Common use of Reduction in Force and Recall Clause in Contracts

Reduction in Force and Recall. The District and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issued. In the event of a decision by the Board of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service (RIF), the order of dismissal and recall shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher and also given to the teacher either by certified mail, return receipt requested, or personal delivery with the receipt, together with a statement of honorable dismissal and the reason therefore. If positions become available within three (3) calendar years subsequent to the date of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligible.

Appears in 3 contracts

Samples: Substantive Agreement, Substantive Agreement, Substantive Agreement

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Reduction in Force and Recall. The District A. In the event that a reduction in the number of teachers with professional teacher status (PTS) is deemed advisable by the Superintendent, the following rules shall apply in the determination of which teachers are to be laid off: 1. Teachers with PTS shall not be laid off if there is a teacher without PTS whose position the teacher with PTS is qualified to fill. 2. Reduction in force of a teacher with PTS within the targeted disciplines shall be based on a teacher’s job performance and the REA best interest of the students, which is defined as the teacher’s most recent summative overall evaluation ratings as compared to other teachers’ most recent summative overall evaluation ratings (with ratings of Meets the Standards of the Southborough School District for evaluations prior to 2013-2014). Proficient and Exemplary will be considered equal. a. If there is a tie using the above criteria, the tie shall annually convene be broken by seniority, with the Joint Reduction least senior teacher in Force (RIF) Committee (Joint RIF Committee) before December 1 the discipline targeted laid off first. If there is still a tie, versatility and/or licensure will be the determining factor. A teacher’s placement on the salary schedule shall not be a factor in the consideration of layoffs. 3. Seniority shall be defined by the length of uninterrupted service in full-time equivalent years and days working under a valid license, from the most recent commencement of service. A seniority list by name shall be provided to discuss the Association by November 15. Disputes over the list shall be submitted to the Superintendent within 30 calendar days of distribution. The Superintendent will respond in writing within 30 calendar days. 4. Unpaid leaves of absence shall not cause an interruption in seniority, but shall not be counted toward credit. Professional status teachers who face the prospect of employment termination, as a result of a reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached by the Joint RIF Committee force, shall be communicated to the superintendent and the REA prior to February informed in writing by May 1 of the school year preceding the anticipated reduction, when feasible. 5. Teachers with professional teacher status who have been reduced shall be eligible for continued participation in which group insurance plans at their own expense to the RIF Notices are being issued. extent provided by federal (COBRA) regulations. B. Teacher Recall Procedures In the event of a decision by layoff or a reduction in force, teachers who have been rated Proficient or Exemplary at the Board time of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service (RIF), the order of dismissal and recall layoff are eligible for recall. No new employee shall be applied hired for a permanent position until such time as outlined every eligible employee on the recall list has been given an opportunity to apply in Illinois School Code Section 24-12. Upon notification by writing to fill the REA, the Board shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal Listvacancy. 1. The honorable dismissal Superintendent shall maintain a complete list will of all professional personnel formerly under the contract who are, by virtue of declining student enrollment and/or school closings, dismissed. It is the applicant’s responsibility to furnish current information and an updated resume. a. A teacher’s name shall be categorized by names and positions and show maintained on the groupings (1-4) of teachers qualified recall list until the September 1st two years after the date on which the layoff occurs. Personnel on this list are encouraged to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List notification if they no longer wish to be considered for recall. b. Names still listed at least 75 (seventy-five) calendar days before the end of the school termrecall period will be dropped. c. Individuals who refuse a job offer (of equal FTE) will be dropped from the list except for verified medical reasons. The Board Medical reasons do not extend the recall period. d. When a vacancy occurs, the personnel department will also provide notify each qualified former employee on the REA with recall list by mail that a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notificationvacancy exists. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified interested must express this interest in writing at least fortywithin a 14-five (45) day calendar days before the end of the school term. Such written notice must be mailed to the teacher and also given to the teacher either by certified mail, return receipt requested, or personal delivery with the receipt, together with a statement of honorable dismissal and the reason therefore. If positions become available within three (3) calendar years subsequent to period from the date of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualifiednotification’s postmark. 2. Upon recall, teachers eligible for employees shall advance one step on the salary schedule, provided that they are employed by the District (90) days in the year directly preceding their layoff, and have satisfied all other contractual requirements. PTS returning to service shall have their accrued sick days and seniority restored. Any teacher with professional teacher status electing to be placed on such recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2) list will be placed in the first available position for which they are qualifieddeemed to have waived his hearing rights under MGL, Chapter 71, Section 42. A teacher shall be recalled by registered or certified letter to This section does not abrogate the teacher’s address on file with right to the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this grievance procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligibleas described herein.