REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. Supplementing pertinent sections of Chapter 2.76 of the Personnel Code, an employee terminated due to any reduction in force shall be placed on the appropriate re-employment list for a maximum period of two (2) years with recall priority to be based on seniority within the classification, providing ability and fitness are equal. Section 2. The terminated employee upon call back will not be required to take the normal entry employment or agility tests, if it has been less than one year. Section 3. The terminated employee will be required to submit to and pass a suitable physical examination administered by a physician of the City's designation before any duty assignment. Section 4. Perpetration of any of the acts enumerated in Article 23 may preclude any consideration for re-employment. Section 5. A valid driver's license will be required. Section 6. No regular employee in the bargaining unit shall be laid off while there are provisional, probationary, or temporary employees serving in the same job classification. Whenever a bargaining unit position is abolished or a bargaining unit reduction in force becomes necessary, layoffs shall be in reverse order of total service with the City. Bargaining unit members shall retreat to the last classification held immediately prior to their current classification. If a member is not qualified or current in the lower classification, he shall be given thirty (30) days to qualify for the position. When a position which was eliminated through a RIF again becomes available to the affected employee, an employee who retreated shall be reinstated to the higher classification without going through the normal promotion testing process. Section 7. Terminated employees to be recalled shall be given a minimum of seven (7) calendar days to respond after notice has been sent by certified mail to their last known address on record with the Human Resources Department. Section 8. Terminated employees who decline recall or who fail to respond as directed within the time allowed, shall be presumed to have resigned and their names shall be removed from seniority and preferred eligible lists. Section 9. An employee not represented by this Agreement shall not be allowed to retreat into a bargaining unit position.
Appears in 10 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. Supplementing pertinent sections of Chapter 2.76 of Governing Procedures
a. The Board will inform the Personnel Code, an employee terminated due to Association concerning any potential reduction in force (layoff) situations.
b. Teachers whose contracts are being suspended for reasons of reduction in force (layoff) will:
(1) Be placed on the recall list.
(2) Be given reasons for contract suspension in writing.
c. Seniority will be defined as in Article V, B. This is the priority for establishing seniority:
(1) Date of Board approval of hire, then
(2) Date of first interview, then
(3) Date of most recent employment application.
d. An updated seniority list will be provided to the O.H.E.A. president by December 31 of each school year.
2. Reasons For Reductions in Force (Layoff)
(1) Return to duty of regular teachers after leaves of absence
(2) Suspension of schools
(3) Territorial changes affecting the District
(4) Financial reasons
(5) Decreased enrollment
3. Order of Reductions in Force (Layoff)
a. The order of reduction shall be the following:
(1) Teachers under contract for less than one year by certification/licensure.
(2) Teachers under contract for one year by certification/licensure.
(3) Teachers under continuing contracts (tenure) by certification/licensure. In the case of a reduction in force (layoff), teachers who have completed the requirements for a continuing contract (tenure) before the reduction in force (layoff) will be treated as having continuing contract (tenure) status for purposes of this provision.
b. If there are more than one teacher in the categories identified in subsection 3-a, above, the order of reduction within that category shall be determined by the Superintendent using only formal evaluations, licensure, and years of experience. Preference will not be given based on seniority except between teachers who have comparable evaluations. For the duration of this contract all teacher evaluations shall be deemed comparable.
c. The Board will use this order of reduction when suspending a contract in part so that a teacher may work a percentage of his/her contract and receive a commensurate percentage of the full compensation the teacher otherwise would have received. A teacher who refuses a position that is a reduction in percentage of his or her contract will be placed on the appropriate re-employment list for a maximum period of two (2) years with recall priority to be based on seniority within the classification, providing ability and fitness are equallist.
Section 2. The terminated employee upon call back will not be required d. After notice to take the normal entry employment Association by the Board that a RIF may occur, no reassignment, transfer, or agility tests, if it has been less than one year.
Section 3. The terminated employee will be required to submit to and pass a suitable physical examination administered by a physician reclassification shall occur before the effective date of the City's designation before any duty assignment.
Section 4. Perpetration of any of the acts enumerated in Article 23 may preclude any consideration for re-employment.
Section 5. A valid driver's license RIF that will be required.
Section 6. No regular cause a more senior employee in the bargaining unit shall to be laid off while there are provisional, probationary, or temporary before a less senior employee if the two employees serving in the same job classification. Whenever have comparable evaluations.
e. An employee to be laid off due to a bargaining unit position is abolished or a bargaining unit reduction in force becomes necessary, layoffs shall be in reverse order of total service with the City. Bargaining unit members shall retreat to the last classification held immediately prior to their current classification. If a member is not qualified or current in the lower classification, he RIF shall be given thirty twenty (30) days to qualify for the position. When a position which was eliminated through a RIF again becomes available to the affected employee, an employee who retreated shall be reinstated to the higher classification without going through the normal promotion testing process.
Section 7. Terminated employees to be recalled shall be given a minimum of seven (720) calendar days advance written notification prior to respond after the effective date of the RIF. The notice has been sent by certified mail to their last known address on record with shall state the Human Resources Departmentreason for the RIF and the effective date of contract suspension.
