Common use of REDUCTION IN FORCE Clause in Contracts

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 9 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Collective Bargaining Agreement

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REDUCTION IN FORCE. A. In any a reduction in the bargaining unit as a result teaching personnel within any segment(s) of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist such as a subject field, and for which elementary assignment, a special assignment or a vocational teaching assignment, the affected determination of those who are to be separated will be in the following order: 1. Rehired, Retired Teacher 2. Non-tenured teachers are certified.holding provisional certificates B. If no similar positions are available, rehired retirees, provisionally certificated 3. Non-tenured teachers and non- tenured holding regular certificates 4. Tenured teachers At such time when teachers in the subjects and/or above categories are to be separated when all other factors are equal the length of continuous service in Harford County Public Schools, appropriate certification and ability to teach the available grade levels affected will or subject areas shall be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsdetermining factor. If it becomes necessary to lay off tenured teachersavailable vacant positions exist, they an affected teacher holding multiple valid Maryland certifications shall be laid off in offered an interview with the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingalternate content area supervisor. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected regularly certificated teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff who are separated shall be placed on a priority recall list in accordance with their seniority. The teachers for a period of two years and shall be recalled as vacancies become available in accordance with inverse order of their position on the list and their certification for said vacancies. D. When vacancies separation when appropriate positions become available, the . A teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except notified in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the writing of any vacancy which occurs in his or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction her field of certification and shall indicate in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet writing within ten (10) days of the receipt of the letter his or her acceptance or rejection of the position. If the teacher rejects the position or cannot begin the new assignment within thirty (30) days from the date of notification, the teacher shall be deemed to have waived his or her rights to recall. However, a teacher who has accepted employment in another public school system in Maryland and is unable to get released from his/her employment contract may decline an offer to return to work and maintain recall rights if the offer is issued later than July 1, for a position which becomes available at the purpose beginning of, or during, the following school year. Leaves of renegotiating only absence will not be regarded as a break in the provision(s) held continuity of service although leave time will not count as active service. The layoff and recall provisions of this article are subject to such Equal Employment Opportunity Commission guidelines or other employment programs as required of or adopted by the Board of Education in order to maintain existing or required staff balance. Any action taken under this policy will not be contrarysubject to the grievance procedure; however, it shall be subject to the administrative complaint procedure.

Appears in 8 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A. In any reduction in The Board may reduce the bargaining unit as a result number of budgetary actions teaching positions by suspending contracts (limited, continuing, extended service and/or supplementals) for one (1) or curriculum and/or administrative organization, every effort will be made more of the following: 1. Decreased enrollment of pupils; 2. Return to transfer affected duty of regular teachers to other similar positions within after leaves of absence; 3. Suspension of schools; 4. Territorial changes affecting the school system where vacancies exist and for which the affected teachers are certifiedDistrict; 5. Financial reasons. B. The following guidelines shall be followed when implementing the suspension. All employees shall be deemed to have comparable evaluations for the purposes of Reduction in Force. 1. Suspension of contracts shall occur to non-tenured teachers first, and shall be on the basis of last employed, first suspended, by teaching certification/licensure. 2. During a Reduction in Force, teachers have the right to displace any less senior bargaining unit member provided they have the proper certification/licensure. If suspension of contract is necessary for a tenured teacher, that suspension shall be on the basis of last employed, first suspended, by teaching certification/licensure. 3. Displacement rights shall be exercised by all teachers within their respective contract status, i.e., continuing contract (tenured) or limited contract, with no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in teacher(s) exercising displacement over tenured teachers. Displacement shall be limited to the subjects and/or grade levels affected will be laid off or separated from areas applicable to the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsteacher’s certification/licensure. 4. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off required to obtain a temporary certificate/licensure to meet the requirements of the current teaching assignment, and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieholds certification/licensure in other teaching fields, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff teacher shall be placed on a priority recall list in accordance with their senioritythe appropriate contract status and, according to seniority certification/licensure areas shall have displacement rights. 5. The teachers Seniority shall be recalled defined as vacancies become available in accordance the continuous employment of a teacher beginning with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer date on which a teacher reported for duty. Continuous employment shall include all time on sick leave, all time on Board approved leave of employment. If the teacher declines the second offer absence, all time on military leave of a positionabsence, reemployment rights shall be forfeited. All teachers shall remain all time on the priority recall list for disability retirement, to a maximum of three five (35) years, and all time during suspension, if the teacher is reinstated. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 8 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any 9.1 When a reduction in the bargaining unit as a result number of budgetary actions teachers employed or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the number of school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured days contracted per teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tiedeemed necessary, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in accordance with the provisions of this AgreementArticle. G. Teachers recalled under these provisions 9.2 The Employer shall attempt to absorb reductions through normal attrition due to retirements and resignations. 9.3 Should an involuntary staff reduction be required, the order of reduction shall be based on subject area, and if applicable, required special certifications, and on the basis of State seniority at each facility within the Agency. a. The Teacher shall fill any vacant Teacher position that he/she qualifies for in the facility. b. If no vacant Teaching position is available, the Teacher shall bump the Teacher with the least State seniority in that facility if the Teacher whose position is being reduced qualifies for the position. c. If no vacancy or bumping option is available to the Teacher at the facility where staff is being reduced, the order of reduction will be to transfer into a vacant position for which he/she qualifies, at an agency facility within the same city. d. If no vacant agency Teacher position is available within the city, the order of reduction will be to transfer to a vacant agency Teacher position for which he/she qualifies at any agency location within a 75 mile radius occupied by a Teacher with the least seniority, if the bumping Teacher qualifies for the position. e. If no vacant agency Teacher position is available within the 75 mile radius, the order of reduction will be to bump to a position for which he/she qualifies, at any agency location within a 75 mile radius occupied by a Teacher with the least seniority, if the bumping Teacher qualifies for the position. State seniority is defined to be the teacher’s adjusted State service date. This adjusted service date is for teachers who left State employment and return to work after a break in service of less than five calendar years. In this situation, teachers shall have restored to them all previously accrued their accumulated unpaid sick leave and personal leavebalance reinstated, unless the teacher previously received a payout of sick leave (retirement eligibility). H. 9.4 A teacher whose position is being considered for reduction in force shall be notified in writing of such intent on or before the ninetieth (90th) day prior to the close of the individual teacher contract period. 9.5 The Board teacher may request and shall be granted a hearing as provided in Nebraska statutes. 9.6 A teacher whose contract has not been renewed because of reduction in force shall be considered to have been dismissed with honor and shall be provided a letter to that effect. 9.7 Any teacher whose contract has not been renewed because of reduction in force shall have recall rights to employment for a period of twenty-four (24) months. Teachers shall be recalled in reverse order of layoff. The teacher with the most seniority by facility shall be recalled first to fill open positions in that facility, provided the teacher meets the required qualifications. 9.8 Recall offers shall be in writing and delivered by certified mail and the Association recognize that appropriate governmental agencies that teacher shall have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.five

Appears in 7 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

REDUCTION IN FORCE. A. In any reduction 8.1 The Board recognizes that at some future date budget requirements brought on by levy failure, drastic reductions in enrollment, or changes in school funding may require staff reductions beyond normal attrition achieved through resignation and retirement. Should such action be determined by the District to be necessary, the District will take the following steps: 1. A committee of board and administrators will meet and confer with a committee of two teachers selected by the teaching staff for their input on staff reduction. 2. The District will determine which instructional and curricular areas, including all student activities, athletics, and classes will be maintained at their present levels, and which will be reduced or eliminated. 3. Necessary staff reductions will be achieved through the following steps in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organizationorder listed: a. Normal attrition from retirement and resignation. b. If further reductions are required, every effort non-tenured teachers will be made retained on the basis of “best qualified for existing positions”. Other non-tenured teachers will be released, as necessary to transfer affected meet staff reduction requirements. (Qualifications will be determined by certifications, training, and performance as evaluated by appropriate administrators.) c. Any further necessary reductions will be achieved through dismissal of tenured teachers on the basis of seniority. If the District determines that special skills or qualifications are needed, management retains the right to other similar positions within retain those skills or qualifications even over seniority. Seniority will continue to accrue during all paid leaves of absence. Unpaid leaves of absence will not break seniority, but such time will not be counted in computing seniority. When seniority is equal between or among certified staff, ranking of those staff members shall be determined by the school system where vacancies exist and date the original contract was signed. Seniority shall be pro-rated for which part-time (or partial year) service based on the affected teachers are certifiedpercentage of the full-time employment contract. For example, a teacher with a full year half-time contract will receive one-half year seniority credit. A teacher with a semester only half-time contract will receive one-fourth year seniority credit. B. If no similar positions are available4. No new teacher shall be employed by the School District while any qualified, rehired retireescertified, provisionally certificated tenured teacher capable of performing the work is on layoff. Tenured teachers shall first be recalled in inverse order from which they were laid off provided that they must be certified, and non- tenured teachers qualified in the subjects and/or grade levels affected will be laid off or separated from appropriate category and able to perform the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7work. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and placed on layoff shall continue to accrue retain all seniority during that time. A countywide list of all certificated personnel employed and tenure rights they had accrued, as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employmentlayoff, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become availablehowever, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force additional seniority shall not be subject earned during the period of layoff. A tenured teacher laid off due to any dismissal procedure required elsewhere in this AgreementRIF shall have a hearing before the Board upon request. When placed on layoff, the teachers shall maintain a current address with the District so that he or she can be contracted for recall. Re-employment rights shall automatically cease two (2) years from the date of layoff. G. Teachers recalled under these provisions shall have restored 5. A tenured teacher, who is re-employed in a place other than the position he/she had at the time of layoff, has the right to them all previously accrued sick leave and personal leavehis/her position at the time of layoff should it become open at a later date. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 7 contracts

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

REDUCTION IN FORCE. A. 1. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event it becomes necessary to lay off tenured teachersreduce the number of nurses in the bargaining unit, they said nurses shall be laid off reduced in the inverse order of their seniorityseniority and shall be recalled in the inverse order of layoff. 2. An appropriate seniority list will Seniority shall be made available for inspection when defined as the length of continuous service in the Wareham Public Schools in a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to professional position represented by the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year Seniority shall be compiled and available upon request of FCTA. The list will indicate name, computed from the date of first employment, i.e. first day of work. In the event of ties a lottery will be conducted to break the specific ties. A seniority list of nurses shall be included with the teachers seniority list as per Article XXXII, Section C1 and C2. 3. Leaves of absence provided in this Agreement and/or approved by the Committee shall not be deemed to interrupt continuous service. Such leaves shall not count toward seniority. Nurses on Leave of Absence shall be eligible to be laid off as though they were currently serving on active duty. 4. Whenever possible, written notification of pending layoff will be completed by May 15 for the following school year. In the event of a decision to RIF during the school year, nurses being laid off will be given at last thirty (30) calendar days' notice. 5. Nurses shall have recall rights for two (2) complete years from the effective date of current employment and department and location codethe layoff. C. Teachers on layoff 6. Subject to applicable law, nurses shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of the layoff, provided, however, that the nurse pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and there shall be no contributions by the Committee or the town for such nurse's insurance. 7. Upon return to employment from the recall list, nurses will have accumulated to their accounts the same number of sick days which they had accumulated at the time of their layoff. Nurses laid off during the school year, upon return, will be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified next step of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, salary schedule if they had served in writing, in not more than ten a minimum of ninety-two (1092) days after receipt during the year of notification layoff. Nurses filling temporary vacancies at the time of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leaveno recall rights. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 5 contracts

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

REDUCTION IN FORCE. Criteria for Eliminating Positions A. In any reduction in When the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be decision is made to transfer affected teachers reduce staff, the Board may exclude positions to other similar positions within guarantee meeting the school system where vacancies exist needs of the students and for which the affected teachers are certifiedneeds of programs of the district. B. Prior to making a recommendation to the Board related to sections A above, the administration shall meet with the Association to discuss the proposed recommendations for excluded positions. Once a determination has been made as to which positions should be eliminated, then the basis that will be used in determining which teachers to retain in the in the affected position(s) will be the composite evaluation rating of the teachers holding such positions as measured by the District’s Teacher and Leader Effectiveness System (TLE) for each year in which the TLE has been in effect. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured the composite ratings of the teachers in the subjects and/or grade levels affected positions are the same, then the following, in this order, shall be considered: 1. Seniority in the district established from the first reporting date to work, with continuous service from that date. 2. Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, minor endorsement on provisional. 4. certificate and number of college credit hours in the area of teaching assignment as evidenced by position on the teacher salary schedule.) 5. A lot drawing by the District in the presence of an authorized representative of the Association. Only those teachers who have an average three year ranking of “effective” or above will be laid off or separated from given bumping rights. If three years of rankings are not available, the active employment rolls prior district will use an average of available years. In order to tenured bump, a teacher must be certified in the position they seek to move into and must meet all state and federal requirements necessary to hold that position. In the event a teacher eliminated through RIF is certified to hold a position other than the one being eliminated, said teacher may bump another teacher in that position, as long as the teacher has seniority over that person and has an average composite ranking score that is greater than the other teacher. If the composite rating of the teachers in the affected positions is the same subjects and/or grade levelsthen the following, in this order, shall control bumping: 1. If it becomes necessary to lay off tenured teachers, they shall be laid off Seniority in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed district established from the last first reporting date to work, with continuous service from that date. 2. Total years of employment teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, minor endorsement on provisional certificate and furnished to number of college credit hours in the area of teaching assignment as evidenced by position on the teacher salary schedule.) 4. A lot drawing by the District in the presence of an authorized representative of the Association. If there is Teachers who are released because of a tiereduction in force, and who have maintained an overall rating of at least effective on the affected teachers TLE from the previous year, will have seniority calculated as defined priority for one year after the termination date in Article Ifilling vacancies and new positions for which they are qualified. Throughout the first year after reduction in force, Section B.7. Teachers terminated teachers who have maintained an overall rating of at least effective on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each the TLE from the previous year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list. Teachers on this recall list in accordance with their senioritywill be notified by certified mail of position vacancies for which they have priority. The teachers Teachers qualified for a vacancy by certification, experience, and/or continuing education equivalent shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known addressseniority. The teacher so notified shall notify must accept the responsible administrator, position in writing, in not more than writing on or before ten (10) calendar days after receipt of notification of from the vacancy as date the notice was mailed to whether the teacher or not they forfeit the position and their name is permanently removed from the recall list. It shall be the teacher’s responsibility to see that the district has his/her current address on file and the address retained on the district’s records shall be the address utilized for recall purposes. A teacher who is recalled will be acceptedgiven credit for all previous teaching experience approved by the State Department of Education. The teacher may decline Only teachers recalled from the first offer of employment. If the teacher declines the second offer of a position, reemployment rights recall list shall be forfeited. All teachers shall remain reinstated to career status, if any, and seniority possessed by the recalled teacher on the priority recall list for date such teacher’s termination as a maximum result of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreementbecame effective. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 4 contracts

Samples: Procedural Agreement, Procedural Agreement, Procedural Agreement

REDUCTION IN FORCE. A. In any reduction in When by reason of decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, financial need, or by reason of suspension of schools or territorial changes affecting the bargaining unit as a result district, the Board of budgetary actions or curriculum and/or administrative organization, every effort Education decides that it will be made necessary to transfer affected reduce the number of teachers; it may make a reasonable reduction. In making such reduction, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to other similar any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Teachers whose continuing contracts are suspended, shall have the right of restoration to continuing service status when teaching positions within the school system where vacancies exist and become vacant or are created for which the affected any of such teachers are certifiedor become qualified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- 1. A restoration list of tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in kept for two (2) years by a designee of the inverse order Rossford Board of their seniorityEducation. An appropriate seniority list will Teachers must furnish and keep current a mailing address where they may be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7reached. Teachers on continuing contracts who are suspended shall be restored to service status when vacancies occur for which they are certified. Seniority shall not be the basis for rehiring a teacher, except when making a decision between teachers who have comparable evaluations. Seniority means total number of years of continuous employment in the Rossford Schools including service on approved leaves of absence. 2. The beginning date for accumulation of seniority shall be the date shown in the minutes of the Board of Education that the teacher was employed. If two or more are employed on the same date, the seniority shall be determined by date of application, then by letter of intent, and finally, by lot with representation by both sides. 3. The teacher must respond to the offer within seven (7) days of receiving an unpaid leave offer of absence restoration. 4. Failure to respond or to accept an offered position may result in removal of the teacher's name from the list and no further right to restoration shall retain accrued seniorityexist. 5. A return receipt of Certified Mail shall be conclusive evidence that an offer has been tendered. This statement does not prevent offers or notifications from being made in other ways. 6. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year limited contracts shall be compiled suspended and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent restored according to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days foregoing plan after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.continuing contracts are considered.‌

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any 19.9.1 The reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort force process will not apply and need not be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If followed unless there is a tiedistrict-wide reduction in force. A district-wide reduction in force occurs when the District is unable to place teachers at the end of the surplus process prior to the beginning of a new contract year. After the surplus process is complete, the affected Superintendent may release as many teachers as necessary. 19.9.2 A meeting between the Superintendent, or designee, and a representative of the Association will be set at least 10 days prior to any final action by the District to reduce teachers as the result of a district-wide reduction in force. 19.9.3 All unplaced teachers will have seniority calculated as defined be reviewed by the number of their respective endorsements and certifications according to the staffing needs of the District. Staffing needs may include but are not limited to the following: endorsements, certifications, pattern of declining enrollments in Article Isubject area, Section B.7endorsements in core academic areas, ESL and gifted endorsements, extracurricular coaching endorsements and certifications, eMINTS certifications, and those who are fluent in a language needed within a school site. Teachers on an unpaid leave Any teacher who has received a current (within the existing school year) written notice of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue suspension will not be eligible to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codedisplace another teacher. C. Teachers on layoff shall 19.9.4 If a choice must be placed on a priority recall list in accordance with their seniority. The made between two or more teachers shall determined by the District to be recalled as vacancies become available in accordance with their position on equally well qualified for the list and their certification for said vacancies. D. When vacancies become availableposition, the teacher with the most advanced degree and lane placement according to the teacher salary schedule will be notified retained. 19.9.5 Teachers released through this process, who are not on active corrective discipline as found within their district personnel file, shall be given the first right of interview for positions for which they are qualified that become available during the six months following their release. Notification of the vacancy available position shall be made by phone and email sent a certified letter to the last known addressaddress of the former employee. The teacher so notified offer of interview shall notify advise the responsible administrator, in writing, in not more than ten (10) person that they have seven days after receipt of notification the postmarked date of the vacancy as letter to whether accept or not reject the position offer of interview. If rehired under this section, teachers will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain placed on the priority recall list for a maximum of three (3) yearsstep they would have received if they had not been released. Offers not accepted or responded to by the seventh day are deemed rejected. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 4 contracts

Samples: Professional Services, Professional Services, Professional Services

REDUCTION IN FORCE. A. In 18-1 The board may, upon giving written notice, refuse to re-employ any reduction teacher for the next contract year due to a justifiable decrease in teaching positions due to decreased enrollment, district reorganization or lack of funding; provided there is consultation with association prior to the bargaining unit as decision to make any such reductions. 18-2 On or about October 30th of each year, the superintendent will provide the association with a result list showing the seniority of budgetary actions or curriculum and/or administrative organizationeach teacher employed by the board, every effort their areas of certification and courses taught and will thereafter, promptly notify the association of any changes in said list. The superintendent will at all times have posted in his office a current list which will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured during regular working hours by any teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from and/or the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codeassociation. C. Teachers on layoff 18-3 In the event such justifiable reductions in force are made, reductions shall first be placed on a priority recall list in accordance made among teachers with their seniorityless than two years of service within the Mineral County School District. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due With respect to reduction in force the principle of seniority within the District shall govern, provided that qualifications are relatively equal, and provided further that no teacher qualified to teach a particular assignment or grade level as evidenced by the Nevada State Board of Education shall be replaced by another teacher not qualified for such assignment or grade level as prescribed above. 18-4 Any post-probationary teacher (employee) in good standing at the time of being laid off for the reasons stated in section 18-1 who wants to be considered for recall will be notified for a period of up to two (2) years following the effective date of the layoff that the District intends to fill a vacancy for which the teacher is certified. An employee desiring such notification is required to provide the District a written request at the time of the layoff, including forwarding address and personal email address. The employee is solely responsible for keeping the District informed in writing of any future change of addresses. The employee must respond in writing within fourteen (14) days of the date the District sends the notice of the vacancy (via certified mail and personal email) to the most current forwarding address provided by the employee. If the response is received within the above fourteen (14) day time frame, the District will give preference to the former employee with the most prior service with the District over similarly qualified candidates from inside and outside of the District if the former employee meets all qualifications for the position, i.e. remains certifies for the position, and remains in good standing with the Mineral Country School District, any interim school districts where the employee was employed during the period of the layoff and the Nevada Department of Education. If no timely request for re-employment is received within fourteen calendar days of the date of mailing or emailing the notification(s), the District may immediately refill the position from qualified applicants from within or outside the District. 18-5 All benefits to which an employee was entitled at the time of layoff will be restored upon return to active employment including but not limited to accumulated sick leave, seniority and salary placement, subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued no restoration of sick leave that was paid off pursuant to Article 10-1-8 and personal leavesubject to transfer of sick leave between Nevada school districts in accordance with Nevada Law. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