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Reduction in Force and Recall. A. The District and Board may reduce the REA shall annually convene teaching staff according to the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached needs of the school system as determined by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issuedBoard. In the event of a decision by the Board of Education that it becomes necessary to decrease the number of teachers employed by the Board lay off one or to discontinue some particular type of teaching service (RIF)more teachers, the order following provisions shall apply: 1. The Board will first determine the positions to be eliminated. For the purposes of dismissal and recall this Article, the teachers holding such positions shall be applied referred to as outlined “the affected teachers.” 2. If any of the affected teachers are non-tenured, those teachers shall be laid off first. 3. If any of the affected teachers are tenured, the following provisions shall apply in Illinois School Code Section 24-12. Upon notification by the REAorder to determine which tenured teachers shall be laid off: a. For each such teacher, the Board shall negotiate review all certifications held by the impact teacher at the time of such determinations. b. The affected teacher shall bump the decision least senior teacher in all areas in which the affected teacher is certified (taking all of such certification areas together in the RIFaggregate), over whom the affected teacher has greater seniority. Employees will For the purposes of this Article, the teacher bumped as a result of such movement shall be honorably dismissed according referred to as “the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show bumped teacher.” In the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations event that there is no teacher whom the affected teacher can bump in accordance with this provision, then the School Codeaffected teacher shall be laid off. c. The bumped teacher shall in turn bump the least senior teacher in all areas in which the bumped teacher is certified (taking all of such certification areas together in the aggregate), over whom the bumped teacher has greater seniority. In the event that there is no such teacher, then the bumped teacher shall be laid off. d. For the purposes of applying the provisions set forth above, an affected or bumped teacher shall not be required to take a position of a lesser FTE status unless the teacher wishes to do so. If the affected or bumped teacher does not wish to do so, then the affected or bumped teacher shall bump the least senior teacher having an equivalent FTE status. e. For the purposes of applying the provisions set forth above, an affected or bumped teacher shall be required to take a position of a greater FTE status. If the teacher does not wish to do, then the affected or bumped teacher shall be laid off. f. In the event that a teacher is on an approved leave of absence and a long- term substitute is filling in for the teacher at the time that the Board makes the determinations set forth above, the teacher on leave (and not the long-term substitute) shall be considered for the purposes of applying such provisions. g. Teachers who are laid off shall have recall rights as set forth in Article XX, Section B. 4. After applying the provisions set forth in Section 3 above to determine which tenured teachers shall be laid off, the following provisions shall be applied to determine the teaching assignments for tenured teachers who were displaced from their teaching positions, but not laid off: a. The Superintendent/designee shall provide an opportunity for all of such displaced teachers to provide input concerning their potential teaching assignments and/or to volunteer for specific teaching assignments. The Superintendent/designee shall consider such input, with the understanding that such input is not binding upon the Superintendent/designee. b. In making such assignments, the Superintendent/designee shall give consideration to all of the following factors: • the depth and breadth of the displaced teachers’ teaching experience (based on a review of the personnel records of the displaced teachers); • each displaced teacher’s professional development; • each displaced teacher’s seniority. c. The Superintendent will make the final determinations regarding the teacher assignments for displaced teachers. Taking into account all of the factors set forth above, the Superintendent shall make such determinations based on the best educational interests of students (including an effort to have the least disruptive impact on students) and the Superintendent’s determination regarding which teachers are most qualified for each teaching position. d. Prior to finalizing the teaching assignments for the displaced teachers, the Superintendent/designee shall meet with the SEA in order to review the proposed teaching assignments. e. All voluntary transfer requests must still be submitted by the deadline set forth in the contract. However, no such transfers will be awarded until any potential assignments resulting from a reduction in force have been made. 5. For the purposes of this Article: a. Seniority shall include the total length of employment with the Board, commencing with the teacher’s first contractual day of work. (Summer curriculum writing prior to the first contractual day of work shall not be included for the purposes of seniority). In the event that two or more teachers have equal seniority, the following factors shall be applied, in the order set forth below, as tie-breakers: 1) Most recent summative evaluation rating. For the purposes of this Article, Exemplary and Proficient ratings shall both be considered satisfactory and shall be considered equivalent. If a teacher is not rated, the previous summative rating will be used. The Administration reserves the right to include the current academic year’s rating should any affected teacher’s rating be projected as less than proficient, which shall have been communicated in writing to the teacher prior to May 1st. 2) Long-term substitute service for the Board added to total seniority (solely for the purposes of this tie-breaker analysis). 3) Total years of teaching experience in any public school 4) Full-time vs part-time status, with priority granted to full-time status (solely for the purposes of this tie-breaker analysis). 