Common use of Recall Rights and Procedure Clause in Contracts

Recall Rights and Procedure. 1. If the Superintendent should decide to terminate the employment of an employee serving at the discretion of the Superintendent (a professional status teacher) because of a decline in pupil enrollment, budgetary constraints or programmatic changes, the Superintendent shall deliver to the employee a written notice of termination which will affirmatively set forth: (1) the date of termination and (2) a statement that such termination is because of a decline in pupil enrollment, budgetary constraints or programmatic changes, and (3) the areas within which the said employee is then certified to teach according to the records of the District. 2. If within the one-year period immediately ensuing the termination of the employment of a professional status employee because of a decline in pupil enrollment, budgetary constraints or programmatic changes, a teaching vacancy shall occur within the District, the Superintendent shall (1) so notify, in writing, those professional status employees whose employment has been terminated (because of a decline in pupil enrollment, budgetary constraints or programmatic changes) within that one-year period immediately preceding the date that the vacancy is to be filled and who are certified to fill the vacancy, and (2) appoint to such vacancy an employee who has been so notified and who has within the fourteen (14) work days immediately ensuing the date of the aforesaid notice delivered or caused to be delivered to the Superintendent a written request for appointment to such vacancy. If two (2) or more employees shall have requested appointment to such vacancy in a timely manner, the Superintendent shall appoint the employee who is deemed to best serve the interests of the District. In considering the employee who will best serve the interests of the District, the Superintendent will consider the classroom performance of the employee, areas of certification, length of service as a full-time teacher in and out of the District and that work done outside the classroom by the employee. Primary consideration, however, will be the performance of the employee. The decision of the Superintendent as to the recipient of such appointment shall be final and binding and shall not be subject to either grievance or arbitration. 3. In the event that an employee whose employment has been terminated as provided in this article acquires further certification within the one-year period immediately ensuing the date of termination, the employee shall so notify the Superintendent. Such notice shall be in writing and shall set forth the fact of such additional certification and the details thereof. Absent such notification, it shall be conclusively presumed that an employee holds only such certification as is set forth in the written notice of termination referred to in paragraph 1 of this article. 4. The notice referred to in paragraph 2 of this article to be given by the Superintendent to the employee shall be delivered by certified mail receipt mail to the last known address of the employee as such address appears upon the records of the District. It is the burden of the employee to advise the Superintendent of any change of address occurring subsequent to the termination of employment.