Samples: Professional Negotiation Agreement, Professional Negotiation Agreement, Professional Negotiation Agreement

REDUCTION IN FORCE. A. In any When by reason of decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, by reason of suspension of school or territorial changes affecting the District, curriculum changes, reductions of course offerings, or limited financial resources, the Board determines that it will be necessary to reduce the number of teachers under Section 3319.17, it may make a reasonable reduction. The President of the Association shall be notified in writing that a reduction in force is likely to occur at least one week prior to teacher notification. In making such reduction, attrition shall first be used to effect a reduction in force. If further reduction is required, then the bargaining unit as a result Administration/Board will notify the President of budgetary actions or curriculum and/or administrative organization, every effort the Association and the affected teaching staff no less than thirty (30) days prior to such reduction. All teachers placed on the RIF list will be made so advised. Procedures for reduction in staff shall be as follows: 1. A seniority list shall be established for each teaching field. Retired, rehired teachers will not accrue seniority. Retired, rehired teachers will be placed first on the RIF list in each corresponding teaching field. 2. A teaching field shall be defined as those levels/academic subjects which can be taught within a certificate issued by the Department of Education. 3. All teachers on continuing contracts shall have seniority over teachers on limited contracts unless the final Summative Rating was “ineffective” for two (2) consecutive years prior to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected RIF. When two (2) or more teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in “ineffective” the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingused. 4. The seniority Teachers placed on the RIF list shall notify the Board if suitable employment is found elsewhere. 5. Seniority will be developed computed from the last teacher’s most recent date of employment and furnished to hire in the Associationschool district. If there is a tieSeniority shall not accrue during unpaid leaves of absence, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an but shall not be broken by such unpaid leave of absence shall retain accrued seniorityabsence. 6. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during The contract of that time. A countywide list of all certificated personnel employed as of July 1 of each year teacher who is affected by a reduction shall be compiled and available upon request of FCTAsuspended. 7. The All teachers who are notified that they are placed on the RIF list will indicate name, date have the following rights: a. To review his/her seniority and certification records with representatives of first employment, date of current employment and department and location codehis/her choice. C. Teachers on layoff shall b. To be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacanciesDistrict’s substitute list. D. When vacancies become available, the teacher will c. To be notified of all vacancies which may occur or new positions which may be created for which the vacancy by phone teacher is certified and email sent qualified. Failure to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten accept or reject such appointment within five (105) days after receipt shall constitute a rejection of notification of the vacancy as to whether or not the position will such appointment. d. To be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain continued on the priority recall RIF list for a maximum period of three eighteen (318) yearsmonths. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. When the School Board determines that Reduction in Force of licensed teachers becomes necessary, the following guidelines shall be used: a. In any reduction the event of staff reductions, contracts of separated personnel shall be terminated in accordance with NDCC statutes in force at the bargaining unit as a result time. b. The Administration shall determine the teacher(s) to be recommended for reduction-in-force nonrenewal by applying the following criteria: 1. Attrition, including retirements and resignations, shall be relied on to the extent possible. 2. When attrition is not sufficient to alleviate the necessity for reduction- in-force, then the policy of budgetary actions or curriculum and/or administrative organization, every effort will this District shall be made to transfer affected retain those teachers with the greatest adaptability to other similar positions meet the present and future staffing and educational needs of the District. 3. When two teachers within the school system where vacancies exist same area of licensure are deemed to be of equal adaptability to meet the present and for which future staffing needs of the affected District, then the teacher with the superior academic and professional preparation, beyond minimum licensure requirements in his or her teacher field, shall be retained. 4. When two teachers are certifieddeemed to be of equal adaptability and have equal academic and professional preparation within their teaching fields, then the teacher who has taught in this District for the greater period of time shall be retained. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when c. After a tenured teacher has been laid off and disputes nonrenewed because of a seniority rankingreduction in force, he/she may, per written request, be placed on a list to be considered for possible recall to employment. The seniority following procedures shall be followed: 1. Teachers who have been nonrenewed because of reduction in force must request to be placed on a recall list will within 10 days after their notification of nonrenewal. Separated teachers under consideration for re-employment shall be developed sent a certified letter of an opening for which they are qualified if they supply the Business Manager with an address. They shall have 10 days from the last date of employment and furnished the certified letter was sent to apply for the vacancy. This shall entitle them to the Association. If there is a tie, same consideration for the affected teachers will have seniority calculated position as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that timeany other candidate. 2. A countywide teacher returning to employment from the recall list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list appropriate step and their certification for said vacancies. D. When vacancies become available, the teacher will be notified lane of the vacancy by phone salary schedule, and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to the same benefits as any dismissal procedure required elsewhere in this Agreementother teacher. G. Teachers recalled under these provisions shall have restored 3. Separated teachers must meet required qualifications to them all previously accrued sick leave and personal leave. H. The Board and retain the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions right to be in conflict, the parties shall meet within ten (10) days considered for the purpose of renegotiating only the provision(s) held to be contraryfuture vacancies.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In any reduction 1. If the Board decides to decrease the number of employees or to discontinue some particular type of educational support service, the Board shall first dismiss, within the respective category of position, the employee with the least seniority, provided, however, that in the bargaining unit as event special qualifications and current evaluations for the employee exist for a result of budgetary actions or curriculum and/or administrative organization, every effort will particular position then a less senior employee may be made to transfer affected teachers to other similar positions within retained over a more senior employee. In such event the school system where vacancies exist more senior employee and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they union shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy reasons for retaining the less senior employee. The same factors shall also apply to a recall of employees. Employees who are removed or dismissed shall receive a written notice of honorable dismissal by phone certified mail, return receipt requested, in accordance with Section 10-23.5 of the School Code. 2. The Board and email sent the Union agree that a decision of the Board to decrease the number of employees or to discontinue some particular type of educational support service shall be solely the decision of the Board. 3. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the last known addressemployees so removed or dismissed from that category of position, so far as they are qualified to hold such positions. The teacher so notified positions shall be offered first to the laid off employees with greater seniority. To be eligible for recall, employees must notify the responsible administratorBoard, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) calendar days of the Board’s mailing of the notice of vacancy, or within five (5) calendar days of the employee’s receipt of the notice, whichever shall first occur, of the acceptance of any vacant position offered to the employee during the recall period. The employee’s failure to notify the Board of acceptance of any vacancy shall constitute rejection of the offer of employment. Any employee who rejects an offer of an available full-time position in any category of position in which he/she is qualified shall be deemed to have waived his/her recall rights under Section 10-23.5 of the School Code and will no longer be eligible for any other vacant position that becomes available during the recall period. In the case of employees whose position is being eliminated within the respective classification by district seniority, the affected employee shall be allowed to displace or “bump” the employee with the least district seniority in the next lowest classification provided they are qualified for the position as determined by the authorized administrator in charge and the employee in the next lowest classification has less district seniority. If no one in the next lowest classification has less district seniority than the employee whose position was eliminated, then the employee shall have the right to a position in the next lowest subsequent classification in the same manner as described above until such time as a position is secured or all classifications are exhausted. An employee displaced in the above procedure shall also have the right to a position in the manner as described above If the employee is released and recalled to a position within the time frame specified above, for the purpose of renegotiating only this section, it will not constitute a break in service and the provision(s) held to employees will not incur any loss in district seniority. 4 The creation of new categories of position shall be contrarywithin the inherent managerial authority of the Board and the impact of the new categories shall be negotiated with the Union.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In any When a reduction in the bargaining unit as number of certified staff is deemed necessary because of return to duty of regular teachers after leaves of absence, including suspension of schools; territorial changes affecting the district; a result decrease in student enrollment; changes in curriculum; financial reasons; changes in use of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist instructional personnel and for which other reasons as identified by the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers Board and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieadministration, the affected teachers Superintendent shall determine the curricular area, subject, level or program that will have seniority calculated lose staff positions, as defined in Article I, Section B.7well as the date that such reductions are needed. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer Notice of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to potential reduction in force shall be given to the Association President by the end of the school year if possible and where not be subject possible, thirty (30) calendar days before Board action to any dismissal procedure required elsewhere in this Agreementreduce staff. G. Teachers recalled under these provisions B. The Superintendent shall have restored to them all previously accrued sick leave and personal leave. H. The utilize the RIF Rubric (Appendix C), jointly designed by the Board and the Association recognize in September 2012 for such reductions in staff giving due consideration first to the best interests of the school district and in keeping with the provisions of this contract. At the request of the Superintendent, building administrators and teachers will complete the RIF Rubric for each staff member in the area(s) designated for reductions in force and submit the completed Rubrics to the Superintendent. The Superintendent will review the RIF Rubrics for each staff member, identifying for reduction in force staff members with the lowest scores on the Rubric relative to other staff members’ scores in the same certification/licensure area(s). When a reduction in force action is to be taken, the Superintendent shall notify the staff it is necessary to suspend contracts. This notification will include the certification/licensure areas that appropriate governmental agencies might possibly be affected. Teacher(s) and the Association president will be notified in writing by the Superintendent prior to any Board of Education action. C. Any RIF shall be in accordance with the seniority definition herein. Seniority shall be defined as continuous years of service in the district beginning with the date of contract approval by the Board of Education. RIF in areas of certification shall be in reverse order of greatest seniority. D. If a teacher is to be suspended from a certification area and holds valid certification in another area, that have jurisdiction may promulgate rulings and/or regulations that may impact this Articleteacher shall be given prime consideration in the other area. E. If the teacher is not reassigned, he/she shall be given written reasons why not by the Superintendent. F. Recall in areas of certification shall be in order of greatest seniority. Employees whose contracts are suspended for reasons of reduction in force shall be notified by certified mail if a vacancy for which they are certified occurs within eighteen (18) months of their non-renewal or suspension. If such rulings or regulations cause any provisions to be interested in conflictthe position, the parties employee shall meet be rehired for the job. If interested in being considered for the position, the teacher shall notify the Superintendent within ten (10) days for days. No employee new to the purpose system shall be hired until all members who have been RIF'd are either hired back, or have declined employment in writing, or have not responded within the required period of renegotiating only the provision(stime. G. Teachers hired back or recalled from suspension shall return to duty with all rights and benefits under this contract. This provision does not apply to any teacher whose one (1) held to be contraryyear limited contract was non-renewed.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In 1. When by reason of decreased enrollment of pupils, discontinuation of a program, return to duty of regular employees after leaves of absence, or by reason of suspension of schools, or territorial changes affecting the district, or insufficient revenues, loss of funding source, or staff realignment, the Board of Education decides that it shall be necessary to reduce the number of employees, it may make a reasonable reduction. The Board may proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall, within each teaching or guidance field affected, give preference to employees on continuing contracts. Such preference, however, shall only be granted when the employee under consideration has proper certification. The Board shall not give preference to any reduction employee based on seniority, except when making a decision between employees who have comparable evaluations. 2. Any program with a combined FTE of 10 or less shall be given warning of possible discontinuation of the program. The second consecutive year of low enrollment of 10 FTE or less can result in discontinuation of the bargaining unit program for the following school year. When a program is discontinued, an ineffective teacher as indicated on their OTES evaluation, from a result low enrolled program cannot displace a teacher in a similar program with high enrollment. The instructors of budgetary actions or curriculum and/or administrative organization, every effort discontinued programs shall be notified of contract suspensions by May 31st. All efforts will be made to transfer affected teachers to other similar positions within keep instructors employed through transfers that may exist over the school system remainder of the year or during the summer months. Only in special circumstances will exceptions be made and only at the discretion of the Superintendent of Schools. Exceptions may include special education programs where vacancies exist suggested maximum numbers of students is less than ten (10), academic programming, satellite programs, and for which the affected teachers are certifiednew "start up" programs. B. If no similar Employees, whose continuing contracts are suspended, shall have the right of restoration to continuing service status if and when teaching or guidance positions become vacant or are availablecreated for which any of such employees are or become qualified. However, rehired retireesseniority shall not be the basis for rehiring an employee, provisionally certificated except when making a decision between teachers and non- tenured teachers who have comparable evaluations. Employees must accept in writing a reinstatement offer within two (2) calendar weeks after the subjects and/or grade levels affected will be laid off or separated from offer is made by the active employment rolls prior to tenured teachers in Superintendent who shall notify by letter the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the employee at his/her last known address. The teacher Said employee shall return to the salary schedule· at a position which shall reflect his/her current experience and educational status. Failure to accept the written offer for any reason shall terminate any reinstatement responsibility which the Board has to that employee, so notified long as the position offered is not less hours than the position previously held by the employee. No employee shall notify the responsible administrator, in writing, in not have reinstatement rights for more than ten two (102) days after receipt school years following the suspension of notification his/her contract. In order of contract suspensions, employees on continuing contracts shall, provided other stipulations in this section are met, have priority over employees who have seniority in the vacancy district but who are without a continuing contract. Seniority is defined as to whether or not continuous full time employment by the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsBoard. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to C. When reduction in force is necessary, the Vanguard-Sentinel Career & Technology Centers Superintendent and/or building Director shall not be meet with the V-SEA officers at the request of the staff member involved. This meeting is to explain the need and discuss alternative ideas. D. This Article is subject to the statutory requirements of ORC 3319.17 and the provisions of the statute prevail over any dismissal procedure required elsewhere in conflicting provisions within this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any 19.9.1 The reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort force process will not apply and need not be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If followed unless there is a tiedistrict-wide reduction in force. A district-wide reduction in force occurs when the District is unable to place teachers at the end of the surplus process, prior to the beginning of a new contract year. After the surplus process is complete, the affected Superintendent may release as many teachers as necessary. 19.9.2 A meeting between the Superintendent, or designee, and a representative of the Association will be set at least 10 days prior to any final action by the District to reduce teachers as the result of a district-wide reduction in force. 19.9.3 All unplaced teachers will have seniority calculated as defined be reviewed by the number of their respective endorsements and certifications, according to the staffing needs of the District. Staffing needs may include but are not limited to the following: endorsements, certifications, pattern of declining enrollments in Article Isubject area, Section B.7endorsements in core academic areas, ESL and gifted endorsements, extracurricular coaching endorsements and certifications, eMINTS certifications, and those who are fluent in a language needed within a school site. Teachers on an unpaid leave Any teacher who has received a current (within the existing school year) written notice of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue suspension will not be eligible to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codedisplace another teacher. C. Teachers on layoff shall 19.9.4 If a choice must be placed on a priority recall list in accordance with their seniority. The made between two or more teachers shall determined by the District to be recalled as vacancies become available in accordance with their position on equally well qualified for the list and their certification for said vacancies. D. When vacancies become availableposition, the teacher with the most advanced degree and lane placement according to the teacher salary schedule will be notified retained. 19.9.5 Teachers released through this process, who are not on active corrective discipline as found within their district personnel file, shall be given the first right of interview for positions for which they are qualified that become available during the six months following their release. Notification of the vacancy available position shall be made by phone and email sent a certified letter to the last known addressaddress of the former employee. The teacher so notified offer of interview shall notify advise the responsible administrator, in writing, in not more than ten (10) person that he or she has seven days after receipt of notification the postmarked date of the vacancy as letter to whether accept or not reject the position offer of interview. If rehired under this section, teachers will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain placed on the priority recall list for a maximum of three (3) yearsstep they would have received if they had not been released. Offers not accepted or responded to by the seventh day are deemed rejected. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Professional Services

