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ARTICLE XXVII


CONTRACTING OUT BARGAINING UNIT WORK


27.1 If the District is engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, one or more substitutes may be employed to fill that position for not more than sixty (60) calendar days.

27.2 In the event of any governing board or administrative decision to (a) abolish classified positions for lack of work or lack of funds, and/or (b) lay off classified positions for lack of work or lack of funds, the District shall agree to meet and negotiate the effects of said decision with regard to matters within the scope of representation, as defined by Government Code, Section 3543.2.

27.3 All classified employees currently on layoff, working a reduced hour position, or any employee who accepted demotion in lieu of layoff, as a result of District action shall be given absolute first priority in order of reverse seniority for any open position in the classification which the employee held immediately prior to the layoff, reduction in hours, or demotion (provided that the employee continues to satisfy the then existing minimum qualifications for said position) until such time as all classified employees have been returned to their prior status, or a period of thirty-nine (39) months from the date of the layoff, or a period of sixty-three (63) months from the date of demotion in lieu of layoff. The procedures or requirements of Appendix H of the collective bargaining agreement shall be applicable.

27.4 CSEA shall receive written notice by way of a copy of the Personnel Requisition of all short term employees that have been hired and notice regarding the specific project and/or category the employee has been hired to perform within fifteen (15) working days of the employee's date of hire.

27.5 CSEA and the District agree to the definition of "Short Term" employee contained in the California State Education Code, Section 88003.

27.6 CSEA and the District will accept the guidelines and definitions of "work experience" students and "work study" students as approved by the Board of Trustees and/or the Chancellor's Office. It is agreed and understood that the Chancellor's guidelines include the Title 5 Regulations from the California Administrative Code.

27.7 Neither work study students nor work experience students shall be used to displace or replace classified bargaining unit employees. In the event of a layoff, reduction of hours, or abolishment of bargaining unit positions, no additional types of work previously performed by the employee(s) affected (by the layoff, reduction of hours, or abolishment) shall be assigned to any work experience or work study student. In the event of a layoff, reduction of hours, or abolishment of bargaining unit positions, all short-term employees in a particular classification shall be displaced prior to any displacement of classified bargaining unit employees in that classification.




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