead and use it as I should, being a strong union advocate. Yeah, and you're gonna go take care of this.
SPEAKER_01We have family sick leave, that's what it's like.
SPEAKER_00Yeah, exactly. So, yeah, absolutely. Good for you. So we are still talking about article six, assignment, transfer, and vacancy. We have covered a couple of weeks ago how it should go when there is an actual vacancy, and um, you can apply for a different position within your building or to do a transfer, um, which would be moving to a different building or work site. And um, then last week we talked about administrative reassignment. Now remember that's when um a section in your department or your grade level collapses, and then you have to move to a different grade level or um hopefully at the secondary level, a different department where you're actually certified. Yes.
unknownYes.
SPEAKER_00Might happen more in middle school where there's a lot more people who can teach all kinds of things.
SPEAKER_01Or a little more um, what is it, flexible? Yeah, with certificate.
SPEAKER_00Yeah. So this time around, we were going to talk about administrative transfers. Do you want to read the definition? I can't. I will. It's back here.
SPEAKER_01Administrative transfer happens when the district mandates an employee to change their work assignment to a different building.
SPEAKER_00Yeah, so with administrative transfer, yeah, this is the hard one.
SPEAKER_01Yeah, because you don't have a choice.
SPEAKER_00Yeah, you don't have a choice, and you're actually leaving your building. So for some, they might be going, yay, finally, somebody made the decision for me. I'm gonna leave this place. Um or a volunteer may raise their hand and go, finally, I'm gonna go. Um, but yeah, but most of the time people are really upset. They they want to stay in their building. Yeah. Um, so typically this happens due to there's excess staff and declining student enrollment. So students drive everything. This isn't your principal or the district out to get you. They are looking at student numbers. Um and right now, because of the way the district has tightened its uh, I guess, belt on um class sizes, there was a time when the district was pretty um generous with oh yeah, they would keep keep classes open that yeah.
SPEAKER_01Yeah, pretty small.
SPEAKER_00Yeah, really small class sizes. And so they are, you know, we when we get to Article 7, we'll talk about class sizes, but the district is looking at staffing with the numbers that our contract speaks to.
SPEAKER_01Yeah.
SPEAKER_00And so it's just feeling like bigger class sizes and more people maybe moving. Um but yeah, it also happens during a school closure or if they reorganize the boundaries. Um, I've not seen a school closure since I've been in the district.
SPEAKER_01No, I heard about one a long time ago, but it wasn't ever since I've been here. So it's been 30 years.
SPEAKER_00Yeah, and I don't know that I've heard them talk about just changing boundaries other than when we've added schools.
SPEAKER_01Yeah, we've had to change because of the new school.
SPEAKER_00Yeah, and I think the only new schools now we've had um since I've been here, White Bluffs. Well, that was new.
SPEAKER_01Wiley was the first one for a long time.
SPEAKER_00Oh, Wiley and then what, White Bluffs?
SPEAKER_01Yep, Wiley and White Bluffs.
SPEAKER_00And then Orchard and then Libby.
SPEAKER_01Yeah, and then Desert Sky.
SPEAKER_00And then Desert Sky.
SPEAKER_01Yeah.
SPEAKER_00So yeah, so I came to White Bluffs, but it was fairly new. So yeah, so those other ones.
SPEAKER_01I opened Wiley. Okay, okay. But I was I was administratively transferred because I was the little person at Tap teal.
SPEAKER_00Yeah.
SPEAKER_01So I didn't I didn't volunteer to go to the new school.
SPEAKER_00I yeah, when Orchard opened, I mean, I put in for a position and wanted it. I think everybody, I I pretty much think they filled the school with volunteers, but they did have to look at at the buildings where they were losing staff. Yes, they did have to make sure that they were accused, yeah, that they got to go. So, so yeah. Um, sometimes, and we're not really gonna talk so much about this this time. Maybe we'll save it for next week. Sometimes there are administrative transfers for conflict between employees.
SPEAKER_01Um, I'm getting along. Oh, yeah.
SPEAKER_00I would say that is rare, yeah, but it does happen. Um, and sometimes too, I'm just gonna be 100% honest. Sometimes too, um, when we're dealing with due process issues or disciplinary issues or a situation where maybe a teacher just isn't thriving in a certain atmosphere, um, and it's causing maybe evaluation issues or disciplinary, you know, issues. Um, sometimes the district and the association will agree, like, okay, let's find a better placement for this person.
SPEAKER_01Yeah, first start, new eyes.
SPEAKER_00Exactly. So we're we're gonna kind of skip over that one. But so you're in your building, Jerry, and your principal says, uh-oh, we have to go from having whatever 35 teachers to 34. Um, we don't have enough students.
SPEAKER_01Right.