REDUCTION IN FORCE. A. 14.1 By every September 30th, the District shall prepare a Seniority List. Seniority is defined as length of unbroken service within the Bargaining Unit and shall be computed from the teacher's date of hire with the Fall Mountain Regional School District. All teachers shall be ranked on the list in order of their date of hire as above defined. In any the circumstance of more than one (1) individual having the same date of hire, all individuals so affected will participate in a drawing to determine placement on the Seniority List. Said drawing shall take place during a necessary reduction in force where a tie needs to be broken. 14.2 The Seniority List shall be prepared by the District and verified by the Association. Said list shall be posted in all buildings of the District by October 15th of each school year. Revisions and updates of the Seniority List shall be published and posted as they are made. A copy of the Seniority List and subsequent revisions shall be forwarded to the Association. 14.3 All seniority excepting as provided below is lost when employment is severed by resignation, retirement, discharge for cause, or transfer to a non-bargaining unit position; however, seniority is retained if severance of employment is due to layoff (RIF). In cases of layoff, teachers so affected shall retain all seniority accumulated as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist effective date of layoff. A. Administrators and Department Heads shall have their seniority grandfathered for which their actual teaching time in the affected teachers are certifiedFall Mountain Regional School District. B. If no similar positions are availableDepartment Heads performing actual teaching duties shall continue to accrue seniority. C. Teachers transferring to a non-bargaining unit position shall have a one (1) year grace period during which their seniority shall be retained, rehired retireesand they may opt to return to the bargaining unit. 14.4 Seniority shall not accrue while a teacher is on leave of absence. Seniority shall accrue while utilizing sick leave and in all situations where mandated by state or federal law. 14.5 It is hereby recognized that it is within the discretion of the Board to reduce its educational program curriculum, provisionally certificated teachers and non- tenured teachers staff, and that the procedures set forth in this Article shall be used in laying off personnel. 14.6 Layoff shall be defined as, but not limited to, a necessary reduction in work force beyond normal attrition due to decreased student enrollment or shortage of revenues. 14.7 In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event it becomes necessary to lay off tenured teachersreduce the number of bargaining unit members through layoff for reasons as provided, they the Association president shall be notified and the following procedure shall be followed: A. The administration will make every effort to reduce the number of positions first by attrition in order to avoid unnecessary layoffs. B. Beginning with the last name on the seniority list and in ascending order thereafter, the District shall identify the least senior teachers equal in number to the number of teaching positions being eliminated. C. Probationary teachers shall be laid off first as follows: 1. In all cases, teachers shall be laid off and retained on the basis of their seniority, provided their certification and qualifications are relatively equal. Qualifications shall include: a. The teacher must have taught within their area of certification within the last five (5) years. b. Evaluations c. Recertification requirements d. Degree; Major, Minor hours e. Extra-curriculars 2. In the event the Board elects to lay off a more senior bargaining unit member, a measurable differential in qualifications between bargaining unit members must be established. D. If the reduction of teachers is still necessary, then teachers on continuing contracts shall be laid off as outlined above. E. Seniority shall be prorated according to time worked. F. A teacher who meets the above criteria shall have the right to be placed in a position for which they are certified and qualified to fill and which is occupied by a teacher with less seniority. G. In all cases of layoff, the teacher’s non-renewal notice shall state that the non-renewal was due to a reduction in force. 14.8 Recalls shall be in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.layoffs: C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The A. Probationary teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification have recall rights for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten two (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (32) years. E. While a layoff continues, no new teachers B. Teachers with continuing contract status shall be hired except in those unique circumstances where have recall rights for five (a5) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyyears. F. Any layoff due 14.9 Refusal of an offer from the District of a position for which the laid off bargaining unit member is certified/licensed, failure to reduction in force shall not be subject respond within five (5) days of receipt of written notification, or once having accepted the position via collect telephone call and written confirmation; failure to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored return to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet work within ten (10) working days shall be cause for termination. 14.10 Teachers under contract obligation to another school district may be bypassed without loss of seniority. Such action shall not in any way affect the purpose bargaining unit member's rights as guaranteed under this Agreement. 14.11 Notifications of renegotiating only all recalls shall be in writing with a copy to the provision(s) held Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be contrarythe teacher's responsibility to notify the District of any change of address. 14.12 Recalled teachers shall be entitled to all accrued sick leave benefits as provided herein.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In any reduction When it is determined to reduce the number of support staff within each job title of the respective Categories listed in Appendix A, the bargaining unit following procedure will be utilized: 1. As soon as a result reduction-in-force becomes necessary the President of budgetary actions or curriculum and/or administrative organizationthe Association shall be notified in writing, every effort specifying the nature of the proposed reduction. 2. Reductions will first be accomplished by attrition (resignations, retirements, and refusal to contract). 3. If more reductions-in-force are necessary, then part-time Staff shall be laid off. 4. For purposes of this section, classifications will be made to transfer affected teachers to other similar defined as the positions within the school system where vacancies exist and for which the affected teachers are certified.described inAppendix A. B. If no similar positions are available5. Within these classifications, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they probationary staff shall be laid off in first. If further reductions are necessary, then non-probationary staff will be laid off. Among non-probationary staff, the inverse Superintendent will consider each of the following: a. New Hampshire Teacher or Para-educator Certifications. b. Academic and professional preparation beyond minimum requirements. c. Performance as determined by previous evaluations. 6. If these factors are substantially equal, then seniority shall determine the order of their layoff, with the least senior staff being laid off first. Seniority is defined as the total years of uninterrupted service to the Xxxxxx School District within a bargaining unit position. Approved leaves or transfers to a non-bargaining unit position shall not result in loss of previously accrued seniority. An appropriate seniority list will However, resignation shall terminate all previously accrued seniority. 7. Employees who are going to be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from who are qualified to fill vacant positions in other job titles covered in this agreement shall have the last date of employment right to apply for the positions and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate namegiven preferential consideration over outside applications, date of first employment, date of current employment and department and location codeif substantially equal. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers B. Staff shall be recalled in reverse order of layoff for any open position within the classification in which the layoff occurred. Only non-probationary staff shall be eligible for recall rights. The same conditions as vacancies become A. 4 above shall apply to recall. 1. Laid off staff shall be eligible for recall for a two (2) year period following their final date of employment. 2. Staff shall be responsible for notifying the Superintendent in writing of their current addresses. Recall notices shall be mailed certified, return receipt requested. 3. Staff shall have twenty (20) business days to respond to any recall notice. Failure to accept recall to any permanent position within the Bargaining Unit shall terminate the staff member’s rights under this Article. 4. No new employees shall be hired for any vacancy within a classification while there are laid off personnel from those classifications available in accordance with their position to fill those positions. 5. Staff members recalled shall retain previous seniority and other accrued contract benefits, such as accumulated sick leave. 6. Should a vacancy occur within a classification and there are no staff members on the recall list and their certification for said vacancies. D. When vacancies become availablethat classification, the teacher will then that vacancy shall be notified of the vacancy by phone and email sent offered to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employmentmost senior staff member laid off from another classification who is certified and substantially qualified for that position. If the teacher declines laid-off staff member refuses the second offer of a vacant position, reemployment his/her recall rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsretained. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In any reduction 1. For the purpose of this agreement seniority shall be defined as length of continuous service in the Harvard Public Schools measured from the first day for which compensation was received. Effective September 1, 2003, for bargaining unit as members who are employed less than full time in the Harvard Public Schools, seniority shall be measured on a result prorated basis according to the percentage of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifieda full time position. B. If no similar positions are availablea. Paid leaves of absence shall count toward the accrual of seniority. b. Approved unpaid leaves of absence of fewer than forty-one (41) consecutive working days shall be counted toward the accrual of seniority. c. Approved unpaid leaves of absence of longer than forty (40) days shall not constitute a break in service, rehired retirees, provisionally certificated teachers and non- tenured teachers in but time spent on such leave shall not count toward accrual of seniority. 2. In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event that it becomes necessary to lay off tenured teachersreduce the number of teaching positions in the Harvard Public Schools, they no teacher with professional teacher status shall be laid off if there is a teacher without professional teacher status serving in a position for which the teacher with professional teacher status is qualified, as defined in Section 4c. of this Article. 3. If in the inverse application of this Article it is necessary to determine the seniority order of two or more teachers with the same seniority credits, the following procedure shall apply in the following order: a. A full-time teacher shall be deemed senior to a part-time teacher. b. The teacher with the most experience as a substitute teacher in the discipline shall be deemed senior to the other employees. c. A lottery shall be conducted in the presence of the Superintendent of Schools and the President of the Association, or their designees, to determine the order of seniority among such employees. 4. In the event that layoffs of teachers with professional teacher status become necessary, the following procedures shall be employed: a. Each administrator/supervisor responsible for the evaluation of teachers within a specific discipline area will determine each year whether any individual in that area is not performing at a proficient level. This judgment will then be reviewed by the Superintendent. If the Superintendent upholds the judgment, a teacher so identified will be notified in writing by his or her immediate supervisor not later than November 1. Such notification will include an explanation of the RIF evaluation process and a listing of the specific areas within which the teacher is considered deficient with specific suggestions for improving performance. The teacher may, at his or her election, submit a letter of rebuttal or explanation. Neither the notification nor response will become a part of the teacher's permanent record at the time. This notification does not mean that the teacher so notified will definitely be RIFFed but only that he or she is at risk of being exempted from seniority. An appropriate Subsequent to the identification and notification of a teacher whose performance in the Harvard Public Schools has been judged less than satisfactory, continued close supervision and evaluation of the teacher will be carried out by both his or her immediate supervisor and at least one additional administrator designated by the Superintendent. By April 1 the teacher's overall performance will be reevaluated. If after the second evaluation (and review by the Superintendent) the teacher's performance continues to be less than satisfactory, he or she will be placed at the bottom of the seniority list will regardless of actual years of service. Upon return to satisfactory performance the affected employee shall be restored to his or her regular place on the seniority list. b. In making a decision regarding the layoff or reduction in force of an employee (s), the Superintendent shall consider the employees’ qualifications. The criteria for determining qualification shall include: (1) Indicators of job performance, including ratings on evaluation; however, no distinction shall be made available for inspection when between proficient and exemplary ratings: (2) Prior successful teaching experience in the discipline area(s) and subject area (s); (3) Major and minor fields of college study (as shown by official transcripts); (4) Recent college-level course work in the discipline’s subject area(s); and (5) Related experience outside the field of education. Seniority shall be used as a tenured teacher has been tie-breaker in this section among teachers whose qualifications are no different. In addition to considering the qualification of employees as described above, the Superintendent or her/his designee shall consider the best interests of students in the school or district to determine who shall be laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. off. c. If there is a tiedispute concerning the determination of qualifications made under the provisions of Section c. above, then a joint committee, consisting of two (2) School Committee members and two (2) Association members (appointed by the HTA President) shall review the decision and shall attempt to resolve the dispute. In the event that the joint committee cannot reach agreement, the affected teachers matter will have seniority calculated as defined in Article Ibe referred to expedited arbitration pursuant to Part 12 of this provision. d. For purposes of this provision, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year discipline areas shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.as follows: C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies.(1) Pre-K D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (2) Elementary K-5 (3) English/Language Arts 6 - 12 (4) Foreign Language 6 - 12 (5) Industrial Technology 6 - 12 (6) Mathematics 6 - 12 (7) Science 6 - 12 (8) Social Studies 6 - 12 (9) Art K - 12 (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three Guidance/School Psychologist K - 12 (311) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where K -12 (a12) there are no teachers on the priority recall list qualified to fill the vacancy or Librarian K - 12 (b13) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Music K -12

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In Section 1. The District will continue to follow past practice of recognizing the principle of seniority as the first priority in the event of any reduction in force. Recalls will occur in the bargaining unit reverse order of the reduction in force. Section 2. In the event that the seniority of two (2) or more professional employees is equal, the professional employee with the greatest length of total (whether or not it was interrupted) prior service to the District as a professional employee shall be considered senior. Section 3. If two (2) or more professional employees have equal seniority and equal prior service, the professional employee with the greatest length of service to the District as a long-term full-time substitute shall be considered senior. Section 4. If two (2) or more professional employees are equal in seniority, prior service to the District and prior service as a long-term full-time substitute to the District, the most senior shall be determined by lottery. Section 5. Tenured professional employees who are recalled from suspension to fill temporary vacancies shall be covered by all the provisions of this Agreement and will be treated as regular employees during any such period of employment. Section 6. The term "temporary vacancy," as used in this Article, for which professional employees have the right to recall, shall be defined as a professional position to be filled as a result of budgetary actions an approved military leave of absence, child rearing leave, special leave, sabbatical leave of absence, Association office leave or curriculum and/or administrative organizationadvanced study leave, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for approved duration of which the affected teachers are certifiedis at least one (1) quarterly marking period (ordinarily forty-five (45) consecutive student days). B. If Section 7. To be considered available to fill temporary vacancies as defined herein, suspended professional employees must submit to the Director of Personnel by no similar positions are available, rehired retirees, provisionally certificated teachers later than July 1st of each school year written notice of their current address and non- tenured teachers phone number and of their intent to accept a temporary vacancy when offered. Section 8. Failure to comply with the notice requirement set forth above shall result in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior professional employee losing his/her right to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available recall for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, that school year. Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time9. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second professional employee who refuses an offer of a position, reemployment rights temporary vacancy shall be forfeited. All teachers shall remain on the priority lose his/her right to recall list for a maximum of three (3) yearsthat school year. E. While Section 10. A professional employee who refuses an offer of a layoff continues, no new teachers permanent vacancy shall be hired except in those unique circumstances where (a) there are no teachers on the priority lose his/her right to recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancycompletely and permanently. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. 6.1 The rights and benefits of this article are granted exclusively to employees who have completed one or more year of service in the District 6.2 If the Board determines it necessary to decrease the number of staff, eliminate any position or reduce hours in a position, the Board may lay-off the necessary number of staff or reduce their hours, but only in the inverse order of seniority within employee classifications: educational assistant (para-educator), Intensive Special Needs Educational Assistant, office assistant and custodian. In any the case of a tie in seniority, the administration will decide whom to retain based on the needs of the district and the documented job qualifications and written job performance of the support staff that are “tied”. (e.g. Less senior staff members will be subject to lay-off or reduction in the hours before more senior staff members.) A bargaining unit as member with low seniority may be passed over in a result layoff or reduction circumstance if he/she possesses special skills that are presently needed and uncommon among other bargaining unit members. An example of budgetary actions such skills is sign language for the hearing impaired. The School Administration retains the right to determine assignments while applying the reduction in force procedures. A staff member being laid off who is qualified for another position may displace a staff person in another area or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions position with less seniority within the school system where vacancies exist and for which District. Under this article, no staff person may be prevented from securing other employment during the affected teachers are certified. B. If no similar positions are period the staff person is laid-off. When a (new) staff position becomes available, rehired retirees, provisionally certificated teachers and non- tenured teachers in laid-off staff members of the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they district shall be laid off offered re-employment in the inverse order of their seniority. An appropriate seniority list will be made having been laid-off, provided that they are qualified to assume the available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list position(s) in accordance with their seniorityArticle 5, Vacancies. The teachers shall Employees who are to be recalled as vacancies become available laid off pursuant to this Article will be given at least twenty (20) calendar day’s written notice by the District of the impending reduction in accordance with their position on the list and their certification for said vacanciesforce. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment 6.3 Recall rights shall be forfeitedremain in effect for fifteen months from the date on which the layoff notice became effective. All teachers shall remain on A recalled staff member’s credit for previous years of service in the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force District shall not be subject lost as a result of a layoff. Employees who have been laid off, shall retain the right to be recalled to any dismissal procedure required elsewhere vacant positions within their job category in this Agreement. G. Teachers recalled under these provisions reverse order of layoff for a period of fifteen (15) months immediately following the date of the layoff provided the employee is qualified for said position. Notice of recall shall have restored be by certified mail and by electronic mail and forwarded to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet employee within ten (10) days for of when the purpose vacancy becomes available in the District. Notice shall be sent by certified mail and by electronic mail to the employee’s last known address. If the employee does not make himself or herself available to fill the position within fifteen (15) calendar days after the recall notice was sent by the District, he/she shall be deemed to have refused the position and waiver further recall rights under this Agreement. 6.4 The Administration shall prepare a seniority list by November 1 of renegotiating only each year. Support staff shall have the provision(sright to challenge their place on this list by serving notice of the challenge directly to the administration within ten (10) held to be contrarycalendar days of the list’s publication.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In When the Board of Education decides that it will be necessary to reduce the number of teachers it employs, it may make a reasonable reduction for any reduction of the following reasons: a. Return to duty of regular teachers after approved leaves of absence; b. Suspension of schools; c. Decreased enrollment of the pupils in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within District; d. Territorial changes affecting the school system where vacancies exist and for which the affected teachers are certifiedDistrict; and e. Financial reasons. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieIn making any such reduction, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave Board of absence Education shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue proceed to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list suspend contracts in accordance with their senioritythe recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference first to teachers on continuing contracts. The Superintendent shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations and shall be recalled as vacancies become available use the following procedures to implement this provision: a. Prior to making a reduction in accordance with their position on the list and their certification for said vacancies. D. When vacancies become availableforce, the Superintendent/designee shall identify those teachers whose teaching field, as defined by this Article, is affected by the need to reduce the number of teachers employed by the Board (hereinafter, "RIF Pool"); b. Next, the Superintendent/designee shall exclude any teacher will be notified from the RIF Pool who previously attained continuing contract status within the Beachwood City School District provided however that this requirement shall not apply where the RIF Pool contains only teachers with continuing contract status; c. Next, the Superintendent/designee shall review written evaluations together with any related materials (hereinafter, "Evaluation") of each teacher in the vacancy by phone and email sent to RIF Pool. This review shall consider the last known address. The teacher so notified shall notify Evaluations completed for the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of most recent three (3) Evaluation Years, if available, for each teacher in the RIF Pool. An Evaluation Year shall mean all Evaluations completed within one (1) school year. Based solely upon the review of each teacher's Evaluations during the most recent three (3) Evaluations Years (if available), the Superintendent/designee shall rank the teachers in the RIF Pool using Objective and Measurable Standards. If a teacher in the RIF pool does not have any completed Evaluations, the teacher shall be ranked as having the lowest overall Evaluation. While developing the Objective and Measurable Standards, the Superintendent/designee shall provide to Union representatives an opportunity to meet and discuss any draft(s) of the Objective and Measurable Standards. Any meeting occurring under this subsection shall be collaborative in nature. The Superintendent/designee shall give due consideration to input provided by Union representatives regarding the draft(s) of the Objective and Measurable Standards. The Superintendent retains the final authority to determine the Objective and Measurable Standards. d. Next, the Superintendent/designee shall select for reduction in force the teacher(s) in the RIF Pool with the lowest overall Evaluations. If the Superintendent/ designee determines, after following the process in the preceding paragraph, that two or more teachers in the RIF Pool have the same ranking, the Superintendent/ designee shall use seniority as the tiebreaker. e. Prior to implementing a reduction in force, the Superintendent/designee shall provide an opportunity to the Union President to meet, discuss and confirm the Superintendent/designee's application of the procedures under Section B of this Article and any corresponding calculations. Also prior to implementing the reduction in force, the Superintendent/designee shall provide an opportunity to the Union President and the teacher(s) subject to the reduction in force to meet and discuss the reduction in force. C. On a case-by-case basis, in lieu of suspending a contract in whole, the Board of Education may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. D. Teaching field shall generally mean the teacher's area of licensure/certification under 3319.22 of the Ohio Revised Code and the corresponding sections of the Ohio Administrative Code, including but not limited to O.A.C. Section 3301-24-05. Where no license/certification is offered for a particular teaching assignment, "teaching field" shall mean the particular teaching assignment. E. Any reassignment of teachers necessitated by a reduction in force under this Article shall be the sole responsibility of the Superintendent. The Superintendent will use assignment/reassignment to minimize the need for and the number of reductions in force. However, the Superintendent shall have no obligation to reassign a limited contract teacher affected by a reduction in force if: a. The teacher is not licensed/certificated to teach in the position of reassignment; And/Or b. The teacher has not taught in the subject matter of the position of reassignment within the last five (5) years; or the teacher has not earned nine (9) semester hours in the subject matter of the position of reassignment within the last five (5) years. E. While a layoff continuesF. Teachers whose continuing contracts are suspended, no new in full or part, by the Board of Education, pursuant to this Article, shall have the first right of restoration to continuing service status by the Board if and when teaching positions become vacant or are created for which any of such teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force become qualified. Seniority shall not be subject the basis for rehiring/restoring a teacher, except when making a decision between teachers who have comparable evaluations. This means that the Superintendent/designee shall follow the procedures in Section B.c. of this Article to any dismissal procedure required elsewhere determine the teacher(s) with the highest overall Evaluations and shall restore such teacher(s) to employment provided such teacher(s) is/are properly licensed to teach in this Agreementthe restored teaching position(s). G. Teachers recalled under these provisions For one (1) calendar year from the effective date of the reduction in force, teachers whose limited contracts are suspended, in full or part, by the Board of Education, pursuant to this Article, shall have the second right of restoration by the Board if and when teaching positions become vacant or are created for which any of such limited contract teachers are or become qualified. Seniority shall not be the basis for rehiring/restoring a teacher, except when making a decision between teachers who have comparable evaluations. This means that the Superintendent/designee shall follow the procedures in Section B.c. of this Article to determine the teacher(s) with the highest overall Evaluations and shall restore such teacher(s) to employment provided such teacher(s) is/are properly licensed to teach in the restored to them all previously accrued sick leave and personal leaveteaching position(s). H. The Board X. Xxxxx to implementing a restoration, the Superintendent/designee shall provide an opportunity to the Union President to meet, discuss, and confirm the Superintendent/ designee's application of the procedures under Sections F and G of this Article and any corresponding calculations. Also prior to implementing the restoration, the Superintendent/designee shall provide an opportunity to the Union President and the Association recognize that appropriate governmental agencies that teacher(s) subject to the restoration to meet and discuss the restoration. I. Any continuing service status or limited contract teacher on the restoration list will have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.fifteen

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

REDUCTION IN FORCE. A. In any 9.1 When a reduction in the bargaining unit as a result number of budgetary actions teachers employed or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the number of school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured days contracted per teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tiedeemed necessary, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in accordance with the provisions of this AgreementArticle. G. Teachers recalled under these provisions 9.2 The Employer shall attempt to absorb reductions through normal attrition due to retirements and resignations. 9.3 Should an involuntary staff reduction be required, the order of reduction shall be based on subject area, and if applicable, required special certifications, and on the basis of seniority at each facility within the Agency. A teacher whose position has been eliminated shall be given preference, on the basis of seniority, for any teaching vacancy within the facility which may exist for which the teacher is qualified by certification, endorsement, or where endorsement is not applicable by reasons of college credits in the subject area. 9.4 A teacher whose position is being considered for reduction in force shall be notified in writing of such intent on or before the ninetieth (90th) day prior to the close of the individual teacher contract period. 9.5 The teacher may request and shall be granted a hearing as provided in Nebraska statutes. 9.6 A teacher whose contract has not been renewed because of reduction in force shall be considered to have been dismissed with honor and shall be provided a letter to that effect. 9.7 Any teacher whose contract has not been renewed because of reduction in force shall have restored recall rights to them all previously accrued sick leave and personal leaveemployment for a period of twenty-four (24) months. Teachers shall be recalled in reverse order of layoff. The teacher with the most seniority by facility shall be recalled first to fill open positions in that facility, provided the teacher meets the required qualifications. H. The Board 9.8 Recall offers shall be in writing and delivered by certified mail and the Association recognize that appropriate governmental agencies that teacher shall have jurisdiction may promulgate rulings and/or regulations that may impact this Articlefive (5) workdays after receipt of written notice to accept or reject the recall offer in writing. If such rulings or regulations cause Failure to respond constitutes rejection of the recall offer. The teacher shall be responsible for maintaining his/her current address and phone number with the agency. 9.9 Teachers who are recalled within 24 months shall, upon reinstatement, retain any provisions employment benefits which had accrued to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held said teacher prior to be contrarytheir being laid off.