5) Degree status (Most advanced degree). 6) The date and time of a teacher’s signing of the letter confirming the teacher’s employment. b. In the event that a teacher separates from employment with the Board for any reason and subsequently becomes re-employed by the Board, the teacher’s seniority shall not continue to accrue during the period in which the teacher is not employed by the Board, but the teacher’s prior period of employment with the Board shall be included in determining the teacher’s total seniority. c. A teacher on an approved paid leave of absence shall continue to accrue seniority during the period of such leave. d. There shall be no pro-ration of seniority based on a teacher’s part-time employment (notwithstanding the provisions of Section 5.a.4 above). 6. The provisions set forth in this Article shall apply only to the actual layoff of one or more teachers, and not to any other circumstance in which there is a reduction in the number of teaching positions within a school, grade or department, or within the district as a whole, but no actual layoff of teachers. B. 1. The Board will provide the REA with the Sequence agrees to maintain a "recall list" of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time all teachers who have previously earned tenure within been separated as a result of the District above procedure. Each separated teacher's name shall remain on the "recall list" for a period of one (1) year provided that, if a reappointment is offered by the Board and refused by the teacher, such teacher's name shall be placed in stricken from the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher and also given to the teacher either by certified mail, return receipt requested, or personal delivery with the receipt, together with a statement of honorable dismissal and the reason therefore. If positions become available within three (3) calendar years subsequent to the date of dismissal – six (6) months for Group 2 teachers – "recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligiblelist.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Reduction in Force and Recall. The District and the REA shall annually convene the Joint A. Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss Notification 1. When the District determines that a reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached by of any staff positions is necessary, the Joint RIF Committee shall be communicated District will provide thirty (30) days written notification to the superintendent Association. The notice will include position(s) to be affected, the proposed time schedule, and the REA prior reasons for the proposed action. 2. The District will also present to February 1 of the year in which Association information regarding funding, educational needs, shifting priorities, and other factors that appear to the RIF Notices are being issuedDistrict to be appropriate. 3. In The Association may notify the event District of a decision by desire to consult about the Board of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service reduction in force within seven (RIF), the order of dismissal and recall shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (157) calendar days of postingreceipt of the notice from the District. If The District will schedule the consultation within seven (7) calendar days. 4. Sudden, unanticipated funding shortfalls beyond the control of the District may causethe Association and District to mutually agree to shorten the timelines. 5. The District will provide the Association with a revision is necessaryseniority list on December 1 of each year and an updated list, a corrected list as needed, at the time of layoff notification to the Association. Seniority shall be created and distributed to defined as the REA within fifteen (15) calendar days length of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, continuous employment with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, District beginning with the shorter length first day of continuing actual service with as a teacher or in another position recognized by the DistrictClackamas ESD Education Association. Leaves of absence will not interrupt continuous service. Ties for position on the seniority list will be broken by a mutually agreed upon process for drawing of lots in the presence of Association and District representatives. B. Procedure for Reduction in Force 1. The District will make every reasonable effort to: a. Transfer employees in positions scheduled for discontinuation to vacant positions or those currently held by a private contractor, for which they are licensed and/or qualified. If no vacancies exist, a more senior employee will be transferred to a position for which they are licensed/authorized, and/or qualified that is currently held by the least senior employee, appropriate as defined by Article 9 B 2 and finally3. If two or more employee’s positions are discontinued, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within comparable licensure/qualifications; the District shall more senior employee will have first choice of available transfer options. Notice of transfer will be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured delivered personally or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher and also given to the teacher either by certified mail, return receipt requested. The employees will have seven (7) calendar days to notify the District, in writing, of their acceptance of the transfer or personal delivery with their resignation. b. Combine positions in a manner which allows employees to remain qualified so long as the receiptcombined positions meet the needs of the District. 2. The following criteria shall be applied in determining which employees shall beretained: a. To fill a position that requires a license or authorization, together with the employee must be properly licensed or authorized at the time of layoff. “At the time of layoff” is defined as the last day worked under contract as a statement licensed employee in the District. b. To fill a position that does not require a license or authorization, the employee must meet the minimum qualifications as listed in the position description at the time of honorable dismissal and layoff. c. In determining employees to be retained when the reason thereforeDistrict reduces its staff under this Article, after license/authorization or qualifications have been determined, seniority as defined in 9.A.5 shall be applied. 