SPEAKER_00So everybody looks around. Avoids eye contact. When that happens, the principal is gonna talk to the entire staff about that. That hey, we need to decrease a teacher in this building or we need to lose some certificated FTE. Right. Um, and so somebody's going to be transferred at that point. Someone's gonna be transferred. If nobody volunteers, Jerry, who who is it gonna be? It's gonna be the least senior person in the building. It is gonna be the least senior, but an important part, and I think we got it codified. It was something that we were following before, but it's also assuming program requirements.
SPEAKER_01Yes, yes.
SPEAKER_00So if the least senior person is the special ed teacher, but they need to lose, they need to reduce in language arts in a gen ed position, they're probably not gonna be able to transfer that special ed person because it's not gonna solve the problem.
SPEAKER_01Yeah, yeah, you're right.
SPEAKER_00So the person that is gonna be transferred is gonna come from whatever basket. Yeah, whatever, yeah, whether it's gen ed, but it might be special ed that they have to reduce. You know, they can't they can't transfer a special uh a general ed teacher just to a special ed position because we are still gonna have too many special ed teachers. Yeah, so they will go to the entire building first to ask for volunteers. So if it's a gen ed position, what happens, Jerry, if a more senior person raises their hand, they get to go. They get what if three more senior senior more senior person gets to go? Yeah, essentially the most senior person gets to go. And so this has happened. And they usually am I yeah, go ahead.
SPEAKER_01Don't they usually have a spot where they're going? Or they get to choose like the open spot.
SPEAKER_00They do, yeah, and so yes, so there are some protections in place. Oh yeah. So so first we know that somebody's gotta go. Okay, and so it's gonna either be the least senior teacher, assuming program requirements, or it's gonna be the most senior teacher who volunteers.
unknownYes.
SPEAKER_00And when that happens, though, they don't automatically know where they're gonna go. But as positions start getting posted on the um the job site, who at whether it's a volunteer or whether it's the least senior, that person is having to move because of the involuntary or the administrative transfer. So when they see a position post on the job site, yeah, they need to automatically go in there and apply for it. Their name shoots right up to the top. And um, even if they don't have more seniority than other people in the district because they were administratively transferred, they would then get that position. Right.
unknownYeah.
SPEAKER_01It's kind of a it's not a perk, but it is kind of a perk of look, we had to do this, you took one for the team. We're gonna give this to you, we're gonna let you choose.
SPEAKER_00Well, what we don't want to do, and again, assuming program requirements, is once a lot of different people that hold multiple endorsements start applying for positions. So let's say special ed people apply for that position, it may end up at the very end of the shuffle that the only position that's available is say a special ed position, or maybe it's a school psych position because the school site got their teacher certificate and wanted to become a teacher. And now all of a sudden you have this person who's been administratively transferred that does not have the credential to do that position, and and it's gonna necessitate another person being administratively transferred. Yeah, it's a whole domino effect. So, you know, and I did have, I think I may have mentioned it before, I did have a teacher one time say, well, then what's the point though of seniority? Remember though, seniority keeps you in your position, so you're not the one who is being administratively transferred.
SPEAKER_01Yeah, you don't have to raise your hand.
SPEAKER_00Yeah. So the other thing I think that's important to know, so Jerry is right, it is it is a perk or it is something again for taking one for the team. You get kind of first dibs at the positions. Now, if there's more than one person who has been administratively transferred, and they both apply for the position, Jerry, who do you think's gonna get it? The most senior person. The most senior person is gonna get it, and then the other person just keeps applying.
SPEAKER_01Yeah.
SPEAKER_00And the other thing to remember, once you've applied, if you've been administratively transferred, if you've applied once, that's that's your go straight to the top.
SPEAKER_01Yes.
SPEAKER_00But if during the course of assignments uh and transfers, when jobs get posted, if you see another job in the district that you are you would rather have. You would rather have, you can still apply for it. You're just not gonna keep going straight to the top. Right at that point, it's a vacancy and you are there with everybody else.
SPEAKER_01Yeah, you get that one shot of I want this, and then after that, it's it's on you.
SPEAKER_00But yeah, but you also probably do want to really be looking, and when you see a position that seems to be what you want, I would my advice would be to put in for it. You don't want to wait till the very end and not not even have that opportunity. Not even really have anything, yeah, but you are owed a position, which is good. Um, you know, the other uh the other perk once you get administratively transferred, um, it's limited to one every three years. So we used Jerry, her school as an example. Let's say she says, fine, I'll go, or she's the least senior. She has to go to a different middle school, but she's like, I love Chief Joe, I want to go back. Most of the time, I'm not gonna lie, people go to the new school and they go, I love it here.
SPEAKER_01I love it. I'm gonna stay.
SPEAKER_00I want to stay. But if um I really want to go back, if you really want to go back and a position opens up the next year or within three years, you would be able to say, I want to go back.