Appears in 3 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

REDUCTION IN FORCE. Criteria for Eliminating Positions A. In any reduction in When the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be decision is made to transfer affected teachers reduce staff, the Board may exclude positions to other similar positions within guarantee meeting the school system where vacancies exist needs of the students and for which the affected teachers are certifiedneeds of programs of the district. B. Prior to making a recommendation to the Board related to sections A above, the administration shall meet with the Association to discuss the proposed recommendations for excluded positions. Once a determination has been made as to which positions should be eliminated, then the basis that will be used in determining which teachers to retain in the in the affected position(s) will be the composite evaluation rating of the teachers holding such positions as measured by the District’s Teacher and Leader Effectiveness System (TLE) for each year in which the TLE has been in effect. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured the composite ratings of the teachers in the subjects and/or grade levels affected positions are the same, then the following, in this order, shall be considered: 1. Seniority in the district established from the first reporting date to work, with continuous service from that date. 2. Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, minor endorsement on provisional. 4. certificate and number of college credit hours in the area of teaching assignment as evidenced by position on the teacher salary schedule.) 5. A lot drawing by the District in the presence of an authorized representative of the Association. Only those teachers who have an average three year ranking of “effective” or above will be laid off or separated from given bumping rights. If three years of rankings are not available, the active employment rolls prior district will use an average of available years. In order to tenured bump, a teacher must be certified in the position they seek to move into and must meet all state and federal requirements necessary to hold that position. In the event a teacher eliminated through RIF is certified to hold a position other than the one being eliminated, said teacher may bump another teacher in that position, as long as the teacher has seniority over that person and has an average composite ranking score that is greater than the other teacher. If the composite rating of the teachers in the affected positions is the same subjects and/or grade levelsthen the following, in this order, shall control bumping: 1. If it becomes necessary to lay off tenured teachers, they shall be laid off Seniority in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed district established from the last first reporting date of employment and furnished to the Association. If there is a tiework, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during with continuous service from that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codedate. C. Teachers 2. Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on layoff shall be placed standard certificate, minor endorsement on a priority recall list provisional certificate and number of college credit hours in accordance with their seniority. The teachers shall be recalled the area of teaching assignment as vacancies become available in accordance with their evidenced by position on the list and their certification for said vacanciesteacher salary schedule.) D. When vacancies become available, 4. A lot drawing by the teacher will be notified District in the presence of an authorized representative of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsAssociation. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

Samples: Procedural Agreement, Procedural Agreement, Procedural Agreement

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as Considerations for implementing a result of budgetary actions or curriculum and/or administrative organization, every effort RIF will be made discussed with WNEA leadership prior to transfer affected teachers to other similar positions within the school system where vacancies exist and for implementation. Once it has been determined which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will to be laid off reduced or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieeliminated, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers identity of the teacher to be placed on an unpaid involuntary leave of absence shall retain accrued will be decided. In identifying teachers, the following rules will be applied: a. Probationary teachers will be the first teachers to be placed on leave within each area of specialization to be reduced. Probationary teachers will be selected on the basis of performance-based evaluations, certifications, and seniority. Teachers on military leaveSeniority will not be controlling unless certifications and performance-based evaluations are equal. In comparing the performance-based evaluations of probationary teachers, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall teacher’s three most recent summative evaluations will be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codeconsidered. C. Teachers b. If no probationary teachers, or an insufficient number of probationary teachers are employed in the area to be reduced, permanent teachers will be considered for placement on layoff shall involuntary leave. Permanent teachers will be selected on the basis of performance-based evaluations and seniority. However, seniority will not be controlling unless performance-based evaluations are equal. In comparing the performance-based evaluations of permanent teachers, each teacher’s three most recent summative evaluations will be considered. c. In no case will a permanent teacher be placed on a priority recall list leave of absence while probationary teachers are retained in accordance positions for which the permanent teacher is qualified WNEA teacher negotiations with their senioritythe Wentzville School District began on January 26, 2021 and final discussions were concluded on February 2, 2021. Xxxxx Xxxxxxxxxxx, Chair, Frontier Middle School Xxxx Xxxxx, MNEA UniServ Xx. Xxxxx Xxxxxxxxxx Xx. Xxxx Xxxxxxxxx Xx. Xxxxx Xxxx Xx. Xxxx Xxxxxxx Xxxx Xxxxxx, XXX Director Interest Interest Action T1-Temporary Leave 15-minute increments WNEA Interest: Has the ½ day/full day been effective? Article II, Section F Revert language back to 15 minute increments. COVID-19 has interfered with the collecting of data to prove or disprove whether teacher attendance would improve with larger increments required. T2 -6th Grade Movement WNEA Interest: How will 6th grade teachers be moved when the new middle school opens? Transfer Process for 6th grade certified staff movement back to the Middle School 1. A stand alone process will be established for the movement of 6th grade to the middle schools. 2. The process will consist of two committees: Advisory committee 4 6th grade representatives, 1 from each subject area (Math, SS, ELA, Sci) 2 SPED reps SLP and a SPED teacher 2 Special Areas teachers shall be recalled as vacancies become available in accordance 3/4 Middle School Admin 1/2 Elementary School Admin Teaching and Learning representatives Student Services representatives 1 BOE member Steering Committee 2 WNEA reps Teaching and Learning Representative HR Representative MS Xxxxxxxxxx The Advisory committee will work with their position on the list and their certification Steering committee to create a process for said vacanciesmovement. Committee will convene no later than November 2021, for implementation no later than April 2022. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any The procedures contained in this Article apply only to reduction in force other than through attrition. A reduction in force occurs when the bargaining unit as Board decides to suspend contracts in order to reduce the number of teachers because of decreased enrollment of pupils, suspension of schools, territorial changes affecting the district, teachers returning from leaves of absence, or financial crisis. The Board’s decision not to fill a result vacancy shall not be considered a reduction in force. A. Thirty days before the Board makes the final decision that a RIF will occur, the Board will notify the Association with a list of budgetary actions or curriculum and/or administrative organization, every effort positions to be eliminated and a list of teachers who will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which will also notify the affected teachers are certifiedemployees. The Association has the right to discuss and question the decision. B. If no similar positions are availableThe Board will try to keep the number of people affected by a reduction in force to a minimum by not employing replacements for employees who resign, rehired retireesretire, provisionally certificated teachers and non- tenured teachers in or otherwise vacate a position, unless educational continuity would be affected. The Board may also consider laying off an employee who submits to the subjects and/or grade levels affected Treasurer written notice of his/her willingness to be laid off. Reductions shall be made by suspending contracts based upon the Superintendent’s recommendation. No preference will be laid off or separated from the active employment rolls prior given to tenured any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Only teachers that fall in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they rated category shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codecomparable. C. Teachers on layoff shall The names of teachers whose contracts are suspended in a reduction in force will be placed on a priority recall list in accordance with their seniorityfor up to 24 months from the date the reduction takes effect. The teachers shall For recall purposes, a half-time teacher may be recalled as vacancies become available in accordance with their for a half-time position on the list and their certification for said vacancies. D. When vacancies become availableor full-time position, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The but a full-time teacher may decline the first offer of employment. If the teacher declines the second offer of be recalled to but need not accept a position, reemployment rights shall be forfeited. All teachers shall half-time position to remain on the priority recall list. With the above exceptions, each teacher will remain on the recall list for a maximum until the earlier of three (3) yearsthe following: 1. He/she has been recalled. E. While a layoff continues, no new teachers shall be hired except 2. He/she does not accept recall by responding in those unique circumstances where writing to the Superintendent within seven (a7) there are no teachers on business days of receipt of the priority certified recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyletter. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A. In any reduction in Attrition shall be used to achieve staff reductions that the bargaining unit as Committee has determined are necessary provided that available teachers being laid-off are certified to teach and have prior teaching experience for a result minimum of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions one (1) year within the school system where vacancies exist and for which the affected teachers are certifieda given discipline. B. If no similar positions are available, rehired retirees, provisionally certificated teachers The Superintendent will not lay off any teacher with professional status pursuant to a reduction in force if there is a teacher without such status and non- tenured teachers the teacher with professional teacher status is certified in the subjects and/or grade levels affected will area of layoff, or if there is a less qualified teacher with professional teacher status holding the same position or same certification as the PTS teacher. C. In the event a reduction-in-staff affects only teachers with professional teacher status, the order of lay off shall be laid off or separated from the active employment rolls prior to tenured teachers determined in the same subjects and/or grade levelsfollowing order: C-1. Certification (for purposes of this Article, certifications shall follow Massachusetts Department of Education categories). C-2. Teachers’ qualifications, which shall mean job performance as demonstrated by the teachers past summative overall evaluation ratings as compared to other teachers’ past summative overall evaluation ratings in the area of certification targeted to be reduced. The number of summative evaluations compared will include all those evaluations written for teachers during the time equal to the most recently hired professional status teacher in the area of certification. If it becomes necessary to lay off tenured teachersthe overall summative rating as described is the same for each teacher, they then the best interest of the students shall be determined by the ratings in Standards III and IV. No teacher with greater seniority, as defined in C-2 shall be laid off without an opportunity for remediation of a Needs Improvement rating on either Standard III or IV. In the event a teacher receives a Needs Improvement rating on either Standard III or IV, a remediation plan shall be established which shall be eight (8) months in duration, shall begin in September and shall conclude no later than April 30th. The remediation plan shall be established by the evaluator; with input from the educator. An educator shall be eligible for a remediation plan one time during his/her teaching career in Millis for either Standard III or Standard IV. For purposes of every provision of C-2, no distinction shall be made between the ratings of Exemplary and Proficient in any area. C-3. The total length of service in the inverse order of their seniorityMillis Public Schools. An appropriate seniority list will be made available for inspection when a tenured Any teacher has been laid off who voluntarily resigns his/her teaching position and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there who is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force subsequently rehired shall not be subject credited on the seniority list with years of service in the Millis Public Schools prior to any dismissal procedure required elsewhere in this Agreementsaid resignation unless he/she returns within 2 years of the date of resignation. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any The employment contracts of teachers shall be suspended pursuant to Ohio Revised Code 3319.17 when the Board determines that a reduction in instructional staff is needed due to financial reasons, declining enrollment, or other reasons set forth in such statute. No reduction shall occur after July 1 for the ensuing school year for whom no reduction shall occur within the last 14 calendar days of a quarter for the succeeding quarter or declining enrollment. 1. The Superintendent will provide written notice of intention to RIF by April 30 to any bargaining unit as member known at that time to be affected. Copy of said written notice shall also be provided to the Association President. Board action will occur at the June Board meeting for a result RIF to take effect the following school year. 2. Each teacher’s name shall appear in order of budgetary actions or curriculum and/or administrative organizationseniority on a list for his/her area (s) of licensure/certification. Within the teaching field (area of licensure/certification) affected. Teachers with continuing contracts shall receive a preference over teachers on limited contracts. As required by Ohio Revised Code 3319.17, every effort the Board will not give preference to any teacher based on seniority except when deciding between teachers who have comparable evaluations. “Comparable” for purposes of this Article shall mean teachers/school counselors assigned the same ranking from among the four ranking categories under law averaged over the most recent three (3) year period. 3. When bargaining unit vacancies occur, teachers on the recall list who are licensed/certificated for such vacancies will be made recalled to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers service in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their layoffs, subject to the requirement in Ohio Revised Code 3319.17 that seniority cannot be the basis for recall except when deciding between teachers who have comparable evaluations. A recalled teacher shall be restored to the same seniority, salary, and fringe benefits as he/she would have received if the layoff had not taken place, provided, however, that such teacher shall not be granted service credit for salary purposes, for the time such teacher’s contract was suspended. An appropriate seniority No new teachers may be hired by the Board for any position as long as there is an eligible teacher licensed/certificated for the position on the recall list, as provided in number 7 of this Article. 4. A bargaining unit member on the Reduction in Force list will be made available responsible for inspection when notifying the Superintendent and Treasurer of a tenured teacher has been laid off change in address; and disputes a seniority ranking. The seniority list will be developed additions, deletions, and/or changes in areas of certification/licensure; and any desire to have their names removed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that timerecall list. 5. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position bargaining unit member on the Reduction in Force list and their certification for said vacancies. D. When vacancies become available, the teacher will shall be notified of the vacancy Board's intention to re-employ. The notice shall be sent by phone and email sent certified mail to the bargaining unit member's last known address. The teacher so notified A copy of the letter of recall shall be sent to the Association President. 6. A bargaining unit member on the Reduction in Force list shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave Superintendent and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet Treasurer within ten (10) days of the receipt date of the certified mail of his/her acceptance of the position for which the purpose of renegotiating only bargaining unit member was recalled. Failure to accept recall or to report to work after recall eliminates all recall rights. 7. Bargaining unit members shall remain on the provision(s) held to be contrary.Reduction in Force list for a three

Appears in 2 contracts

Samples: Recognition Agreement, Recognition Agreement

REDUCTION IN FORCE. A. In any When it is determined to reduce the number of professional teaching staff, the following procedure will be utilized: 1. As soon as a reduction in force is being considered by the bargaining unit as a result School Board, the President of budgetary actions or curriculum and/or administrative organizationthe Association shall be notified in writing, every effort will be made to transfer affected teachers to other similar positions within specifying the school system where vacancies exist and for which nature of the affected teachers are certifiedproposed reduction. B. 2. Reductions will first be accomplished by attrition: resignations, retirements, etc. 3. If no similar positions more reductions in force are availablenecessary, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will then part-time staff shall be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsoff. 4. If it becomes necessary to lay off tenured teachersfurther reductions are necessary, they then teachers shall be laid off in based on the inverse order following classifications: a. Grades K-5; b. Grades 6-8; c. Grades 9-12 (Business, English, Foreign Language, Home E conomics, Industrial Arts, Math, Science, Social Studies); d. Specialists, Grades K-12 by the following subject areas: Art, Music, P.E., Library/Media, Guidance, Nurses and Enrichment/Technology; and e. Special Education (by areas of their seniorityCertification). 5. An appropriate seniority list Within these classifications, probationary teachers shall be laid off first. If further reductions are necessary, then teachers on continuing contract will be made available laid off. A continuing contract teacher is one who qualifies for inspection when notice, reasons, and a tenured teacher has been laid off and disputes a seniority rankingSchool Board hearing under the provisions of RSA 189:14a. The seniority list Among continuing contract teachers, the following criteria will be developed from utilized: Seniority, Certification, Academic and Professional Preparation, and Job Performance. Seniority is defined as the last date total years of employment and furnished uninterrupted service to the AssociationPelham School District within a bargaining unit position. If there is a tie, the affected teachers will have seniority calculated as defined Approved leave or transfers to non-bargaining unit positions shall not result in Article I, Section B.7. Teachers on an unpaid leave loss of absence shall retain previously accrued seniority. However, resignation shall terminate all previously accrued seniority. 6. If a teacher on continuing contract is determined to be laid off due to a reduction in force in his classification, said teacher will be considered for positions held by probationary teachers. B. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request recalled in reverse order of FCTAlayoff for any open position within the classification in which the layoff occurred. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The Only continuing contract teachers shall be recalled eligible for recall rights. The same conditions as vacancies become available in accordance with their position on the list and their certification for said vacanciesA.4 shall apply to recall. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address1. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new Laid off teachers shall be eligible for recall for a two-year period following their final date of employment. 2. Teachers shall be responsible for notifying the Superintendent in writing of their current address. Recall notices shall be mailed certified, return receipt request. 3. Teachers shall have twenty (20) business days to respond to any recall notice. Failure to accept recall to a permanent full-time position shall terminate the teacher's rights under this Article. 4. No new employees shall be hired except in those unique circumstances where (a) for any vacancy within a classification while there are no teachers on the priority recall list qualified laid off personnel from those classifications available to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancythose positions. F. Any layoff due to reduction in force 5. Recalled teachers shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously retain previous seniority and other accrued contract benefits, such as accumulated sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay reduce the number of teachers covered by this Agreement, the Committee shall attempt to accomplish said reduction by attrition. B. When the School Committee determines that full or partial staff reductions are necessary, it shall determine the order in which teachers are laid off tenured teachers, they in accordance with the following procedures: 1. No teacher with professional status shall be laid off if there is a teacher without such status for whose position the covered employee is currently certified. 2. Among teachers with professional status, the Committee shall lay off teachers within disciplines based on a teacher’s job performance and the best interests of the students. a) A teacher’s job performance shall be determined by his/her overall summative performance evaluation ratings, including all summative evaluation ratings written for the time period equal to the tenure of the most recently hired professional status teacher in the inverse order targeted discipline. Ratings of their seniority. An appropriate seniority list will Proficient and Exemplary shall be made available for inspection when a tenured teacher considered equal. b) The best interests of the students shall be considered equal unless written discipline has been laid off and disputes issued to a seniority ranking. The seniority list will be developed from teacher for conduct that jeopardized the last date safety or self-esteem of employment and furnished to students in the Associationcourse of his/her professional duties. If there is a tietie using the above criteria, the affected teachers will tie shall be broken by seniority, with the least senior teacher in the discipline targeted laid off first. C. A teacher with professional status who is notified of a total or partial reduction shall have seniority calculated as defined the opportunity to receive an involuntary "RIF leave of absence" in Article I, Section B.7lieu of dismissal. Teachers on an unpaid Such leave of absence shall retain accrued be for a twenty-four month duration. In order for a teacher to elect the involuntary "RIF leave of absence" the teacher must, within fourteen (14) days of written notification from the Superintendent of Schools of intent to recommend reduction, execute on a form provided by the Superintendent, a waiver of any present or future rights under Chapter 71, Section 42, of the Massachusetts General Laws. Should the teacher be recalled, the waiver shall become null and void. D. Seniority (length of service) shall indicate the years, months and days in the Bargaining Unit provided that the seniority of present teachers as of the effective date of this Agreement shall consist of their length of service as defined above from their initial date of employment (not hiring) by the Committee. For purposes of computing seniority. Teachers , time spent on the following types of leaves shall be included: paid sabbatical leave, a paid leave of absence granted by the School Committee for any other reason, military leave, Association or any leave for which increment credit is granted, leave granted to serve in the Peace Corps, as an exchange teacher or other service judged comparable by the Superintendent, and on layoff absence due to personal injury for which seniority credit is granted pursuant to this Agreement. Seniority of part-time teachers shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year not be prorated but rather shall be compiled and available upon request treated as if they had always been employed on a full-time basis. In cases of FCTA. The list will indicate name, identical initial date of first employment, date of current employment and department and location code. C. Teachers on layoff seniority shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on determined by the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified drawing of the vacancy lots by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearssuch employees. E. While a layoff continues, no new teachers A list specifying the seniority of each member of the Bargaining Unit shall be hired except in those unique circumstances where prepared by the Superintendent and forwarded to the President of the Association as soon as reasonably possible following the execution of the Agreement, and annually thereafter on September 1. If no challenge to the list is made by the Association within thirty (a30) there are no teachers on days of receipt of the priority recall list, the list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancystands as written. F. Any layoff due Teachers with professional status on an involuntary "RIF leave of absence" shall be given preference for filling the full or part-time positions from the discipline from which they were laid off. In addition, teachers with professional status on an involuntary “RIF leave of absence” shall be considered for recall to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board other full or part-time positions which the Superintendent and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this ArticleSchool Committee deem them suitable. If such rulings or regulations cause any provisions to be in conflictIn filling vacancies from among those teachers on recall, the parties criteria used shall meet within ten (10) days be the same as the criteria used for the purpose of renegotiating only layoff in Paragraph B of this Article. In the provision(scase of a partial reduction, which is later restored to full time, a vacancy shall exist and shall be filled in accordance with the criteria in Paragraph B. G. It shall be the responsibility of the teachers on an involuntary "RIF leave of absence" to keep the Superintendent’s Office informed of their current address. Failure to accept a full-time position in writing within fourteen (14) held days of a written offer shall be deemed a rejection and the "RIF leave of absence" shall expire. H. In the event that two or more positions become simultaneously available so that the teacher awaiting recall on the list may be assigned more than one position, the Committee will make a good faith effort to assign the eligible teacher to the available position most comparable to that position from which the eligible teacher was laid off. The eligible teacher will be consulted with respect to his/her opinion of which available position is the most comparable position prior to his/her assignment. I. Teachers on an involuntary "RIF leave of absence" will be given first consideration on the substitute list if they inform the Superintendent in writing of their intention to be contraryso employed.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction Recall 1. Reduction in Force shall be based upon the bargaining unit as a result staffing categories by assignment, with the final determination of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within be reduced per the school system where vacancies exist and for which the affected teachers are certified.implementation requirements as established Article IV, Section M. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking2. The seniority list District will be developed from the last date of employment and furnished to the Associationmake phone contact with all teachers being recalled. If there is a tieno successful phone contact, the District will give written notice of recall by sending certified letters to the affected teachers will have seniority calculated as defined at their last-known addresses. It is the responsibility of such teachers to notify the Human Resources department of any change in Article I, Section B.7address. Teachers on an unpaid leave Any teacher so notified must respond within fourteen (14) calendar days of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list receipt of all certificated personnel employed as the notice concerning their acceptance or rejection of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codethe offered positions. C. Teachers on layoff shall 3. No new teaching appointments will be placed on a priority recall list made by the District while there are reduction in accordance with their seniority. The force teachers shall be recalled as vacancies become available in accordance with their position on who are certified, highly qualified and willing to fill the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited4. All benefits to which teachers shall remain on are entitled at the priority recall list for a maximum time of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff termination due to reduction in force shall not will be subject restored to any dismissal procedure required elsewhere in this Agreementthose teachers upon their return to active employment with the District, and such teachers will be placed on the appropriate step of the salary schedule based upon their previous contract step. G. 5. Teachers recalled under these provisions shall who were notified of the District's intent not to reemploy them due to reduction in force will be moved to the unassigned list as positions for which they are certified become available, provided no other teachers on the unassigned list have restored the appropriate certification. An Assignment Preference Sheet will be forwarded to them all previously accrued sick leave and personal leaveat the time of notification. H. The Board 6. Reduction in Force (RIF) will be done District-wide by Human Resources based on the staffing criteria worksheet, across categories and certification, no later than April 11. Teachers identified as RIF may not participate in the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, rest of the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrarystaffing process until they are recalled.

