Common use of Precedence of Article XII Clause in Contracts

Precedence of Article XII. Article XII must be followed first and will take precedence in a reduction in force situation. It is also the intent of both the Association and Board that employees subject to a RIF cannot increase their hours per day within the classification from which they have been laid off when they are recalled to work. If a vacancy occurs within a classification with greater hours than a member on the recall list was assigned prior to being reduced, the Board will post and fill the vacancy according to Article X. The procedures for posting and filling vacancies under Article X will be followed until a position with similar or fewer hours becomes available for the member on the recall list in that member’s classification. No vacancy within a classification will be posted to outside candidates unless there are no members within that classification who remain on the recall list and who have declined the opportunity to be recalled into the posted position.