OBLIGATION WITH RESPECT TO RE-EMPLOYMENT OR OTHER EMPLOYMENT. 1. Notwithstanding any other provision in this agreement, no vacancy in a bargaining unit position will be filled by the Board, and no work previously performed by teachers in the bargaining unit shall be performed by any other person, until the procedures set forth in this Article have been complied with.
2. For one (1) year after the effective date of termination pursuant to this policy's provision, the School Board shall offer to a teacher, who has at least an Effective rating, who has been terminated any position that becomes available for which he/she is both certified and qualified. There will be specific consideration given to affirmative retention of teachers representing minority groups. If several former teachers are both certified and qualified for a position, an offer will be made to the former qualified and certified teacher who had the most seniority when laid-off. The offer shall be made by certified mail, return receipt requested, and the teacher shall be notified that he/she must submit written acceptance within fifteen (15) calendar days. Acceptance shall be in writing. Failure to accept within fifteen (15) calendar days or rejection of the position eliminates all re-employment rights of the teacher.
3. A teacher who is recalled within one (1) year shall have restored all benefits accrued on the effective date of the termination, and for payroll purposes shall be given credit for all previous teaching experience.
4. A teacher who is laid-off will remain on the recall list for one (1) year after the effective date of lay-off unless the teacher:
a. Xxxxxx recall rights in writing.
b. Resigns or accepts a contract for employment with another school system, public or private.
c. Fails to accept recall to the position held immediately prior to lay-off or to a substantially equivalent position. The teacher may exercise one time only the rejection of an offered position if that position is one in which the teacher does not feel totally confident in assuming.