Appears in 2 contracts

Samples: Teacher Employment Agreement, Teacher Employment Agreement

REDUCTION IN FORCE. A. In any 9.01 A reduction in force shall be defined as a reduction in the bargaining unit number of district-wide budgeted positions in one or more teaching areas (i.e. Math, Guidance, Early Childhood, Elementary Education, Specific Learning Disabilities, Physical Education, Art) which would result in one or more EMPLOYEES being terminated involuntarily. 9.02 In the event that the SUPERINTENDENT determines that a reduction in work force (RIF) is necessary, written notice shall be given to the ASSOCIATION of the positions by teaching areas and the names and school assignments of those individuals to be released. Unless emergency conditions exist, such notice shall be provided not less than five (5) days prior to the BOARD taking action on the recommendation of the SUPERINTENDENT. 9.03 If a reduction in force is needed, the Superintendent will retain EMPLOYEES at a school or in the school district based upon educational program needs and the performance evaluations of EMPLOYEES. In this subsection, “performance evaluation score” refers to the average of the three most recent consecutive final evaluation scores (or fewer if three consecutive evaluation are not available) received in the Xxxxxxx Teacher Assessment Model (CTEM). Within the program areas requiring reduction, EMPLOYEES with no recorded CTEM performance evaluation would be the first to be released. If reductions are still necessary, the EMPLOYEE with the lowest average evaluation score will be the next to be released; the EMPLOYEE with the next lowest average evaluation score will be the next to be released; and the reductions shall continue in a like manner until the needed number of reductions has occurred. 9.04 Recall: The following procedures shall be followed: a. The BOARD and the SUPERINTENDENT shall determine the teaching areas in which recall will be made and the number of EMPLOYEES to be recalled. b. Recall will be implemented using the criteria for reduction in force except in reverse order. Recall notice shall be made by certified letter to the EMPLOYEE's last known address. c. No new EMPLOYEES shall be hired in a released EMPLOYEE's teaching area until all certified and fully qualified released EMPLOYEES of that teaching area with a performance evaluation of Highly Effective, Effective, or Developing have been recalled or have declined or failed to accept recall within one week of that mailing date. Failure to respond to the letter of recall within the time required automatically terminates the EMPLOYEE's rights of recall. d. EMPLOYEES shall lose their seniority as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.their: B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels1. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Termination

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any If the Board of Education determines that a reduction in teaching staff is required to meet the bargaining unit as educational goals and needs of the district, the following procedures shall be used. To determine the number of teaching positions to be reduced, the administrative staff will determine the educational program for the district in accordance with the educational goals established by the Board. 1. The Board shall first accomplish the reduction through normal attrition to the extent possible. 2. Should further reduction be necessary, the Board shall next release probationary teachers. 3. Non-probationary staff who are employed on a result less than full-time contract shall be released before those non-probationary staff teaching full-time. 4. Further reduction in non-probationary staff shall be determined by the administrative staff based upon certification(s), qualifications, instructional training and skills, and years of budgetary actions or curriculum and/or administrative organizationexperience. Prior to discharge, every effort will the Board shall attempt to place the employee(s) to be made to transfer affected teachers to RIFFED in other similar teaching positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are district if available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher Professional employees will be notified by the Administration that they may be part of a reduction in force through a letter pursuant to state statute. This provision shall not be applied in such a manner as to adversely affect the balance of the vacancy by phone and email sent staff with regard to the last known addressrace, sex, or age. The teacher so notified Recall Procedures 1. Individuals who are discharged shall notify the responsible administrator, be offered recall in writing, in not more than ten (10) days after receipt reverse order of notification of the vacancy as discharge to whether or not the position vacant positions which they are certified to fill. 2. Recall will be accepted. The teacher may decline initiated immediately upon the first offer of employment. If the teacher declines the second offer existence of a position, reemployment rights vacancy in the district. 3. No new hires from other than those who have been RIFFED shall be forfeited. All teachers shall remain on made by the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) Board while there are no teachers on the priority recall list qualified discharged employees available to fill the vacancy vacancies. Recall decisions shall be based on certification(s), qualifications, instructional training and skills, and years of experience. 4. No employee will lose his/her recall rights if he/she secures other employment during the discharge. 5. Any employee discharged shall be accorded recall rights unless specifically waived in writing. 6. These recall rights shall cease after two years from the date of Reduction in Force. 7. The Board shall annually provide the association with a current list of those who have retained these rights. 8. Any recalled employee shall have reinstated all benefits such as salary placement, accumulated sick leave, etc. earned prior to the RIF. In addition, said employee shall be given credit for any teaching, supervision, or (b) all qualified teachers on administrative experience in a similar or like position during the priority recall list decline period of RIF, after evaluation and verification by the Administration, for the purposes of negotiated salary he/she would have received had he/she not been RIFFED. 9. Certified employees who may be eligible for reemployment are required to notify the district of their current address. 10. Refusal of an offer to fill the vacancyreinstate shall result in cessation of all recall rights. F. Any layoff due 11. An individual who feels his/her recall rights have been violated may appeal to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreementthe board of education within the two-year period stated above. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A. In any Reduction in Force 1. Where known and where possible, the number of persons affected by a reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort force will be made kept to transfer affected teachers to other similar positions within the school system where vacancies exist and a minimum by not employing replacements insofar as practicable for which the affected teachers certificated/licensed staff members who retire or resign or whose limited agreements are certifiednot renewed. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels2. If it becomes necessary to lay off tenured teachers, they The Association shall be laid off in notified of the inverse order reason(s) for RIF and the extent of their seniority. An appropriate seniority list will staff reduction at such time a decision is made by the Board and shall be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingfurther notified as to which teacher(s) shall be suspended. 3. The seniority list will teacher to be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher suspended will be notified of the vacancy RIF thirty (30) days prior to the effective date. 4. Reductions shall be accomplished by phone the Board suspending contracts based on the recommendations of the Superintendent following the committee’s recommendations. The recommendation shall give preference to unit members on continuing contracts, then in the following order in accordance to the terms and email conditions of HB 153. a. Licensure/Certification within the affected teaching field. b. Comparable Evaluation (based on three (3) consistent years of evaluation instruments. c. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior continuing contract teacher in the affected teaching field the first to be suspended. d. When affected licensure/certification teaching field(s) contains only limited contract teachers, steps 1-3 above will be followed using the Summative Evaluation or the Evaluation with the highest ratings. 5. Seniority shall be defined as the total number of years in continuous employment in Lake Local Schools, starting with date Board acted to employ the teacher. Continuous employment shall include all time on sick leave, absence, all time on Board approved leave of absence, all time on military leave of absence, all time on disability retirement to a maximum of five (5) years, and all time during suspension if the teacher is reinstated. If two or more individuals have equal seniority as defined herein, the individual to be laid off will be determined by the Superintendent or designee. 6. Seniority shall be system-wide, (rather than building) and shall be determined by placing all certificated/licensed staff members on seniority lists within their areas of certification. A list shall be prepared and kept updated ranking all tenured teachers in the district by seniority, giving areas of certification and present teaching and building assignment; then all non-tenured teachers in the district by seniority, giving areas of certification and present teaching and building assignment. Said seniority list, if requested, shall be made available to the Association President by November 1 of each school year. Seniority shall be lost when a teacher resigns, retires, is non-renewed or terminated. 7. A teacher on a continuing contract who has their position reduced in force may displace the least senior teacher in the area or areas for which they are certified/licensed, but only if permitted based on their evaluation(s) as determined by the Superintendent. 8. Teachers on the RIF list shall be returned to active employment to fill vacancies in reverse order of reduction for any position that becomes available for which they are or have become certificated/licensed before any permanent teacher or substitute is hired. The Board shall recall the teacher to active employment status by giving written notice to the teacher, said written notice being sent to the teacher by registered or certified letter addressed to the teacher’s last known address. The It shall be the responsibility of each teacher so notified shall to notify the responsible administrator, in writing, in not more than ten (10) days after receipt Board of notification any change of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.address

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The A seniority list will be developed from the last date of employment and furnished given to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTAby October 1st. The list should be organized by area(s) of certification/license, most senior to least senior, tenured and non-tenured. 1. Seniority shall be defined as length of continuous service in the Ft. Loramie School District. B. When by reasons set forth in O.R.C. §3319.17 the Board decides that it will indicate namebe necessary to reduce the number of teachers, date of first employment, date of current employment and department and location codeit may make a reasonable reduction. C. Teachers on layoff In making such reduction, the Board shall be placed on a priority recall list proceed to suspend contracts in accordance with the recommendation of the Superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. 1. In determining the position(s) to be reduced, eliminated, or not filled, Ohio law shall apply. D. When two or more teachers have the same length of service, their seniorityseniority shall be determined by the date and time on which their initial teaching contract was received back at the office of the Fort Loramie Board of Education. Seniority shall not be a factor in this section unless two teachers have comparable evaluations. Evaluations shall be considered comparable if the final rating on the OTES Evaluation Policy forms is the same. E. Teachers whose continuing contracts are suspended, shall have the right of restoration to continuing service status in the order of layoff in the district if and when teaching positions become vacant or are created for which any of such teachers are or become certified. Limited contract teachers will be given the right of recall within thirty-six (36) months based upon their school district seniority and certification/licensure. Teachers who wish recall shall keep their current address on file with the Treasurer. F. A teacher/s on RIF status shall have the following rights: 1. The right to continue group insurance coverage by the Board according to COBRA. 2. The right to be notified by certified mail of all postings for bargaining unit positions. 3. Any additional certification/licensure or change in educational status shall be recognized for recall. 4. RIF teachers shall be recalled as vacancies become available in accordance reverse order of layoff seniority in keeping with their position on the list contract status and their certification for said vacanciescertification/licensure. D. When vacancies become available, a. The teacher/s shall be given 15 days to accept such offer from the teacher will date they receive the notice and shall be notified granted a minimum of 15 days from date of receipt of the vacancy by phone and email sent recall notice to report for work. Failure to respond pursuant to this provision results in removal from the last known address. recall list. b. This procedure shall continue until all teacher/s have been recalled, have retired, or have voluntarily resigned. c. The teacher so notified RIF shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall terminate when no teacher/s remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreementstatus. G. Teachers recalled under these provisions shall have restored Thirty (30) days prior to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be implementation of the reduction in conflictforce, the parties Superintendent shall meet within ten (10give notice to the FLEA President of the affected teachers. Said notices shall include the reason(s) days for the purpose of renegotiating only the provision(s) held to be contraryreduction in force.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any the event that the BOARD determines that a reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organizationforce is necessary, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished give written notice to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ASSOCIATION ten (10) days after receipt before implementing such reduction. B. The following procedure shall be followed in a reduction of notification force: 1. The Superintendent shall recommend to the Board the teaching area (Math, P.E., Guidance, Early Childhood, Etc.) in which the reduction shall be made and the number of teachers shall be laid off. 2. When one or more Employees are to be laid off because of substantial change in the size or nature of the vacancy student population, or unavoidable budgetary limitations the Superintendent may request a meeting with the Association president to discuss the cuts to be made. This meeting will involve identifying the program areas requiring reduction. Once the areas to be cut are identified, the district school board shall retain Employees at a school or in the school district based upon education program needs and the performance program areas requiring reduction as determined by the BOARD. The Employee with the lowest performance evaluations must be the first to be released: the Employee with the next lowest performance evaluations must be the second to be released: and the reductions shall continue in like manner until the needed number of reductions has occurred. In the event that a tie occurs using the evaluation ranking in any program area being cut, contract status, seniority, certification, and educational attainment may be used to break the tie. A district school board may not prioritize retention of Employees based upon seniority. Section 1012.33 (5), Florida Statutes. C. The following procedures shall be followed in the event the BOARD determines that a recall will be made: 1. The Superintendent shall recommend to the BOARD that teaching areas in which the recall will be made and the number of teachers to be recalled. 2. Recall will be made using the same criteria as that for reduction in force except in reverse order. 3. No new employees shall be hired in a laid off teacher’s teaching area until all laid off teachers of that teaching area have been recalled or have declined to accept recall. 4. Laid off teachers shall be notified of a recall by certified letter to the teacher’s last known address. Teachers notified of recall shall have fifteen (15) days from the mailing of the recall letter to accept the recall. Failure to respond to the letter of recall within the time required, automatically terminates the teacher’s right of recall. 5. The recall period shall not extend beyond one (1) calendar year. D. Any teacher who would have qualified for retirement during the reduction year shall be permitted to work that year so as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsacquire needed service. E. While a layoff continuesAny teacher laid off under provisions of this section may; 1. By paying the full amount of the premium, no new teachers shall be hired except continue to participate in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyDistrict’s Employee Insurance Program. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement2. Accept other employment. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave3. Be terminated by the BOARD only for just cause during the lay off period. H. The Board and 4. Continue to earn seniority during the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions lay off period, up to be the maximum recall time as specified in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contraryC.5 above.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In When the Board decides that it will be necessary to reduce the number of teachers it employs, it may make a reasonable reduction for any reduction of the following reasons, in accordance with Ohio Revised Code Section 3319.17: a. return to duty of regular teacher after leaves of absence b. suspension of schools c. territorial changes affecting the district d. decreased enrollment of pupils in the bargaining unit district e. financial reasons In making any such reduction, the Board shall first perform the reduction through attrition. If attrition is not sufficient to accomplish the reduction, the Superintendent shall, within each teaching field affected, give preference first to teachers on continuing contracts and then to teachers on limited contracts in order of seniority where evaluations are comparable. If the reduction is for financial reasons as stated in e. above, a result of budgetary actions or curriculum and/or administrative organization, every effort committee will be made formed to transfer affected evaluate options for the district to attain fiscal solvency. The committee will be comprised of four (4) representatives of the Board and five (5) representatives of the Association. On a case-by-case basis, in lieu of suspending a contract in whole, the Board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. The teachers whose contracts are suspended by the Board pursuant to this section shall have the right to bump into other similar positions within the school system where vacancies exist and areas of certification for which the affected suspended teachers are presently certified. Said bumping shall be in reverse order of seniority, with priority given to continuing contract teachers before limited contract teachers. Comparable Evaluations a) Teachers within the District shall be deemed to have comparable evaluations in each of the Final Holistic Evaluation Rating categories: Accomplished and Skilled are comparable; Developing is comparable with Developing; and Ineffective is comparable with Ineffective. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to No reduction in force shall not be subject accomplished through the nonrenewal or termination of the contract of any bargaining unit member. The teachers whose contracts are suspended by the Board pursuant to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions section shall have restored the right to them all previously accrued sick leave and personal leave. H. The Board and recall for a period of two (2) years from the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Articleeffective date of reduction in force. If such rulings or regulations cause any provisions to Said recall rights shall be in conflictreverse-order of layoff seniority if and when teaching positions become vacant or are created for which any such teachers are or become qualified. No teacher whose contract has been suspended pursuant to this section shall lose the right to recall by reason of having declined recall to a position that is less than full-time, or to a position requiring a lesser percentage of full-time employment than the parties shall meet within ten (10) days for position the purpose of renegotiating only teacher last held while employed in the provision(s) held to be contrarydistrict.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In any reduction This Reduction in Staff Procedure shall apply only to teachers who are “tenured” under applicable provisions of Kansas Law. 1. Reduction in Personnel – staff certification, length of service in Wabaunsee, and the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort last three evaluations will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and governing criteria for which the affected teachers are certifiedstaff reduction. B. If no similar positions are available2. Recall – ● Prior to layoff, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected Board will be laid off or separated from attempt to place the active employment rolls prior employees to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniorityother teaching positions. An appropriate seniority list will be made available for inspection when a tenured teacher has been ● Individuals who are laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on offered recall in reverse order to layoff shall be placed on a priority recall list to vacant positions for which they are certified to fill in accordance with their senioritythe procedures set forth in this article. The teachers ● Teachers who are laid off shall be eligible for recall for a period of two years following reduction in force. ● Teachers who are laid off are obligated to keep the district notified of their current address, phone number, and whether the teacher wishes to be considered for recall. ● Recall will be initiated upon the existence of a vacancy in the district. Teachers recalled as vacancies become available in accordance with their position on shall have seven days from notification of the list and their certification for said vacancies. D. When vacancies become availablerecall to accept or reject the position. If no notice is given within the seven-day period, the teacher will be notified of shall have waived any right to recall for that job and the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher board may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified proceed to fill the vacancy position. ● No new or (b) all qualified teachers on the priority recall list decline the offer substitute positions shall be filled while there are laid off employees available to fill the vacancy. F. vacancies. ● No teacher will lose his recall rights if s/he secures other employment during the layoff. ● Any layoff due to reduction employee recalled shall be given full salary, related benefits and experience as if continuously employed by the district. ● Any employee laid off shall be accorded recall rights unless specifically waived in force writing. The Board shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under annually provide the WEA with a current list of those who have retained these provisions rights. WEA shall have restored the right to them all previously accrued sick leave and personal leavefile a grievance for a teacher who is not currently employed if it appears that recall rights have been violated if the individual teacher also signs the grievance. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A. In any reduction This Reduction in Staff Procedure shall apply only to teachers who are “tenured” under applicable provisions of Kansas Law. 1. Reduction in Personnel – staff certification, length of service in Wabaunsee, and the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort last three evaluations will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and governing criteria for which the affected teachers are certifiedstaff reduction. B. If no similar positions are available2. Recall – • Prior to layoff, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected Board will be laid off or separated from attempt to place the active employment rolls prior employees to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniorityother teaching positions. An appropriate seniority list will be made available for inspection when a tenured teacher has been • Individuals who are laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on offered recall in reverse order to layoff shall be placed on a priority recall list to vacant positions for which they are certified to fill in accordance with their senioritythe procedures set forth in this article. The teachers • Teachers who are laid off shall be eligible for recall for a period of two years following reduction in force. • Teachers who are laid off are obligated to keep the district notified of their current address, phone number, and whether the teacher wishes to be considered for recall. • Recall will be initiated upon the existence of a vacancy in the district. Teachers recalled as vacancies become available in accordance with their position on shall have seven days from notification of the list and their certification for said vacancies. D. When vacancies become availablerecall to accept or reject the position. If no notice is given within the seven-day period, the teacher will be notified of shall have waived any right to recall for that job and the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher board may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified proceed to fill the vacancy position. • No new or (b) all qualified teachers on the priority recall list decline the offer substitute positions shall be filled while there are laid off employees available to fill the vacancy. F. vacancies. • No teacher will lose his recall rights if s/he secures other employment during the layoff. • Any layoff due to reduction employee recalled shall be given full salary, related benefits and experience as if continuously employed by the district. • Any employee laid off shall be accorded recall rights unless specifically waived in force writing. The Board shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under annually provide the WEA with a current list of those who have retained these provisions rights. WEA shall have restored the right to them all previously accrued sick leave and personal leavefile a grievance for a teacher who is not currently employed if it appears that recall rights have been violated if the individual teacher also signs the grievance. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A. In any reduction in If the bargaining unit as a result Board determines, because of budgetary actions economic necessity, to decrease the number of teachers employed or curriculum and/or administrative organizationto discontinue some particular type of teaching service, every effort the Board will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedfollow Section 24-12 of The Illinois School Code. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated a vacancy occurs within one calendar year from the active employment rolls prior to tenured teachers in beginning of the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieschool term following its reduction-in-force, the affected teachers Board will have seniority calculated as defined tender such vacant position in Article Iaccordance with Section 24-12 of the Illinois School Code. Vacant positions include full-time teaching positions and full year part-time teaching assignments, Section B.7. Teachers on an unpaid leave but do not include substitute positions and positions becoming vacant because of absence shall retain accrued seniority. Teachers on military leaveleaves, Association leave and on layoff shall continue to accrue seniority during that timewhether paid or unpaid. A countywide list of teacher so recalled retains his/her status and all certificated personnel employed as of July 1 of each year accumulated seniority; however, the period such teacher did not teach shall not be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codecounted toward seniority. C. Teachers on layoff shall be placed on a priority A teacher eligible for recall list in accordance must provide the Board with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list an address, e-mail address and their certification for said vacancies. D. When vacancies become available, phone number where the teacher will can be notified reached for the purposes of the vacancy by phone and email sent to the last known addressrecall. The teacher so notified shall must notify the responsible administrator, Board in writing, in not more than ten writing within one (101) days after calendar day of receipt of notification the offer of the vacancy as acceptance of any vacant position offered to whether or not the position will be acceptedteacher during the recall period. The teacher may decline Failure to notify the first Board of acceptance shall constitute rejection of the offer of employment. If the a teacher declines the second rejects an offer of a full-time vacant position, reemployment rights the teacher shall be forfeited. All teachers shall remain on deemed to have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the priority recall list for a maximum of three (3) yearstime period. E. While a layoff continues, no new teachers D. Seniority shall be hired except defined as follows: 1. Years of continuous service as teacher in those unique circumstances where the District; provided, however, that less than full time tenured service shall be computed on a pro rata basis and approved unpaid leaves of absence of ninety (90) consecutive employment days or more shall not be counted in determining seniority. 2. If the years of continuous tenured service are equal between two or more teachers, seniority shall be determined by total years of continuous teaching service with the District; provided, however, that less than full-time service shall be computed on a pro rata basis and approved unpaid leaves of absence of ninety (90) consecutive employment days or more shall not be counted in determining seniority. 3. If total continuous teaching service with the District is equal between two or more teachers, then seniority shall be determined by total teaching service with the school district whether or not continuous (such service shall be computed in the manner described in (a) there are no teachers on the priority recall list qualified to fill the vacancy or and (b) all qualified teachers above). 4. If total continuous teaching service with the District is equal as between two or more teachers, then seniority shall be determined by placement on the priority recall list decline salary schedule, i.e., the offer to fill teacher with the vacancyhigher salary shall be deemed the most senior (or any other factor selected by the Board, such as hours of recognized education credit earned). F. Any layoff due to reduction 5. Legal Qualifications or Legally Qualified shall be defined as all statutory and regulatory prerequisites for teaching a particular subject or grade, including but not limited to, the licensure requirements of Article 21 of The School Code and the academic experience requirements of State Board of Education Documents No. 1 (or its successor or supplementary requirements) in force shall not be subject to any effect at the time of dismissal procedure required elsewhere in this Agreementand/or recall. G. Teachers recalled under these provisions 6. Prior to February 1 of each school term, the Administration shall email a list of the seniority rank of all tenured teachers in the District, along with a copy of Article XV to all certified staff. Further, no less than 75 calendar days prior to the end of the school year, the Administration shall distribute to the WEA President a Sequence of Honorable Dismissal list of all teachers in the District. Each teacher shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.ten