3. If positions become available within three (3) calendar years subsequent the District desires to retain an employee with less seniority than the date of dismissal – six (6) months employee being released under this section, the District shall determine that the employee being retained has more competence or merit than the employee with more seniority who is beinglaid off. A competence or merit difference must be demonstrable and significant for Group 2 teachers – recall shall be the position. a. Competence in reverse order of layoff among employees eligible under a licensed or authorized position means the Illinois School Code for recall ability to teach or provide specialized service (i.e., Groups physical therapy, occupational therapy, speech language therapy) to an age or grade level, based on recent experience within the last five years, or educational attainments, or both, but not based solely on being licensed or authorized to teach or provide specialized service to an age or grade level. b. Competence in a position that does not require a license or authorization means the ability to perform the essential functions of the position based on recent professional work experience within the last five (5) years, or educational attainments, or both. c. Merit means the measurement of one employee’s ability and effectiveness against the ability and effectiveness of another employee. Merit will only be considered if the employee is currently on a Program of Assistance for Improvement. 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2) Employees who are on leave of absence will be placed subject to the same criteria as all other employees and, for the purpose of reduction in the first available position for which they are qualified. A teacher force, shall be recalled by registered or certified letter deemed to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligiblehold active employment status.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. The District and If a full-time or part-time Employee is removed or dismissed or the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices hours he/she works are being issued. In the event reduced as a result of a decision by the Board of Education to decrease the number of teachers employed by the Board ESP employees or to discontinue some particular type of teaching service (RIF)educational support service, the order of dismissal and recall following provisions shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board apply: A. Written notice shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher full-time Employee and also given to the teacher Employee either by certified mail, return returned receipt requested, or by personal delivery with receipt, at least thirty (30) days before the receiptEmployee is removed or dismissed or the hours are reduced, together with a statement of honorable dismissal and the reason thereforefor the reduction-in-force. B. The Employee with the shorter length of seniority in the District within the respective category of position, as calculated under Article 3.4 above of this Agreement, shall be dismissed first. C. If the Board has any vacancies during the recall period established under the School Code, the positions becoming available within a specific category shall be offered to the full-time Employees removed or dismissed from that category according to reverse seniority at the time of their release, provided they are qualified to hold such position. Employees shall be returned to the category of position which they held prior to release, if vacant. If no positions become are available in an Employee’s category, then the Employee shall be eligible for any other vacancies in other categories for which he/she has accrued seniority from prior positions held in the District or any other category or positions so far as they are qualified to hold such positions. Employees who have been released may also be given consideration by the administration, in its sole and non-grievable discretion, for any posted District vacancy for which they apply, but only after all released Employees within three (3) calendar years subsequent to the date their respective categories have been placed. D. Notice of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall sent to an Employee by certified mail (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2return receipt requested) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s last address on file with submitted to the DistrictBoard by the Employee. A teacher’s failure to respond affirmatively The Employee must notify the Board in writing, within fifteen ten (1510) calendar days of receipt of the letter shall terminate offer, of the teacher’s acceptance or rejection of any vacant position tendered to the Employee during the recall rightsperiod. Nothing in this procedure Any Employee who fails to notify the Board of his/her acceptance or rejection of an offered position within the time lines set forth above shall be construed deemed to impair have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the rights recall period. An Employee who timely responds but declines the offered position shall remain on the recall list, but will be placed at the bottom of dismissed teacher(s) the list of the respective category. E. If an Employee is released and recalled to receive unemployment compensation if otherwise eligiblea position within the legal recall period, the reduction-in-force shall not constitute a break in service with District 146.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. The District and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24If a full-12. Any agreement reached by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issued. In the event time Teacher is removed or dismissed as a result of a decision by the Board of Education to decrease the number of teachers employed by the Board Teachers or to discontinue some particular type of teaching service (RIF)service, the order of dismissal and recall following provisions shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board apply: A. Written notice shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher a tenured Teacher and also given to the teacher Teacher either by certified mail, return returned receipt requested, or by personal delivery with receipt, at least sixty (60) days before the receiptTeacher is removed or dismissed, together with a statement of honorable dismissal and the reason thereforefor the reduction-in-force. B. The Board shall first remove or dismiss all probationary Teachers before removing or dismissing any tenured Teacher who is legally qualified to hold a position