SPEAKER_01Yes.
SPEAKER_00Even if you volunteered, as long as it was initiated by admin.
SPEAKER_01Yeah, even if I volunteered to move, then I have that first right of refusal to go back to my building.
SPEAKER_00And especially if you're the um the least senior, because most likely with Jerry being um a more veteran teacher, she's probably gonna go to her new school and not be the one that's gonna be administratively transferred again, where the least senior teacher very well may still be the least senior in the new building.
SPEAKER_01And that's how I was when I I mean we're going way back to when Wiley was opened. I was least senior at Taptail, I was least senior at Wiley, and so, but when a position opened at Taptail, I didn't go back because I left Wiley.
SPEAKER_00You were happy with where you were at.
SPEAKER_01Yeah, happy where I ended up.
SPEAKER_00Yeah, so uh yeah, and I think that's you know, well, and again, the reason I will I'm not the one that bargained all of this from the beginning. You know, maybe Jerry was. I, you know, I who knows when this was bargained. But the reason for this kind of language isn't to try to shortchange seniority, it's because we also acknowledge that brand new teachers. This is not good for them. It's not good for students to have somebody just every single year being moved around.
SPEAKER_01Yeah.
SPEAKER_00So yeah, so so they do, it is limited to one every three years. Um they're gonna be in their building without the fear of being administratively transferred again. That doesn't mean you can't be administratively reassigned.
SPEAKER_01Right. So that doesn't mean, okay, now I'm teaching seventh grade instead of eighth grade.
SPEAKER_00Right. You got administratively transferred to an eighth grade position, but then due to the numbers, they need to reduce. You may be the least senior at your on your department or your grade level and then have to move to a different position within your building. So it doesn't stop that.
unknownRight.
SPEAKER_00Um, yeah, and that that right of first refusal, if you see a position, and it doesn't have to be the same position.
SPEAKER_01Just to get back in the school, you could take something else.
SPEAKER_00Yeah, if there's a position that you're qualified for, um, you still apply for it on the jobs posting. And my advice is that you email both the principal at that school and email the HR director just to let them know. Yes. But HR is supposed to look at that and know your name is gonna go up to the top and you're the one that's gonna get it. And of course, of course, unless there's two people that were transferred from your building, then who gets it, Jerry? The most senior. The most senior. Um, the other thing, if you are administratively transferred, you get one, or sorry, you get three days um of pay at per diem. If it happens during the school year, because there's no guarantee, typically this um happens. I don't want to say more often, but it doesn't happen often, but it does happen to elementary teachers more often where the first couple weeks of school they realize, oh, we don't really need four kindergarten teachers. So somebody in the building is gonna be transferred. Um, and if that happens after the school year has started, then you can also request to have three days um where you get a substitute to cover your class while you start packing. Yeah um or three days of pay at per diem.
SPEAKER_01The choice is yours.
SPEAKER_00Yeah. Um let me think. Is there anything else that you can think of, Jerry? I don't know if we wanted to address those or if those that's old or um yeah, no, if an employee is, it just says if an employee is administratively transferred into a position that will cause the district a loss of funding under state or federal regulations, the district shall provide the employee assistance and support, including payment of associated costs and compensation for the employee's time in fulfilling the necessary requirements. You know, this language is still in here and it would come into play if for some reason at the end of all of this you ended up in a position that maybe you weren't qualified for. The district can emergency certify you. And if it was something that you needed to go and get some a class or something, they would pay for that. Right. Compared to when if you're voluntarily saying, Hey, you know, I really would like to teach this CTE course and it's costing the district money, you have to pay to go take the classes to get the credential. Yes. Um and then, yeah, and then the other the only other thing it says when it when an employee is reassigned to a position that requires the employee to become highly qualified, the district will reimburse the employee for the cost of taking and successfully completing the necessary test.
SPEAKER_01I have to laugh at that because that was taking and successfully completing, because I heard a story from our HR for a while ago. Somebody took the test like seven times. And that's why they put in the successfully completed. Because they were putting up quite a bit of money because those tests aren't cheap.
SPEAKER_00Well, yeah, you know, and with the whole highly qualified, a lot of this goes way back to when no child left behind back in the early 2000s. Yeah. So, but in any case, um, I the district's not going to try to place you in a position that is going to cost them money or that you're not qualified for. Right. There's also other language that protects you. If you did end up in a position that you don't have an endorsement for, um essentially you're kind of good to go on your evaluation because they can't evaluate you. That's true. You know, they just have to give you your proficient. Yeah. You know. We put you there. But yeah, so there is language that does try to mitigate and protect people who are administratively transferred. And I think at this point, um, we're not finished with article six because there's a few other um parts of this, and we want to make sure we do uh due due diligence with this. But at this time, Jerry, what do we say when we say goodbye? In union, there is strength.