Appears in 2 contracts

Samples: Professional Agreement, Professional Agreement

REDUCTION IN FORCE. A. In any 9.1 When a reduction in the bargaining unit as a result number of budgetary actions teachers employed or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the number of school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured days contracted per teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tiedeemed necessary, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in accordance with the provisions of this AgreementArticle. G. Teachers recalled under these provisions 9.2 The Employer shall attempt to absorb reductions through normal attrition due to retirements and resignations. 9.3 Should an involuntary staff reduction be required, the order of reduction shall be based on subject area, and if applicable, required special certifications, and on the basis of State seniority at each facility within the Agency. State seniority is defined to be the teacher’s adjusted State service date. This adjusted service date is for teachers who left State employment and return to work after a break in service of less than five calendar years. In this situation, teachers shall have restored to them all previously accrued their accumulated unpaid sick leave and personal leavebalance reinstated, unless the teacher previously received a payout of sick leave (retirement eligibility). A teacher whose position has been eliminated shall be given preference, on the basis of State seniority, for any teaching vacancy within the facility which may exist for which the teacher is qualified by certification, endorsement, or where endorsement is not applicable by reasons of college credits in the subject area. H. 9.4 A teacher whose position is being considered for reduction in force shall be notified in writing of such intent on or before the ninetieth (90th) day prior to the close of the individual teacher contract period. 9.5 The Board teacher may request and shall be granted a hearing as provided in Nebraska statutes. 9.6 A teacher whose contract has not been renewed because of reduction in force shall be considered to have been dismissed with honor and shall be provided a letter to that effect. 9.7 Any teacher whose contract has not been renewed because of reduction in force shall have recall rights to employment for a period of twenty-four (24) months. Teachers shall be recalled in reverse order of layoff. The teacher with the most seniority by facility shall be recalled first to fill open positions in that facility, provided the teacher meets the required qualifications. 9.8 Recall offers shall be in writing and delivered by certified mail and the Association recognize that appropriate governmental agencies that teacher shall have jurisdiction may promulgate rulings and/or regulations that may impact this Articlefive (5) workdays after receipt of written notice to accept or reject the recall offer in writing. If such rulings or regulations cause Failure to respond constitutes rejection of the recall offer. The teacher shall be responsible for maintaining his/her current address and phone number with the agency. 9.9 Teachers who are recalled within 24 months shall, upon reinstatement, retain any provisions employment benefits which had accrued to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held said teacher prior to be contrarytheir being laid off.

Appears in 2 contracts

Samples: Labor Contract, Labor Contract

REDUCTION IN FORCE. A. In When the Board of Education decides that it will be necessary to reduce the number of Educational Interpreters it employs, it may make a reasonable reduction for any reduction of the following reasons: a. Return to duty of regular Educational Interpreters after approved leaves of absence; b. Suspension of schools; c. Decreased enrollment of the pupils in the bargaining unit as a result of budgetary actions District or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which DHH Consortium Program; d. Territorial changes affecting the affected teachers are certifiedDistrict; e. Financial reasons. B. If no similar positions are availableIn making any such reduction, rehired retireesthe Board of Education shall proceed to suspend the employment of Educational Interpreters in accordance with the recommendation of the Superintendent of Schools who shall give preference to Educational Interpreters on the basis of seniority. C. For the purposes of this Article, provisionally certificated teachers seniority shall be defined as the number of continuous years of service as an Educational Interpreter employed by the Beachwood City School District. Part-time service will receive proportionate credit when calculating the total number of years of continuous service for the purposes of determining an Educational Interpreter's seniority. D. On a case-by-case basis, in lieu of suspending employment in whole, the Board of Education may suspend employment in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work and non- tenured teachers receives a commensurate percentage of the full compensation the employee otherwise would have received. E. Any reassignment of Educational Interpreters necessitated by a reduction in force under this Article shall be the sole responsibility of the Superintendent. F. Any Educational Interpreter whose employment is suspended by the Board of Education, pursuant to this Article, shall have the right of restoration, for a period of one (1) year, to future employment by the Board in the subjects and/or grade levels affected order of seniority if and when Educational Interpreter positions become vacant or are created for which any of such Educational Interpreters are or become qualified. Any Educational Interpreter on the restoration list will have fifteen (15) calendar days from receipt of the letter of restoration from the Board of Education to accept restoration, or the Educational Interpreter will have waived any right to restoration. G. In the event of identical seniority, the Educational Interpreter with the highest EIPA score will be laid off or separated from considered more/most senior. In the active employment rolls prior to tenured teachers event of a further seniority tie, the Educational Interpreter with National Certification will be considered the more/most senior. Thereafter, the tie breakers shall be the highest number based on the last four (4) digits of the affected Educational Interpreters' social security numbers. H. Approved leaves of absence while employed as an Educational Interpreter in the same subjects and/or grade levels. If it becomes necessary District shall not constitute a break in service for the purpose of calculating seniority provided that the Educational Interpreter returned to lay off tenured teacherswork in the District immediately upon the expiration of the approved leave of absence. I. In order to qualify for a year of service for seniority purposes, they the Educational Interpreter must have worked or been on an approved leave of absence while employed by the Beachwood City School District at least one hundred twenty (120) days during the school year. J. Each school year, the District shall provide to the President of the BEIU a seniority list of all Educational Interpreters in the Beachwood City School District, and each Educational Interpreter shall be laid off listed in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from deemed correct unless an Educational Interpreter rejects it by contacting the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet District's Human Resources Office within ten (10) work days for after it has been posted in each school building of the purpose District. K. The BEIU recognizes the Board of renegotiating only the provision(s) held Education's right to be contraryuse independent contractors and/or agencies as short-term and long-term substitute employees.

Appears in 2 contracts

Samples: Master Contract, Master Contract

REDUCTION IN FORCE. A. In 12.01 The Board shall accomplish any necessary reductions in teaching staff through attrition (i.e. retirement, voluntary resignation, etc.) before any suspension of contracts. Reduction in force for the reason of finances, decreased enrollment, return to teachers from leaves of absence, suspension of schools or territorial change in the district affecting teachers holding continuing contracts or teachers holding limited teacher contracts at the time of the reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organizationforce, every effort will shall be made within affected teaching areas giving preference to transfer the teachers on continuing contracts within teaching field affected and teachers to other similar positions within with greater seniority with comparable evaluations. For purposes of this article, “comparable” is defined as Accomplished, Skilled and Developing. For purposes of reduction in force, a continuing contract becomes effective the first day of the school system where vacancies exist and for year immediately following the school year in which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in continuing contract is approved by the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order Board of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7Education. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff whose contracts are suspended shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum period of three at least two (32) years. E. While a layoff continues, no new teachers full school years and shall have the right to restoration to service status in the order of district wide seniority when teacher positions become available and before the jobs are posted for any other applicants for which they are qualified. Teachers with continuing contracts shall be hired except in those unique circumstances where (a) there are no given preference over limited contract teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancylist. F. 12.02 If the Board of Education is contemplating the layoff of any teachers, it will so notify the Association at least thirty (30) days before the proposed effective date of layoff. Such notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and the reasons for the proposed action. The Association shall contact the Superintendent to schedule a meeting to discuss the proposed reduction. The Administration will make available to the Association, at Board of Education’s expense, all relevant data. Any layoff due teacher who is to reduction be laid off will be so notified in force shall not be subject to any dismissal procedure required elsewhere in this Agreementwriting at least fifteen (15) days before the effective date of the layoff. Such notice will include the proposed time schedule and the reasons for the proposed action. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact 12.03 For purposes of this Article, seniority will be computed from a teacher’s most recent date of continuous hire and will begin to accrue as of his/her first day of actual service in a negotiating unit position. If such rulings or regulations cause any provisions Seniority will continue to accrue during all paid leaves of absence. Seniority shall be determined by the length of continuous service in conflict, a PEA position in the parties Xxxxxxx Local School District. Seniority shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.as follows:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any The employment contracts of teachers shall be suspended pursuant to Ohio Revised Code 3319.17 when the Board determines that a reduction in instructional staff is needed due to financial reasons, declining enrollment, or other reasons set forth in such statute. No reduction shall occur after July 1 for the ensuing school year except for adult technical members, for whom no reduction shall occur within the last 14 calendar days of a quarter for the succeeding quarter, or declining enrollment. 1. The Superintendent will provide written notice of intention to RIF by April 30 to any bargaining unit as member known at that time to be affected. Copy of said written notice shall also be provided to the Association President. Board action will occur at the June Board meeting for a result RIF to take effect the following school year. 2. Each teacher’s name shall appear in order of budgetary actions or curriculum and/or administrative organizationseniority on a list for his/her area (s) of licensure/certification. Within the teaching field (area of licensure/certification) affected. Teachers with continuing contracts shall receive a preference over teachers on limited contracts. As required by Ohio Revised Code 3319.17, every effort the Board will not give preference to any teacher based on seniority except when making a decision between teachers who have comparable evaluations. “Comparable” for purposes of this Article shall mean teachers/school counselor assigned the same ranking from among the four ranking categories under law averaged over the most recent three (3) year period. 3. When bargaining unit vacancies occur, teachers on the recall list who are licensed/certificated for such vacancies will be made recalled to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers service in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their layoffs, subject to the requirement in Ohio Revised Code 3319.17 that seniority cannot be the basis for recall except when making a decision between teachers who have comparable evaluations. A recalled teacher shall be restored to the same seniority, salary and fringe benefits as he/she would have received if the layoff had not taken place, provided, however, that such teacher shall not be granted service credit for salary purposes, for the time such teacher’s contract was suspended. An appropriate seniority No new teachers may be hired by the Board for any position as long as there is an eligible teacher licensed/certificated for the position on the recall list, as provided in number 7 of this Article. 4. A bargaining unit member on the Reduction in Force list will be made available responsible for inspection when notifying the Superintendent and Treasurer of a tenured teacher has been laid off change in address; and disputes a seniority ranking. The seniority list will be developed additions, deletions, and/or changes in areas of certification/licensure; and any desire to have their names removed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that timerecall list. 5. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position bargaining unit member on the Reduction in Force list and their certification for said vacancies. D. When vacancies become available, the teacher will shall be notified of the vacancy Board's intention to re-employ. The notice shall be sent by phone and email sent certified mail to the bargaining unit member's last known address. The teacher so notified A copy of the letter of recall shall be sent to the Association President. 6. A bargaining unit member on the Reduction in Force list shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave Superintendent and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet Treasurer within ten (10) days of the receipt date of the certified mail of his/her acceptance of the position for which the purpose bargaining unit member was recalled. Failure to accept recall or to report to work after recall eliminates all recall rights. 7. Bargaining unit members shall remain on the Reduction in Force list for a three (3) year period from the date of renegotiating only layoff or reduction in staff. Bargaining unit members who accept an offer of employment which is less than the provision(s) held position from which they were laid-off shall maintain their recall rights as provided for in this article. 8. Bargaining unit members employed in career-technical programs who have been reduced in force, may elect to be contrarywaive their recall rights, no later than one year after the agreed upon separation date and apply for a one-time payment in their final pay check as follows: 5 years WCCC service = $10,000, 10 years of WCCC service = $15,000, and 15 years of WCCC service = $20,000. B. The Association and the administration will cooperate in developing guidelines for program evaluation and/or elimination.

Appears in 2 contracts

Samples: Recognition Agreement, Recognition Agreement

REDUCTION IN FORCE. A. In any 1. The Board may institute a reasonable reduction in force by reason of declining enrollment, return to duty of regular teachers after leave of absence, suspensions of school or territorial changes, or financial reasons. 2. When a reduction in force becomes necessary, it shall occur in the following manner: a. Natural attrition through retirement, resignation, non-renewal or leave of absence to the extent possible. b. Non-tenured teachers holding temporary certification will be the first suspended. c. Fully certificated teachers who hold limited contracts will be the next suspended. d. Teachers who hold continuing contracts shall be given preference so that they are the last persons suspended within the certification/license area to be reduced. 3. In making such reductions by suspending contracts, the Board will proceed in accordance with the recommendation of the Superintendent who shall give preference to continuing contracts. 4. Seniority shall be defined as the length of continuous full time service as a bargaining unit member and shall not be interrupted by approved leaves of absence. Should a tie occur in determining seniority, the tie shall be broken by the date of the official Board action with respect to employment; and then by the date the Board’s offer was accepted in writing; and then by the date by which the initial job application was submitted. 5. Reductions shall be made by the Superintendent in those areas of certification/licensure recommended for the reduction as follows: a. Those limited contract teachers with an evaluation rating of “ineffective” shall be suspended first. b. Teachers with a limited contract and an evaluation rating of “developing” and who have an improvement plan shall be suspended next. c. Teachers with a limited contract and an evaluation rating of “developing” without an improvement plan shall be suspended next. d. Teachers with a limited contract and an evaluation rating of “skilled” or “developing” without an improvement plan shall be considered “comparable” for purposes of RIF, such that those teachers with these evaluation ratings and having the least seniority will be the next to be suspended. e. If a teacher has not been evaluated in the most recently completed school year, he/she will not be RIFed. f. Evaluation ratings for purposes of RIF and recall shall only include the principal’s evaluation rating and shall not include the student growth calculations (including value-added data). 6. Once it is determined which teachers are to be suspended, the Board shall establish a RIF list and such list shall be given to the Association. 7. A teacher whose name appears on the reduction in force list shall be offered re- employment when a position becomes available for which he/she is certificated. However, a teacher suspended with an evaluation rating of “ineffective” shall not be placed on the RIF list and shall not be recalled. Teachers on the RIF list shall be recalled in reverse order of layoff. No new teachers shall be employed by the Board while there are teachers on the RIF list who are properly certificated for any such opening. Teachers shall remain on the RIF list for a period of twenty-four (24) months. 8. Teachers being recalled shall be notified by certified mail to the teacher’s last known address and shall have twenty (20) calendar days from the date of receipt to respond affirmatively. It shall be the teacher’s responsibility to make appropriate arrangements for forwarding a receipt of mail if he/she will be away from his/her address for more than five (5) calendar days. 9. Any bargaining unit member whose contract is to be suspended as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not have the right to displace any less senior member of the bargaining unit whose work he/she is certified to perform, provided that his/her principal’s evaluation rating is comparable or higher than the less senior teacher’s principal’s evaluation rating. Written notice of the intent to exercise this right shall be subject given to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board the Superintendent and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days of the notification of “lay-off”. A member who is displaced according to this section is entitled to the same displacement rights vis-à-vis any less senior member provided that his/her principal’s evaluation rating is comparable or higher than the less senior teacher’s principal evaluation rating. 10. Any teacher having certification in more than one area who exercises the right of displacement as authorized in #9 above, shall be reassigned at the discretion of the Superintendent so long as such reassignment is in an area for the purpose of renegotiating only the provision(s) held to be contrarywhich such teacher has a valid certificate.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. In Reduction in Force shall be defined as the cancellation of an employment contract and/or reduction in contract hours due to insufficient enrollment, or for other reasons as determined through analysis. Such reductions shall be done in compliance with state statutes in a manner that will maintain the best educational program for the district. B. Normal attrition shall precede any reduction in force of Traditional Contract and Contract Teachers. C. Prior to layoff, an affected teacher may have the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made opportunity to transfer affected teachers to other similar positions apply for any vacancy within the school system where vacancies exist and Xxxxx Xxxxxxxx Technical College for which he or she is qualified. Teachers may be required to demonstrate proficiency of current industry skills. In the affected teachers are certified. B. If no similar positions are availableevent that a course is scheduled to be canceled and a new course is to be offered for the coming year, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels teacher affected will be laid off or separated from the active employment rolls given an opportunity to retain a position if he/she, prior to tenured teachers in the same subjects and/or grade levels. If it becomes course start, receives the training and credential(s) necessary to lay off tenured teachers, they shall be laid off in able to teach the inverse order of their senioritynew course(s). An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished Affected teachers may apply to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification Vocational Teachers' Council for said vacanciesfunds for this training. D. When vacancies become available, the Required teacher reductions will be notified of the vacancy by phone based on seniority, assuming that employee appraisal/job performance, teaching endorsements and/or certification(s), and email sent current industry skills are relatively equal. Teachers may be required to demonstrate that their current industry skills are appropriate to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearscourse offering. E. While a layoff continuesAn existing contracted employee who has satisfactory progress evaluations may not be bumped by another displaced contracted employee. F. Whenever possible, no new Reductions in Force will be limited to the end of the semester or school year. Affected teachers shall receive thirty (30) calendar days written notice. G. New full-time teachers shall not be hired except in employed by the school so long as there remain teachers who have been reduced, unless those unique circumstances where (a) there teachers have not responded to recall efforts or do not have the proper qualifications and are no teachers on the priority recall list qualified unable to demonstrate proficiency of current industry skills, if required, to fill the vacancy or vacancies. Such priority consideration will be for a period of one (bI) all qualified teachers on year following the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leavereduction. H. The Board and school will send a verifiable communication notifying the Association recognize that appropriate governmental agencies that teacher of the existing vacancy or vacancies to the teacher's last-known permanent address or email address. It shall be the teacher's responsibility to notify the school of any change in the permanent address or email address. I. Teachers must accept an assignment within fifteen (15) calendar days, if offered. The liability of the school to recall employees whose employment contracts have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties been canceled shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contraryterminate if employees do not accept re-employment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any 9.01 A reduction in force shall be defined as a reduction in the bargaining unit number of district-wide budgeted positions in one or more teaching areas (i.e. Math, Guidance, Early Childhood, Elementary Education, Specific Learning Disabilities, Physical Education, Art) which would result in one or more EMPLOYEES being terminated involuntarily. 9.02 In the event that the SUPERINTENDENT determines that a reduction in work force (RIF) is necessary, written notice shall be given to the ASSOCIATION of the positions by teaching areas and the names and school assignments of those individuals to be released. Unless emergency conditions exist, such notice shall be provided not less than five (5) days prior to the BOARD taking action on the recommendation of the SUPERINTENDENT. 9.03 If a reduction in force is needed, the Superintendent will retain EMPLOYEES at a school or in the school district based upon educational program needs and the performance evaluations of EMPLOYEES. In this subsection, ―performance evaluation score‖ refers to the average of the three most recent consecutive final evaluation scores (or fewer if three consecutive evaluation are not available) received in the Xxxxxxx Teacher Assessment Model (CTEM). Within the program areas requiring reduction, EMPLOYEES with no recorded CTEM performance evaluation would be the first to be released. If reductions are still necessary, the EMPLOYEE with the lowest average evaluation score will be the next to be released; the EMPLOYEE with the next lowest average evaluation score will be the next to be released; and the reductions shall continue in a like manner until the needed number of reductions has occurred. 9.04 Recall: The following procedures shall be followed: a. The BOARD and the SUPERINTENDENT shall determine the teaching areas in which recall will be made and the number of EMPLOYEES to be recalled. b. Recall will be implemented using the criteria for reduction in force except in reverse order. Recall notice shall be made by certified letter to the EMPLOYEE's last known address. c. No new EMPLOYEES shall be hired in a released EMPLOYEE's teaching area until all certified and fully qualified released EMPLOYEES of that teaching area with a performance evaluation of Highly Effective, Effective, or Developing have been recalled or have declined or failed to accept recall within one week of that mailing date. Failure to respond to the letter of recall within the time required automatically terminates the EMPLOYEE's rights of recall. d. EMPLOYEES shall lose their seniority as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.their: B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels1. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Termination