currently held by a probationary Teacher. The tenured Teacher with the shorter length of seniority in the District shall be dismissed first. C. If the Board has any vacancies during the recall period established under the School Code, the positions become becoming available within three (3) calendar years subsequent shall be offered to the date tenured Teachers removed or dismissed according to reverse seniority at the time of dismissal – six (6) months for Group 2 teachers – their release, provided they are qualified to hold such position. X. Xxxxxx of recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall sent to a Teacher who has been honorably dismissed by certified mail (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2return receipt requested) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s last address on file with submitted to the DistrictBoard by the Teacher. A teacher’s failure to respond affirmatively The Teacher must notify the Board in writing, within fifteen ten (1510) calendar days of receipt of the letter shall terminate offer, of the teacher’s acceptance or rejection of any vacant position tendered to the Teacher during the recall rightsperiod. Nothing in this procedure Any Teacher who fails to notify the Board of his/her acceptance or rejection of an offered position within the time lines set forth above shall be construed deemed to impair have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the rights recall period. A Teacher who timely responds and declines the offered position shall remain on the recall list, but will be placed at the bottom of dismissed teacher(s) the list. E. If a Teacher is released and recalled to receive unemployment compensation if otherwise eligiblea position within the legal recall period, the reduction-in-force shall not constitute a break in service with District 146. F. The Board’s determination in every case as to sequence of removal, dismissal, or reemployment shall be final. G. The Board will consult with Union leadership prior to taking any action which might result in reduction in staff. The Board and Union agree to review the impact of new legislation on this provision.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. The District and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss ‌ a. Any reduction in force issues outlined shall conform to the requirements and procedures specified in Illinois School Code Section 24-1212 of the School Code as supplemented by this section. Any agreement reached by Notice that the Joint RIF Committee Board is considering a reduction in force shall be communicated given to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issued. In the event of a decision by the Board of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service (RIF), the order of dismissal and recall shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4Association president(s) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 seventy (seventy-five70) calendar days before the end of the school term. b. A Joint Reduction in Force Committee shall convene by no later than December 1 of each school year to address the matters within its authority under Section 24-12 of the School Code. The Joint Committee shall be composed of eight (8) members, four (4) members to be appointed by the Superintendent and four (4) members to be appointed by the Association. The appointments shall be made by October 1 of each school year, with appointees serving from October 1 through the following September 30. Any agreements reached by the Joint Committee must be approved by the affirmative vote of at least five (5) members. Any agreements reached by the Joint Committee shall be communicated to the Superintendent and to the Association president(s) on or before February 1 of each year. c. Each year the Board will also provide establish, in consultation with the REA with Association, a list Seniority List showing the name and length of continuing service of each teacher who is qualified and a coded (teacher ID numbers, no names) Sequence of Honorable Dismissal List. A copy of both lists will be provided to hold any such position (“seniority list”the Association president(s) each year at least 75 (seventy-fivefive (75) calendar days before the end of the school term, along with the code to the Sequence of Honorable Dismissal List. The code shall be kept strictly confidential by the Association president(s) except to the limited extent required for assessment and proper application of the List. d. A copy of Seniority List entitled “Senate Bill 7 Initial Seniority List” dated July 1, 2014, shall be the seniority list shall establishing the seniority of each teacher employed as of such date. Thereafter, working from the Senate Bill 7 Initial Seniority List, placement on the Seniority List will be given to each teacher, and a copy shall determined by application of the following principles: 1. A full year of seniority will be posted in each school building in a conspicuous place in the teachers’ lounge, credited for full-time employment for at least 75 (seventy120 days during the school term. 2. A partial year of seniority will be credited based on the percentage of full-five) calendar time equivalency worked by the teacher during the school year, provided the teacher works at least 120 days before the end of at such full-time equivalency during the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping One-half (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (151/2) calendar days of posting. If a revision is necessary, a corrected list shall such partial year of seniority will be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with credited if the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing works at least forty-five (45) calendar days before the end of 91 school days, but less than 120 school days, during the school term. Such written notice must Full-time equivalency will be mailed determined in tenths, with any fraction of a tenth rounded up to the teacher and also given to next tenth. Seniority will not be accrued if the teacher either by certified mail, return receipt requested, or personal delivery works less than ninety-one (91) days during the school term. 3. Seniority shall be accrued for continuous service beginning with the receipt, together with a statement first day of honorable dismissal and work during the reason therefore. If positions become available within three (3) calendar years subsequent to the date of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall (i.e., Groups 4, 3, and 2 if eligible), to any available position school term for which the eligible teacher is qualifiedpaid. Upon recallApproved leaves of absence, teachers eligible except for recall unpaid leaves of absence, or unpaid portions thereof, under Section XII of this Agreement, will be counted toward accrual of seniority. Approved leaves of absence will not interrupt continuous service. e. If two (Group 4 is recalled first, then Group 3, then those eligible within Group 2) will or more teachers with equal seniority are subject to dismissal under a reduction in force, the following criteria shall be placed applied in sequence a) to c) to determine which teacher is dismissed: a) lowest lane placement; b) least amount of professional growth in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligible.current and immediately preceding two