Section 8. Terminated employees who decline recall or who fail to respond as directed within the time allowed, shall be presumed to have resigned and their names shall be removed from seniority and preferred eligible lists.
Section 9. An employee not represented by this Agreement shall not be allowed to retreat into a bargaining unit position.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. Supplementing pertinent sections of Chapter 2.76 of the Personnel Code, an employee terminated due to any reduction in force shall be placed on the appropriate re-employment list for a maximum period of two (2) years with recall priority to be based on seniority within the classification, providing ability and fitness are equal.
Section 2. The terminated employee upon call back will not be required to take the normal entry employment or agility tests, if it has been less than one year.
Section 3. The terminated employee will be required to submit to and pass a suitable physical examination administered by a physician of the City's designation before any duty assignment.
Section 4. Perpetration of any of the acts enumerated in Article 23 may preclude any consideration for re-employment.
Section 5. A valid driver's license will be required.
Section 6. No regular employee in the bargaining unit shall be laid off while there are provisional, probationary, or temporary employees serving in the same job classification. Whenever a bargaining unit position is abolished or a bargaining unit reduction in force becomes necessary, layoffs shall be in reverse order of total service with the City. Bargaining unit members shall retreat to the last classification held immediately prior to their current classification. If a member is not qualified or current in the lower classification, he shall be given thirty (30) days to qualify for the position. When a position which was eliminated through a RIF again becomes available to the affected employee, an employee who retreated shall be reinstated to the higher classification without going through the normal promotion testing process.
Section 7. Terminated employees to be recalled shall be given a minimum of seven (7) calendar days to respond after notice has been sent by certified mail to their last known address on record with the Personnel Human Resources Department.
Section 8. Terminated employees who decline recall or who fail to respond as directed within the time allowed, shall be presumed to have resigned and their names shall be removed from seniority and preferred eligible lists.
Section 9. An employee not represented by this Agreement shall not be allowed to retreat into a bargaining unit position.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. Supplementing pertinent sections In any case of Chapter 2.76 of the Personnel Code, an employee terminated due to any reduction in force the Company shall be placed on the appropriate re-employment list for a maximum period of two (2) years with recall priority to be based on use seniority within the classification, providing ability and fitness are equal.
Section 2. The terminated in determining which employee upon call back will not be required to take the normal entry employment or agility tests, if it has been less than one year.
Section 3. The terminated employee will be required to submit to and pass a suitable physical examination administered by a physician of the City's designation before any duty assignment.
Section 4. Perpetration of any of the acts enumerated in Article 23 may preclude any consideration for re-employment.
Section 5. A valid driver's license will be required.
Section 6. No regular employee in the bargaining unit shall be laid off while there or recalled. Notice sent by registered mail to the most recent address on the employee's employment file shall constitute proper notice. It shall be the responsibility of the employee to inform the Company of his current address by Registered Mail or in person provided written acknowledgement is retained by said employee. The Company agrees that employees with more than twelve (12) months continuous service are provisionalentitled to one (1) week's notice or one (1) week's pay in lieu of notice, probationaryif a lay-off exceeds thirteen (13) consecutive weeks in the twenty (20) week period following commencement of a lay-off. Should cause such as a fire, flood, explosion, or temporary Act of God, or any unforeseeable work stoppage by employees serving of an airline serviced, by the Company, or circumstances beyond the control of the Company make it necessary to reduce the working force, the employees affected thereby shall be according to seniority with notice given in an appropriate manner. In the event of a partial resumption of operations, the employees affected shall be recalled by seniority. The Company has the right to lay-off employees to the extent it determines to be necessary. The Company shall notify the Union as soon as possible prior to any lay-off. All employees shall receive at least fourteen (14) day's notice of any lay-off, except in the same job classification. Whenever a bargaining unit position is abolished or a bargaining unit reduction case of lay-off as defined in force becomes necessary, layoffs Recall shall be in reverse order of total service by Double Registered Mail to the address last filed by the employee with the CityCompany, or by personal interview. Bargaining unit members The Union shall retreat to receive a copy of each letter of recall and notification of each recall made by personal interview. A previous employee with seniority must keep the last classification held immediately prior to their current classificationCompany informed of any change of address by Double Registered Mail. If within three (3) working days after the date of receipt of a member Notice of Recall an employee shall have failed to notify the Company that he intends to return to work or if within ten working days of the same date an employee shall have failed to return to work or to have satisfied the Company that he is not qualified unable to return because of accident or current in the lower classificationillness or other sufficient cause, he shall be given thirty (30) days to qualify for the position. When a position which was eliminated through a RIF again becomes available to the affected employee, an employee who retreated shall be reinstated to the higher classification without going through the normal promotion testing process.
Section 7. Terminated employees to be recalled shall be given a minimum of seven (7) calendar days to respond after notice has been sent by certified mail to their last known address on record with the Human Resources Department.
Section 8. Terminated employees who decline recall or who fail to respond as directed within the time allowed, shall be presumed to have resigned lose all seniority and their names his name shall be removed from the seniority and preferred eligible listslist.
Section 9. An employee not represented by this Agreement shall not be allowed to retreat into a bargaining unit position.
Appears in 1 contract
Samples: Collective Agreement