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in When by reason of decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, financial need, or by reason of suspension of schools or territorial changes affecting the bargaining unit as a result district, the Board of budgetary actions or curriculum and/or administrative organization, every effort Education decides that it will be made necessary to transfer affected reduce the number of teachers; it may make a reasonable reduction. In making such reduction, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to other similar any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Teachers whose continuing contracts are suspended, shall have the right of restoration to continuing service status when teaching positions within the school system where vacancies exist and become vacant or are created for which the affected any of such teachers are certifiedor become qualified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- 1. A restoration list of tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in kept for two (2) years by a designee of the inverse order Rossford Board of their seniorityEducation. An appropriate seniority list will Teachers must furnish and keep current a mailing address where they may be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7reached. Teachers on continuing contracts who are suspended shall be restored to service status when vacancies occur for which they are certified. Seniority shall not be the basis for rehiring a teacher, except when making a decision between teachers who have comparable evaluations. Seniority means total number of years of continuous employment in the Rossford Schools including service on approved leaves of absence. 2. The beginning date for accumulation of seniority shall be the date shown in the minutes of the Board of Education that the teacher was employed. If two or more are employed on the same date, the seniority shall be determined by date of application, then by letter of intent, and finally, by lot with representation by both sides. 3. The teacher must respond to the offer within seven (7) days of receiving an unpaid leave offer of absence restoration. 4. Failure to respond or to accept an offered position may result in removal of the teacher's name from the list and no further right to restoration shall retain accrued seniorityexist. 5. A return receipt of Certified Mail shall be conclusive evidence that an offer has been tendered. This statement does not prevent offers or notifications from being made in other ways. 6. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year limited contracts shall be compiled suspended and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent restored according to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days foregoing plan after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancycontinuing contracts are considered. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. 14.1 By every September 30th, the District shall prepare a Seniority List. Seniority is defined as length of unbroken service within the Bargaining Unit and shall be computed from the teacher's date of hire with the Fall Mountain Regional School District. All teachers shall be ranked on the list in order of their date of hire as above defined. In any the circumstance of more than one (1) individual having the same date of hire, all individuals so affected will participate in a drawing to determine placement on the Seniority List. Said drawing shall take place during a necessary reduction in force where a tie needs to be broken. 14.2 The Seniority List shall be prepared by the District and verified by the Association. Said list shall be posted in all buildings of the District by October 15th of each school year. Revisions and updates of the Seniority List shall be published and posted as they are made. A copy of the Seniority List and subsequent revisions shall be forwarded to the Association. 14.3 All seniority excepting as provided below is lost when employment is severed by resignation, retirement, discharge for cause, or transfer to a non-bargaining unit position; however, seniority is retained if severance of employment is due to layoff (RIF). In cases of layoff, teachers so affected shall retain all seniority accumulated as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist effective date of layoff. A. Administrators and Department Heads shall have their seniority grandfathered for which their actual teaching time in the affected teachers are certifiedFall Mountain Regional School District. B. If no similar positions are availableDepartment Heads performing actual teaching duties shall continue to accrue seniority. C. Teachers transferring to a non-bargaining unit position shall have a one (1) year grace period during which their seniority shall be retained, rehired retireesand they may opt to return to the bargaining unit. 14.4 Seniority shall not accrue while a teacher is on leave of absence. Seniority shall accrue while utilizing sick leave and in all situations where mandated by state or federal law. 14.5 It is hereby recognized that it is within the discretion of the Board to reduce its educational program curriculum, provisionally certificated teachers and non- tenured teachers staff, and that the procedures set forth in this Article shall be used in laying off personnel. 14.6 Layoff shall be defined as, but not limited to, a necessary reduction in work force beyond normal attrition due to decreased student enrollment or shortage of revenues. 14.7 In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event it becomes necessary to lay off tenured teachersreduce the number of bargaining unit members through layoff for reasons as provided, they the following procedure shall be followed: A. Beginning with the last name on the seniority list and in ascending order thereafter, the District shall identify the least senior teachers equal in number to the number of teaching positions being eliminated. B. Probationary teachers shall be laid off first as follows: 1. In all cases, teachers shall be laid off and retained on the basis of their seniority, provided their certification and qualifications are relatively equal. Qualifications shall include: a. The teacher must have taught within their area of certification within the last five (5) years. b. Evaluations c. Recertification requirements d. Degree; Major, Minor hours e. Extra-curriculars 2. In the event the Board elects to lay off a more senior bargaining unit member, a measurable differential in qualifications between bargaining unit members must be established. C. If the reduction of teachers is still necessary, then teachers on continuing contracts shall be laid off as outlined above. D. Seniority shall be prorated according to time worked. E. A teacher who meets the above criteria shall have the right to be placed in a position for which he is certified and qualified to fill and which is occupied by a teacher with less seniority. 14.8 Recalls shall be in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.layoffs: C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The A. Probationary teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification have recall rights for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten two (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (32) years. E. While a layoff continues, no new B. Tenure teachers shall be hired except in those unique circumstances where have recall rights for five (a5) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyyears. F. Any layoff due 14.9 Refusal of an offer from the District of a position for which the laid off bargaining unit member is certified/licensed, failure to reduction in force shall not be subject respond within five (5) days of receipt of written notification, or once having accepted the position via collect telephone call and written confirmation; failure to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored return to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet work within ten (10) working days shall be cause for termination. 14.10 Teachers under contract obligation to another school district may be bypassed without loss of seniority. Such action shall not in any way affect the purpose bargaining unit member's rights as guaranteed under this Agreement. 14.11 Notifications of renegotiating only all recalls shall be in writing with a copy to the provision(s) held Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be contrarythe teacher's responsibility to notify the District of any change of address. 14.12 Recalled teachers shall be entitled to all accrued sick leave benefits as provided herein.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. SECTION 1 In any the case of reduction in teaching staff, a teacher with professional teacher status shall not be dismissed if there is a teacher without professional teacher status employed whose position the bargaining unit teacher with professional teacher status is qualified to fill. a) Inasmuch as a result of budgetary actions or curriculum and/or administrative organizationpossible, every effort normal attrition will be made used whereby teachers who retire or resign will not be replaced if there are fully qualified teachers available who are capable to transfer affected teachers fill the position and who would otherwise be subject to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedlayoff. B. If no similar positions b) Teachers who are available, rehired retirees, provisionally certificated not under regular contract or who are on temporary status (e.g. teachers and non- tenured teachers filling in the subjects and/or grade levels affected for leaves of absence or long-term substitutes) will be laid off or separated from first, provided there are fully qualified permanent teachers available who are capable of performing all the active employment rolls prior duties of the teachers to tenured teachers be laid off under this Section. SECTION 2 If a reduction in staff results in the same subjects and/or grade levelslayoff of a teacher, indicators of job performance, including overall ratings resulting from comprehensive evaluations and the best interest in the students shall be the primary factors in determining the order in which the layoff of teachers shall occur within the separate groups of teachers with professional teacher status and teachers without professional teacher status. In addition, other such factors, including the professional training and background and competency, shall be reviewed and considered.. If it becomes necessary to lay off tenured teachersthe above factors are equal, they the most junior teacher(s) within their discipline shall be laid off first. Effective 9/1/82,* Seniority is defined as the number of years and days /182 (183 effective the first day of school 2017) in Unit A or Unit B of the inverse order Xxxxxxx Public Schools. Part-time employment shall receive pro rata seniority credit, computed on the relationship of their senioritythe part-time salary to a full-time salary. An appropriate Seniority shall accumulate during paid leaves of absence. While seniority list will not be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingbroken during unpaid leaves of absence, there shall be no accumulation during that period of time. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers Time spent on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue will count toward seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of forty (40) days in a career * Prior to September, 1982, a year of seniority is defined as a minimum of ninety (90) work days in a permanent, full or part-time professional position in the Xxxxxxx Public Schools. In the event that two (2) or more individuals have the same seniority as of the beginning of any school year, their relative seniority shall be determined by their educational attainment as set forth in the salary schedule. The breaking of ties through the drawing of lots that has taken place prior to 9/1/87 shall continue to remain in effect to determine the relative seniority of the teachers who drew the lots so long as their educational attainment as set forth in the salary schedule remains equal and the same as it were immediately prior to 9/1/87. Effective 9/1/87, teachers who enter Unit A with the same seniority and educational attainment as set forth in the salary schedule will immediately draw lots to establish their relative seniority and placement on the salary list. Other teachers with equal seniority will not draw lots if their educational attainment as set forth in the salary schedule becomes equal but, rather, teachers will remain in the same relative position on the seniority list as immediately before they were equal in educational attainment as set forth in the salary schedule. Except as otherwise provided in this Article, placement on the salary schedule shall not be a consideration in the determination of reduction of staff. SECTION 3 For purposes of this Article, "discipline" shall be Elementary (Grades K-6); Secondary Levels: a) English, b) Science, c) Mathematics, d) Social Studies, e) Foreign Language, f) Career and Occupational Education, g) Art, h) Music, i) Practical Arts, j) Physical Education, k) Guidance, l) Reading, m) Special Education, n) Media Services, o) Health, p) Psychologists q) ESL, r) Computer Specialist, s) METCO Counselor, t) Science Center, u) Speech & Language, and v) School Nurses. For the purposes of computing length of service or seniority within a discipline, the total seniority as defined in Section 2 applies. By November 1 each year, the administration shall forward to the Association a seniority list of all teachers with professional status within the disciplines set forth above. Individuals teaching in more than one discipline will be listed in both disciplines. This list will be posted in school buildings. Should an individual choose to challenge his/her seniority status, written notice detailing the challenge will be sent to the Superintendent and the Association within twenty (20) days of the posting of the seniority list. Within twenty (20) days of the receipt of the challenge, the Association's representative shall meet with the Superintendent to resolve the challenge. If the School Committee and Association are unable to resolve the challenge, the matter shall be submitted to Expedited Arbitration. Members of the Unit B will be listed on the seniority list in the appropriate discipline. SECTION 4 Except in unforeseen circumstances, a teacher with professional teacher status so affected by a reduction in staff shall be notified by April 15 of the school year preceding the school year in which the reduction is to take place. SECTION 5 A teacher with professional teacher status whose position is eliminated after June 30, 1990, shall be allowed to transfer to an open position in a discipline which he/she has taught for one (1) semester within the three (3) years. E. While years immediately prior to the elimination of his/her teaching position or for which he/she holds a layoff continues, no new teachers shall valid Massachusetts Teaching License provided that a licensed teacher with fewer than thirty-six (36) credits in the certificate area may be hired except in those unique circumstances where (a) there are no teachers on required to take coursework during the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.next twenty-four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction Whenever the Board of Education deems it necessary to reduce the number of employees in the bargaining unit due to abolishment of positions, lack of funds, lack of work or for any other reason, the following procedure shall prevail: 15.01 The number of people affected by a reduction in force will be kept to a minimum by not replacing employees who resign or retire insofar as practical. 15.02 When it becomes necessary to suspend an employee's contract as a result of budgetary actions or curriculum and/or administrative organizationa reduction in force, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they employees shall be laid off according to seniority within the bargaining unit with the least senior employee laid off first. Each employee to be laid off shall be given a written notice of that fact at least seven (7) days prior to the effective date of the layoff. 15.03 For the purposes of this provision, seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a bargaining unit position as a Paraprofessional computed from the inverse order latest date of their seniorityhire. An appropriate Date of hire is determined per official minutes of the Board of Education. In the event identical seniority prevails, the most senior employee will be determined by the date of the most recent application on file, and will be used to determine seniority with the most recent date being the least senior. A seniority list will be made available for inspection when a tenured teacher has been provided to OAPSE #273 at their request. 15.04 The Board of Education shall determine the number of employees to be laid off. 15.05 The persons laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list and shall be reinstated in accordance with their senioritythe reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that classification. The teachers employees' names shall be recalled as vacancies become available in accordance with their position remain on the recall list for a period of one (1) year from the effective date of layoff. As vacancies occur and their certification for said vacancies. D. When vacancies become availablereinstatement is implemented, the teacher most senior employee on the recall list will be notified of the that a vacancy by phone and email sent has occurred. Within seven (7) calendar days after this notice is mailed to the last known address. The teacher so notified employee, the employee shall notify respond to the responsible administrator, in writing, in not more than ten (10) days after receipt Board of notification of the vacancy Education advising as to whether or not the employee accepts the offered position. Employees who indicate they do not accept the offered position will shall be accepted. The teacher may decline removed from the first offer of employmentlist. If the teacher declines employee fails to respond to the second offer mailed notice within seven (7) calendar days of a positionthe posting of the notice, reemployment rights his or her name shall be forfeited. All teachers shall remain on removed from the priority recall list for a maximum of three (3) yearsand his/her employment shall be ended. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to 15.06 This reduction in force provision shall supersede and replace all laws in the State of Ohio including, but not be subject to any dismissal procedure required elsewhere in this Agreementlimited to, 3319.081 of the Ohio Revised Code. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 2 contracts

Samples: Master Contract, Master Contract

REDUCTION IN FORCE. A. In any reduction in It is the bargaining unit responsibility of the School Committee to maintain the best public school possible and to implement those programs as a result mandated by the Massachusetts Department of budgetary actions or curriculum and/or administrative organizationEducation. However, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If if it becomes necessary for the School Committee, in its opinion, to reduce the number of employees employed by it through a general layoff, or through the elimination or consolidation of positions, it shall lay off tenured teachersemployees on the basis of seniority (i.e., they the most junior first, the most senior last). Exceptions may be made in cases in which specific characteristics were identified upon initial employment, and such characteristics remain necessary for a given position. Seniority shall be defined as the length of continuous service in the Truro Elementary School. Seniority shall be computed from the first day of work (not hiring date by the Employer). In the event of a tie or ties, seniority shall be determined by a lottery. The Superintendent shall publish a seniority list by February 1st of each school year. Employees whose positions are reduced shall be notified in writing no later than May 15 of the school year preceding the school year in which the reduction is to be effected. Employees laid off under this article shall be considered for recall in the inverse order of their senioritylay off within the bargaining unit during a period of two years from the effective date of their lay off if they so indicate in writing of their desire to the Superintendent at the time of their layoff. An appropriate seniority list will Such employees must maintain current contact information with the Superintendent to remain on the recall list. Employees serving a recall period shall be made available notified by the Superintendent concerning any open positions in the system for inspection when a tenured teacher has been laid which they may be qualified and shall be given preference in the filling of such positions provided that they respond within thirty days of such notification. Failure to accept an offer of employment for any such position shall terminate this option. Employees rehired after lay off under this section shall be credited with such salary and disputes a seniority rankingfringe benefits as they were entitled to at the effective date of their lay off. The seniority School Committee will make every reasonable effort to give priority on the substitute list will be developed from the last date of employment and furnished to the Association. If there is a tieEducational Assistants on recall, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue provided such Educational Assistants indicated their desire to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list the substitute list. As used in accordance with their seniority. The teachers this article the terms "lay off" and "reduction" shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified include both nonrenewal of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff contract due to reduction in force shall not be subject staff and reduction from full-time to any dismissal procedure required elsewhere part-time status due to reduction in this Agreementstaff. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any 7.1 As soon as a reduction in force is seriously contemplated, the superintendent of schools shall notify the President of the Wakefield Education Association and all of the teachers in the specific classifications, upon which it is contemplating, a position to be eliminated. For the purposes of this Article, classifications are defined as follows: Grade K-6 Classroom teachers Grades 7-8 English, Math, Science, Social Studies, foreign language If any new position is added to the bargaining unit during the term of this Agreement, the Association and the Board will meet to address which classification will include the new position. 7.2 The school board will accept for review any written presentation regarding the reduction in force from the association, individual teachers or the public. 7.3 The decision to implement the reduction in force shall be made at the sole discretion of the school board. 7.4 Every reasonable effort shall be made to minimize the affects of reduction in force on the current staff by absorbing as many positions as possible through attrition (retirements, resignations, and refusal to contract). If further reductions are necessary, then non-tenured staff shall be laid off if they are in the specific classifications (designated RIF assignment areas) affected by the reduction. 7.5 In identifying which teachers to release, the school board shall consider the following factors: certification, academic preparation, staff development requirements, evaluation recommendations, highly qualified status, and disciplinary actions. All of the factors being equal, then seniority will be considered in making the final determination. Seniority is defined as the total number of years continuously employed in this bargaining unit. If said seniority also is equal, the number of years, if any, as a paraprofessional in the School District will be the tie- breaker. 7.6 Employees released shall be granted priority for re-established positions for a two-year period. Employees released shall maintain accurate and updated contact information with the SAU in the event of a recall. Failure to do so shall result in a waiver of recall rights. A previously employed teacher who returns to a teaching position within a three-year period shall resume employment by the school district at not less than the step occupied when the teaching position previously held was terminated. 7.7 Any transfer, assignments, or reassignments resulting from or involved with a reduction in staff will be made at the sole discretion of the superintendent of schools. In the event of a change of assignment or transfer as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers reduction in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become availableforce, the teacher will involved shall be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearssuch change. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to 7.8 This reduction in force shall not procedure is the only procedure that may be subject to any dismissal procedure required elsewhere used in a reduction in force. No other personnel action, other than a reduction in force, may be considered under this AgreementArticle. G. Teachers recalled under these provisions shall have restored 7.9 If a grant funded position is filled by a candidate who is not a current employee, then the district may lay off the employee if the grant expires. If a grant funded position is filled by a candidate who was employed by the district prior to them all previously accrued sick leave and personal leave. H. The Board taking the grant funded position, the layoff will be considered to be from the position which the employee last held. For instance, if a K-8 teacher were hired to a Title I position and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to Title I grant expired, a K-8 RIF would be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contraryexecuted.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. A. In any ‌ 9.01 A reduction in force shall be defined as a reduction in the bargaining unit number of district-wide budgeted positions in one or more teaching areas (i.e. Math, Guidance, Early Childhood, Elementary Education, Specific Learning Disabilities, Physical Education, Art) which would result in one or more EMPLOYEES being terminated involuntarily. 9.02 In the event that the SUPERINTENDENT determines that a reduction in work force (RIF) is necessary, written notice shall be given to the ASSOCIATION of the positions by teaching areas and the names and school assignments of those individuals to be released. Unless emergency conditions exist, such notice shall be provided not less than five (5) days prior to the BOARD taking action on the recommendation of the SUPERINTENDENT. 9.03 If a reduction in force is needed, the Superintendent will retain EMPLOYEES at a school or in the school district based upon educational program needs and the performance evaluations of EMPLOYEES. In this subsection, “performance evaluation score” refers to the average of the three most recent consecutive final evaluation scores (or fewer if three consecutive evaluations are not available) received in the Xxxxxxx Teacher Assessment Model (CTEM). Within the program areas requiring reduction, EMPLOYEES with no recorded CTEM performance evaluation would be the first to be released. If reductions are still necessary, the EMPLOYEE with the lowest average evaluation score will be the next to be released; the EMPLOYEE with the next lowest average evaluation score will be the next to be released; and the reductions shall continue in a like manner until the needed number of reductions has occurred. 9.04 Recall: The following procedures shall be followed: a. The BOARD and the SUPERINTENDENT shall determine the teaching areas in which recall will be made and the number of EMPLOYEES to be recalled. b. Recall will be implemented using the criteria for reduction in force except in reverse order. Recall notice shall be made by certified letter to the EMPLOYEE's last known address. c. No new EMPLOYEES shall be hired in a released EMPLOYEE's teaching area until all certified and fully qualified released EMPLOYEES of that teaching area with a performance evaluation of Highly Effective, Effective, or Developing have been recalled or have declined or failed to accept recall within one week of that mailing date. Failure to respond to the letter of recall within the time required automatically terminates the EMPLOYEE's rights of recall. d. EMPLOYEES shall lose their seniority as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.their: B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels1. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Termination