Appears in 1 contract

Samples: Teachers' Agreement

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Reduction in Force and Recall. The District and If a full-time Employee is removed or dismissed or the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices hours he/she works are being issued. In the event reduced as a result of a decision by the Board of Education to decrease the number of teachers employed by the Board ESP employees or to discontinue some particular type of teaching service (RIF)educational support service, the order of dismissal and recall following provisions shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board apply: A. Written notice shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher full-time Employee and also given to the teacher Employee either by certified mail, return returned receipt requested, or by personal delivery with receipt, at least thirty (30) days before the receiptEmployee is removed or dismissed or the hours are reduced, together with a statement of honorable dismissal and the reason thereforefor the reduction-in-force. B. The Employee with the shorter length of seniority in the District within the respective category of position, as calculated under Article 3.4 above of this Agreement, shall be dismissed first. C. If the Board has any vacancies during the recall period established under the School Code, the positions becoming available within a specific category shall be offered to the full-time Employees removed or dismissed from that category according to reverse seniority at the time of their release, provided they are qualified to hold such position. Employees shall be returned to the category of position which they held prior to release, if vacant. If no positions become are available in an Employee’s category, then the Employee shall be eligible for any other vacancies in other categories for which he/she has accrued seniority from prior positions held in the District. Employees who have been released may also be given consideration by the administration, in its sole and non-grievable discretion, for any posted District vacancy for which they apply and are qualified, but only after all released Employees within three (3) calendar years subsequent to the date their respective categories have been placed. D. Notice of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall sent to an Employee by certified mail (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2return receipt requested) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s last address on file with submitted to the DistrictBoard by the Employee. A teacher’s failure to respond affirmatively The Employee must notify the Board in writing, within fifteen ten (1510) calendar days of receipt of the letter shall terminate offer, of the teacher’s acceptance or rejection of any vacant position tendered to the Employee during the recall rightsperiod. Nothing in this procedure Any Employee who fails to notify the Board of his/her acceptance or rejection of an offered position within the time lines set forth above shall be construed deemed to impair have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the rights recall period. An Employee who timely responds but declines the offered position shall remain on the recall list, but will be placed at the bottom of dismissed teacher(s) the list of the respective category. E. If an Employee is released and recalled to receive unemployment compensation if otherwise eligiblea position within the legal recall period, the reduction-in-force shall not constitute a break in service with District 146.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. The District and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24If a full-12. Any agreement reached by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issued. In the event time Teacher is removed or dismissed as a result of a decision by the Board of Education to decrease the number of teachers employed by the Board Teachers or to discontinue some particular type of teaching service (RIF)service, the order of dismissal and recall following provisions shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board apply: A. Written notice shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher a tenured Teacher and also given to the teacher Teacher either by certified mail, return returned receipt requested, or by personal delivery with receipt, at least sixty (60) days before the receiptTeacher is removed or dismissed, together with a statement of honorable dismissal and the reason thereforefor the reduction-in-force. B. The Board shall first remove or dismiss all probationary Teachers before removing or dismissing any tenured Teacher who is legally qualified to hold a position currently held by a probationary Teacher. The tenured Teacher with the shorter length of seniority in the District shall be dismissed first. C. If the Board has any vacancies during the recall period established under the School Code, the positions become becoming available within three (3) calendar years subsequent shall be offered to the date tenured Teachers removed or dismissed according to reverse seniority at the time of dismissal – six (6) months for Group 2 teachers – their release, provided they are qualified to hold such position. D. Notice of recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall sent to a Teacher who has been honorably dismissed by certified mail (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2return receipt requested) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s last address on file with submitted to the DistrictBoard by the Teacher. A teacher’s failure to respond affirmatively The Teacher must notify the Board in writing, within fifteen ten (1510) calendar days of receipt of the letter shall terminate offer, of the teacher’s acceptance or rejection of any vacant position tendered to the Teacher during the recall rightsperiod. Nothing in this procedure Any Teacher who fails to notify the Board of his/her acceptance or rejection of an offered position within the time lines set forth above shall be construed deemed to impair have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the rights recall period. A Teacher who timely responds and declines the offered position shall remain on the recall list, but will be placed at the bottom of dismissed teacher(s) the list. E. If a Teacher is released and recalled to receive unemployment compensation if otherwise eligiblea position within the legal recall period, the reduction-in-force shall not constitute a break in service with District 146. F. The Board’s determination in every case as to sequence of removal, dismissal, or reemployment shall be final. G. The Board will consult with Union leadership prior to taking any action which might result in reduction in staff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. The District If the Board of Directors approves a reduction to the overall adopted budget, as recommended by management based on economic necessity, the Union and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 management will agree to meet and confer to discuss any/all possible options prior to the implementation of any reduction in force issues outlined or furlough procedures. 19.1 Reduction In Force a. Reductions in Illinois School Code Section 24-12force will be made within classification, in inverse order of seniority within the classification. b. The Authority will make the determination of the number of positions within each classification to be reduced, based on business need. c. The Authority may exempt 4% of the total number of bargaining positions authorized in the current budget and retain them regardless of seniority. If the 4% does not equal an exact number of Ambassadors, the fraction shall be rounded to the next higher whole number. Any agreement reached by exemption that is necessary because of any affirmative action program or laws pertaining to equal employment opportunity shall not be deemed a part of the Joint RIF Committee above 4% but shall be communicated in addition thereto. The Authority shall provide the Union with a complete list of exemptions 5 business days prior to the superintendent notification of those Ambassadors to be separated. The Authority shall update the list of exemptions whenever a reduction in force is required, but not more often than once every 12 months. Within classification, temporary, part-time, intermittent, and introductory Ambassadors will be separated first. 19.2 Reassignments a. In order to avoid an actual reduction in force, the REA prior to February 1 Authority may cause the reassignment, change of the year in which the RIF Notices are being issuedshifts, transfer, demotion or any combination thereof. In the event of a decision by the Board reassignment in lieu of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service (RIF)a reduction in force, the order least senior Ambassador(s) in the classification(s) affected by a reduction in force will be reassigned. b. Under the provisions of dismissal and recall shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REAthis article, the Board shall negotiate assignment of an Ambassador to a position within a classification will be at the impact discretion of the decision Authority. 19.3 Bumping Down a. Ambassadors who are affected by a reduction in force will have the right on a seniority basis to elect to bump down into a classification that the Ambassador has completed an introductory period, provided the classification exists. b. The right to bump includes bumping from a supervisory bargaining position into any previously held bargaining position. c. An Ambassador who is bumping down will retain their salary, but will not exceed the top out salary of the RIFclassification. Employees The Ambassador’s anniversary date will not be adjusted. The Ambassador will be honorably dismissed according subject to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show reduction in force protocol in the groupings (1-4) of teachers qualified to hold such positionsclassification bumped into, based on performance evaluations seniority earned in accordance with the School Code. The Board classification. 19.4 Notice Prior to separation, Ambassadors affected will provide the REA with the Sequence of Honorable Dismissal List be given at least 75 (seventy4 weeks written notification or 4 weeks’ pay in lieu of such notice, except as noted below. If the Authority effects a reduction in force for other non-five) calendar days before the end bargaining Ambassador groups, Ambassadors covered by this Agreement may elect to receive benefits provided under any other current such program instead of the school termbenefits provided by this article. In either case, the Ambassador shall retain their recall rights. 19.5 Contract Out Work The Board Authority will also provide not contract out work to be performed in or about the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4)Las Vegas Convention Center, or any other facility or site under the jurisdiction of Authority Board of Directors, which is normally performed by current Ambassadors in their order to effect or as a result of a reduction in force except as outlined below. a. With reference to the work being considered for contracting out, no Ambassador subject to a reduction in force possesses the qualifications, skills and abilities to perform the work; b. The contract work would be for a duration of less than 3 consecutive weeks; c. The work is emergency situations, such as utility failure, substantial structural damage or similar occurrences as determined by the Authority. 19.6 Recall List a. Any Ambassador (s) demoted or separated under this article will, based upon seniority, must notify the Superintendent and the REA President within fifteen have their name placed on an appropriate recall list for a period of 15 months. Ambassador (15s) calendar days of posting. If separated through a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next reduction in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall force will be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher and also given to the teacher either by certified mail, return receipt requested, at their last known address and will within 10 days of attempt to deliver, respond affirmatively by certified mail or personal delivery with in person that they are accepting the receipt, together with a statement offer of honorable dismissal recall. Failure to respond will mean that the person has refused the offer of recall and the reason thereforeperson will be removed from the recall list. If The person must be available for work on the date established by the Authority. b. When positions become available within three (3) calendar years subsequent to the date of dismissal – six (6) months for Group 2 teachers – recall shall in a classification, personnel who have been separated or demoted in that classification will be recalled in reverse inverse order of layoff among employees eligible under separation. c. Upon return to work, the Illinois School Code Ambassador will receive an adjusted service and anniversary date if the separation was for recall (i.e., Groups 4, 3, a period of 30 or more days and 2 if eligible), to any available position all benefits for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2) qualified will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter reinstated relative to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligibletheir adjusted service date. 20.1 Intent

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. The District and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss a. Any reduction in force issues outlined shall conform to the requirements and procedures specified in Illinois School Code Section 24-1212 of the School Code as supplemented by this section. Any agreement reached by Notice that the Joint RIF Committee Board is considering a reduction in force shall be communicated given to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issued. In the event of a decision by the Board of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service (RIF), the order of dismissal and recall shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4Association president(s) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 seventy (seventy-five70) calendar days before the end of the school term. b. A Joint Reduction in Force Committee shall convene by no later than December 1 of each school year to address the matters within its authority under Section 24-12 of the School Code. The Joint Committee shall be composed of eight (8) members, four (4) members to be appointed by the Superintendent and four (4) members to be appointed by the Association. The appointments shall be made by October 1 of each school year, with appointees serving from October 1 through the following September 30. Any agreements reached by the Joint Committee must be approved by the affirmative vote of at least five (5) members. Any agreements reached by the Joint Committee shall be communicated to the Superintendent and to the Association president(s) on or before February 1 of each year. c. Each year the Board will also provide establish, in consultation with the REA with Association, a list Seniority List showing the name and length of continuing service of each teacher who is qualified and a coded (teacher ID numbers, no names) Sequence of Honorable Dismissal List. A copy of both lists will be provided to hold any such position (“seniority list”the Association president(s) each year at least 75 (seventy-fivefive (75) calendar days before the end of the school term, along with the code to the Sequence of Honorable Dismissal List. The code shall be kept strictly confidential by the Association president(s) except to the limited extent required for assessment and proper application of the List. d. A copy of Seniority List entitled “Senate Bill 7 Initial Seniority List” dated July 1, 2014, shall be the seniority list shall establishing the seniority of each teacher employed as of such date. Thereafter, working from the Senate Bill 7 Initial Seniority List, placement on the Seniority List will be given to each teacher, and a copy shall determined by application of the following principles: 1. A full year of seniority will be posted in each school building in a conspicuous place in the teachers’ lounge, credited for full-time employment for at least 75 (seventy120 days during the school term. 2. A partial year of seniority will be credited based on the percentage of full-five) calendar time equivalency worked by the teacher during the school year, provided the teacher works at least 120 days before the end of at such full-time equivalency during the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping One-half (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (151/2) calendar days of posting. If a revision is necessary, a corrected list shall such partial year of seniority will be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with credited if the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing works at least forty-five ninety- one (4591) calendar days before the end of school days, but less than 120 school days, during the school term. Such written notice must Full-time equivalency will be mailed determined in tenths, with any fraction of a tenth rounded up to the teacher and also given to next tenth. Seniority will not be accrued if the teacher either by certified mail, return receipt requested, or personal delivery works less than ninety-one (91) days during the school term. 3. Seniority shall be accrued for continuous service beginning with the receipt, together with a statement first day of honorable dismissal and work during the reason therefore. If positions become available within three (3) calendar years subsequent to the date of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall (i.e., Groups 4, 3, and 2 if eligible), to any available position school term for which the eligible teacher is qualifiedpaid. Upon recallApproved leaves of absence, teachers eligible except for recall unpaid leaves of absence, or unpaid portions thereof, under Section XII of this Agreement, will be counted toward accrual of seniority. Approved leaves of absence will not interrupt continuous service. e. If two (Group 4 is recalled first, then Group 3, then those eligible within Group 2) will or more teachers with equal seniority are subject to dismissal under a reduction in force, the following criteria shall be placed applied in sequence a) to c) to determine which teacher is dismissed: a) lowest lane placement; b) least amount of professional growth in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligible.current and immediately preceding two

Appears in 1 contract

Samples: Teachers' Agreement

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