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In Reduction in Force shall be defined as the cancellation of an employment contract and/or reduction in contract hours due to insufficient enrollment, or for other reasons as determined through analysis. Such reductions shall be done in compliance with state statutes in a manner that will maintain the best educational program for the district. B. Normal attrition shall precede any reduction in force of Traditional Contract and Contract Teachers. X. Xxxxx to layoff, an affected teacher may have the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made opportunity to transfer affected teachers to other similar positions apply for any vacancy within the school system where vacancies exist and Xxxxx Xxxxxxxx Technical College for which he or she is qualified. Teachers may be required to demonstrate proficiency of current industry skills. In the affected teachers are certified. B. If no similar positions are availableevent that a course is scheduled to be canceled and a new course is to be offered for the coming year, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels teacher affected will be laid off or separated from the active employment rolls given an opportunity to retain a position if he/she, prior to tenured teachers in the same subjects and/or grade levels. If it becomes course start, receives the training and credential(s) necessary to lay off tenured teachers, they shall be laid off in able to teach the inverse order of their senioritynew course(s). An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished Affected teachers may apply to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification Vocational Teachers' Council for said vacanciesfunds for this training. D. When vacancies become available, the Required teacher reductions will be notified based on seniority, assuming that employee appraisal/job performance, teaching endorsements and/or certification(s), and current industry skills are relatively equal. Teachers may be required to demonstrate that their current industry skills are appropriate to the course offering. X. Xx existing contracted employee who has satisfactory progress evaluations may not be bumped by another displaced contracted employee. F. Whenever possible, Reductions in Force will be limited to the end of the vacancy by phone and email sent to the last known addresssemester or school year. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All Affected teachers shall remain on the priority recall list for a maximum of three receive thirty (330) yearscalendar days written notice. E. While a layoff continues, no new G. New full-time teachers shall not be hired except in employed by the school so long as there remain teachers who have been reduced, unless those unique circumstances where (a) there teachers have not responded to recall efforts or do not have the proper qualifications and are no teachers on the priority recall list qualified unable to demonstrate proficiency of current industry skills, if required, to fill the vacancy or vacancies. Such priority consideration will be for a period of one (bI) all qualified teachers on year following the priority recall list decline the offer to fill the vacancyreduction. F. Any layoff due X. The school will send a verifiable communication notifying the teacher of the existing vacancy or vacancies to reduction the teacher's last-known permanent address or email address. It shall be the teacher's responsibility to notify the school of any change in force shall not be subject to any dismissal procedure required elsewhere in this Agreementthe permanent address or email address. G. I. Teachers recalled under these provisions must accept an assignment within fifteen (15) calendar days, if offered. The liability of the school to recall employees whose employment contracts have been canceled shall have restored to them all previously accrued sick leave and personal leaveterminate if employees do not accept re-employment. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction A tenured-certified employee who is being considered for Reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort Force (RIF) will be made consulted by the Superintendent ten (10) calendar days prior to transfer affected teachers any anticipated board action. The certified employee shall be given the opportunity to other similar positions within discuss the reasons for the reduction. A Bethalto Education Association representative shall also be in attendance if requested by the certified employee. The Bethalto Education Association President shall be notified at least twenty (20) calendar days prior to any anticipated RIF of tenured certified employees. All RIF notices to certified employees must be delivered by or before 45 calendar days prior to the end of the school system where vacancies exist and for which year, or as required under the affected teachers are certifiedSchool Code. In the case of a RIF, notification to the certified employee shall be given after the student-school day, when possible. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list Seniority lists will be made available for inspection when a tenured teacher by February 1st of each year. A certified employee who feels that he/she is qualified in additional areas of certification has been laid off and disputes a seniority rankinguntil March 1st to show proof of such certification. The seniority list Sequence of Honorable Dismissal Lists will be developed from the last date of employment and furnished made available to the Association. If there is a tie, Association President no later than 75 days prior to the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave end of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTAthe school year. The list will indicate name, date of first employment, date of current employment and department and location codeSuperintendent or Designee shall develop a means to disseminate rankings to certified employees. C. Teachers on layoff shall After March 1st, certified employees may obtain additional certification through training or coursework, which should immediately be placed on a priority recall list in accordance with their senioritysubstantiated upon completion. The teachers shall Certified employees who have been honorably dismissed and who obtain such additional certification may then be recalled as vacancies become available in accordance with their to any vacant position on for which they have been qualified according to the list and their certification for said vacanciesstandards of the State Board of Education. D. When vacancies become availableIn the event of a tie as it pertains to a RIF, if the teacher will be notified length of service to the district of the vacancy by phone and email sent certified employees shall be equal, preference shall be given to the last known address. The teacher so notified shall notify employee who received the responsible administratorhighest number of indicators marked as excellent on his/her previous evaluation, in writingthe event of an equal number of indicators, preference shall be given to the employee who received the highest number of indicators marked as proficient on his/her previous evaluation instrument, in not more than ten (10) days after receipt the event of notification an equal number of indicators, preference shall be given to the vacancy as to whether or not employee who has advanced the position will furthest vertically on the salary schedule, and in the event of equal vertical placement, preference shall be accepted. The teacher may decline given the first offer of employmentemployee who has advanced the furthest horizontally on the salary schedule. If the teacher declines the second offer length of service shall still be equal, a position, reemployment rights determination by lot shall be forfeited. All teachers shall remain on made by the priority recall list for a maximum superintendent or designee in the presence of three (3) yearsthe Bethalto Education Association President to determine who has greater seniority. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Contractual Agreement

REDUCTION IN FORCE. In the event the Board determines the need for a Reduction in Force (RIF), the Administration shall meet with the Association to discuss the following: A. In any reduction in Reasons for the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made need to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.have RIF B. If no similar positions are available, rehired retirees, provisionally certificated teachers Verification of Seniority list C. Verification of RIF and non- tenured teachers recall procedures Reduction in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they Force Recall Procedures: A. Nurses shall be laid off in the inverse order of their seniority. An appropriate seniority list will by position or job category. B. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the position thereby becoming available within a specific category of position shall be made available tendered to the employees so removed or dismissed from that category of position, so far as they are qualified to hold such positions. C. Nurses shall be called back to work according to his/her placement on the Nurse Recall Seniority list. X. Xxxxxx on layoff, who have been offered reemployment for inspection when a tenured teacher has the position which they had been laid off and disputes a seniority ranking. The seniority list will have declined, shall be developed removed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsNurse Recall Seniority list. E. While a The District shall not employ any non-District applicants to fill any vacant full- time or part-time positions in the category of position subject to layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers unless all qualified bargaining unit Nurses on the priority recall list qualified have been reinstated to fill the vacancy vacant position or (b) all qualified teachers on the priority recall list decline the offer declined reinstatement to fill the vacancy. F. Any layoff due In the event district seniority is equal between employees the following procedures will be followed: a. Highest degree earned b. Previous work experience in the district x. Xxxx and time stamp upon the receipt of their letter of acceptance Nothing in the Article or any part of this Agreement is intended to reduction in force shall not be subject restrict the sole authority of the Board to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board determine the financial necessity of service reduction, the form of the reduction, and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, duration of the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrarylayoff.

Appears in 1 contract

Samples: Educational Support Personnel Agreement

REDUCTION IN FORCE. A. In any the event a reduction in staff occurs, such reduction shall be accomplished as follows: 1. The Committee and the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, superintendent shall make every effort will be made to transfer affected teachers accomplish said reduction by attrition. 2. Teachers with professional status shall have the right to other similar positions within the school system where vacancies exist and replace any less senior teacher holding a position for which the affected teachers are certifiedteacher is licensed and qualified. The terms of Article XXI, Section 1, Paragraph 2 shall apply to such right. B. If no similar positions are available3. The reduction of teachers with professional status will be in inverse order of their seniority within areas of licensure. Definition and Computation of Seniority 1. Seniority of licensed teachers is determined by length (in years, rehired retireesmonths, provisionally certificated teachers and non- tenured teachers days) of continuous service as a teacher in the subjects and/or grade levels affected Mashpee Public Schools. (In the event of two or more teachers sharing a date of appointment, seniority between such will be laid off or separated from determined by lottery.) 2. In case of a layoff, the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they least senior teacher within an area of licensure shall be laid off first. A teacher who has been reached for layoff shall be allowed to bump the least senior teacher in another subject area for which he/she is licensed. In the case where the teacher reached for layoff is licensed in more than one area, such teacher must bump the least senior teacher. However, the superintendent reserves the right to require a teacher to complete additional course work not to exceed nine (9) hours if the change of grade is four (4) years or more. 3. Leaves of absence granted in accordance with the provisions of the teacher’s contract shall not constitute an interruption in continuous service. Guidelines for Recall 1. Teachers who have been laid off will have recall rights for two years from the effective date of their respective layoff notification. 2. During the recall period, those teachers will be given preference for which they are qualified, as position openings occur, in the inverse order of their seniority. An appropriate seniority list layoff and all benefits to which a teacher was entitled will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingreinstated upon re-employment within the recall period. 3. The seniority list Written notice of recall will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the teacher by registered mail at the teacher’s last known recorded address. 4. The teacher so notified shall notify exercise the responsible administrator, in writing, in not more than ten (10) recall right within 15 calendar days after receipt of the notification. 5. Teachers who have been laid off will be given preference on the substitute teacher list if they so desire. 6. During the year of layoff, the teacher is responsible for notifying the School Department of any change of address. 7. During the recall period, teachers will be allowed to continue their insurance coverage for a period of up to one year, subject to such rules and regulations as may be established by the town. 8. Employees who are laid off will be given written notification by May 15 or the conclusion of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a positionMay town meeting, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearswhichever comes later, absent unusual circumstances. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. 1. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. 2. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. 3. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. 4. While a layoff continues, no new teachers shall be hired except in those unique circumstances where where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. 5. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. 6. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. 7. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to decrease the number of continuing contract teachers who are full-time due to, but not limited to, changes in the student population, curriculum changes, and/or the budget limitations within the school district, the governing body of the school system may lay off tenured teachersthe necessary number of employees, they by area of certification. As soon as the Board determines that a reduction in force is necessary, the Superintendent shall notify the President of the Teacher’s Association of the Board’s determination. For the purpose of this article, classifications are defined as follows: Elementary K-5 English or Language Arts Social Studies Mathematics Science World Language Family & Consumer Science Industrial Arts/Technical Education Business/Computers Art Physical Education Wellness Music Special Education Guidance Media Specialist (Librarian) In identifying which teacher(s) to release, the administration and the Board will consider the following in this order: certification, experience in the certified area, degree status, professional development, and the last five years of evaluations. If all the factors are equal, then seniority may be considered in making a final determination. Seniority is defined as the total number of years of continuous employment in the district. If layoffs occur in the elementary grades or in Special Education positions, the Superintendent may shift the assignments of the remaining elementary teachers to provide the best possible programs. No teacher may be prevented from securing other employment during the period he or she is laid off in the inverse order of their seniorityunder this subsection. An appropriate seniority list There will be made available no recall rights for inspection when a tenured teacher has been laid off and disputes a seniority rankingterminated employees. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieHowever, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave administration may consider the application of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies terminated employees for such positions which may become available in accordance subsequent years, provided the terminated employee(s) submit a reasonable and timely application at the time the position becomes vacant. A previously employed teacher who returns to a teaching position within a three-year period shall resume employment with their prior benefits reinstated only if eligible, at no less than the step occupied when the teacher position previously held was terminated. When the District has a Reduction in Force of an employee, the District shall note in the employee’s personnel file, 1) that the employee left the District because of a RIF and, 2) that the reason for leaving reflects no discredit on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified service of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsemployee. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. 35.1 In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event that it becomes necessary for the School Committee to lay reduce the number of professional status employees, the procedures set forth in this Article will govern lay-off tenured teachers, they and recall decisions. 35.2 The Superintendent shall have the sole discretion in determining which positions are to be eliminated. 35.3 No teacher with professional teacher status shall be laid off if there is a teacher without professional teacher status serving in a position that a teacher with professional teacher status is certified to fill pursuant to G.L. Chapter 71, Section 38. 35.4 In determining the layoff of employees with professional teacher status, seniority shall prevail provided the more senior teacher is certified pursuant to G.L. Chapter 71, Section 38, for the junior teacher's position. Effective September 1, 2016, layoffs of employees with professional status shall be conducted within the categories listed in 35.5 based on a teacher’s job performance and the best interests of the students. A teacher’s job performance and the best interest of the students are defined by the teacher’s past summative evaluation ratings. The summative evaluations shall include only those received by teachers with professional status since the 2013-2014 work year and the total number compared shall not exceed the total number of summative evaluations received since the 2013-2014 work year by the least senior teacher with professional status. Ratings of Proficient and Exemplary shall be considered equal. If there is a tie using the above criteria, the tie shall be broken by seniority, with the least senior teacher in the discipline targeted being laid off first. Seniority is defined as the length of continuous service in the Hull School System. Leaves of Absence granted by the School Committee shall not constitute a break in service. However, seniority will not accumulate during the leave period. 35.5 Separate Seniority Lists shall be established by the School Committee for professional teacher status employees in the following categories: Elementary (K-5) Secondary (6-12) Social Studies Business English Industrial Arts Mathematics World Language Science System (K-12) Guidance Library Art Reading Music Special Needs Health Education Physical Education ELL/ESL Occupational Therapist Physical Therapist School Psychologist Adjustment Counselor/Social Worker Speech and Language Pathologist Speech and Language Pathologist Assistant 35.6 In order for a teacher to be included within a category, the teacher must have a license and teaching experience in the Hull School System in the category. 35.7 Teachers who qualify for more than one category will receive credit for total years of continuous teaching experience in Hull in that category in which they have taught for the longest period and credit in additional categories for the actual years of teaching in that category. 35.8 In situations where two or more teachers have equal seniority, the decision to retain an employee shall be determined by level of academic training within the respective seniority category. 35.9 Lay-off is defined as an unpaid leave of absence granted by the School Committee for a period of two (2) years from the effective date of the reduction; provided further that said teacher has waived, in writing, subsequent to receipt of a notice of reduction-in-force, any present or future rights to a dismissal hearing he/she may have pursuant to Chapter 71, Section 42, of the Massachusetts General Laws. 35.10 Staff who have been laid off will be recalled in the inverse order of their senioritylay-off within their seniority category during a period of (16) months following their last day of employment, if they inform the Superintendent in writing on or before May 15 of their desire to be so considered or within thirty (30) days of lay-off. An appropriate seniority list Acceptance of a full-time teaching position elsewhere shall void this requirement. 35.11 Teachers recalled within said two (2) year period after lay-off under the provisions of this article shall be credited with all such benefits he/she had accrued at the time of the lay-off of service. 35.12 Teachers serving a recall period shall be notified concerning any open positions in the system for which they may be qualified to fill; failure to accept an offer of employment for any such position shall terminate this requirement. 35.13 During the recall period, a teacher on recall status will be made available for inspection when a tenured teacher has been eligible to remain in the group medical and life insurance programs of the Town of Hull, to the extent permitted by law, provided the laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished employee pays full premium amount pursuant to the Association. If there is a tie, requirement of the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codeinsurance carrier. C. Teachers on layoff shall be placed on 35.14 In the event a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject becomes necessary, the Superintendent will make every effort to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Articlenotify employees of a potential layoff by June 1. If such rulings or regulations cause any provisions to be in conflictHowever, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to agree that there may be contraryunforeseen/extenuating circumstances that would require that notice be provided after this date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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REDUCTION IN FORCE. A. In When the Board of Education decides that it will be necessary to reduce the number of teachers it employs, it may make a reasonable reduction for any reduction of the following reasons: a. Return to duty of regular teachers after approved leaves of absence; b. Suspension of schools; c. Decreased enrollment of the pupils in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within District; d. Territorial changes affecting the school system where vacancies exist and for which the affected teachers are certifiedDistrict; and e. Financial reasons. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieIn making any such reduction, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave Board of absence Education shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue proceed to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list suspend contracts in accordance with their senioritythe recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference first to teachers on continuing contracts. The Superintendent shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations and shall be recalled as vacancies become available use the following procedures to implement this provision: a. Prior to making a reduction in accordance with their position on the list and their certification for said vacancies. D. When vacancies become availableforce, the Superintendent/designee shall identify those teachers whose teaching field, as defined by this Article, is affected by the need to reduce the number of teachers employed by the Board (hereinafter, "RIF Pool"); b. Next, the Superintendent/designee shall exclude any teacher will be notified from the RIF Pool who previously attained continuing contract status within the Beachwood City School District provided however that this requirement shall not apply where the RIF Pool contains only teachers with continuing contract status; c. Next, the Superintendent/designee shall review written evaluations together with any related materials (hereinafter, "Evaluation") of each teacher in the vacancy by phone and email sent to RIF Pool. This review shall consider the last known address. The teacher so notified shall notify Evaluations completed for the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of most recent three (3) Evaluation Years, if available, for each teacher in the RIF Pool. An Evaluation Year shall mean all Evaluations completed within one (1) school year. Based solely upon the review of each teacher's Evaluations during the most recent three (3) Evaluations Years (if available), the Superintendent/designee shall rank the teachers in the RIF Pool using Objective and Measurable Standards. If a teacher in the RIF pool does not have any completed Evaluations, the teacher shall be ranked as having the lowest overall Evaluation. While developing the Objective and Measurable Standards, the Superintendent/designee shall provide to Union representatives an opportunity to meet and discuss any draft(s) of the Objective and Measurable Standards. Any meeting occurring under this subsection shall be collaborative in nature. The Superintendent/designee shall give due consideration to input provided by Union representatives regarding the draft(s) of the Objective and Measurable Standards. The Superintendent retains the final authority to determine the Objective and Measurable Standards. d. Next, the Superintendent/designee shall select for reduction in force the teacher(s) in the RIF Pool with the lowest overall Evaluations. If the Superintendent/ designee determines, after following the process in the preceding paragraph, that two or more teachers in the RIF Pool have the same ranking, the Superintendent/ designee shall use seniority as the tiebreaker. e. Prior to implementing a reduction in force, the Superintendent/designee shall provide an opportunity to the Union President to meet, discuss and confirm the Superintendent/designee's application of the procedures under Section B of this Article and any corresponding calculations. Also prior to implementing the reduction in force, the Superintendent/designee shall provide an opportunity to the Union President and the teacher(s) subject to the reduction in force to meet and discuss the reduction in force. C. On a case-by-case basis, in lieu of suspending a contract in whole, the Board of Education may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. D. Teaching field shall generally mean the teacher's area of licensure/certification under 3319.22 of the Ohio Revised Code and the corresponding sections of the Ohio Administrative Code, including but not limited to O.A.C. Section 3301-24-05. Where no license/certification is offered for a particular teaching assignment, "teaching field" shall mean the particular teaching assignment. E. Any reassignment of teachers necessitated by a reduction in force under this Article shall be the sole responsibility of the Superintendent. The Superintendent will use assignment/reassignment to minimize the need for and the number of reductions in force. However, the Superintendent shall have no obligation to reassign a limited contract teacher affected by a reduction in force if: a. The teacher is not licensed/certificated to teach in the position of reassignment; And/Or b. The teacher has not taught in the subject matter of the position of reassignment within the last five (5) years; or the teacher has not earned nine (9) semester hours in the subject matter of the position of reassignment within the last five (5) years. E. While a layoff continuesF. Teachers whose continuing contracts are suspended, no new in full or part, by the Board of Education, pursuant to this Article, shall have the first right of restoration to continuing service status by the Board if and when teaching positions become vacant or are created for which any of such teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force become qualified. Seniority shall not be subject the basis for rehiring/restoring a teacher, except when making a decision between teachers who have comparable evaluations. This means that the Superintendent/designee shall follow the procedures in Section B.c. of this Article to any dismissal procedure required elsewhere determine the teacher(s) with the highest overall Evaluations and shall restore such teacher(s) to employment provided such teacher(s) is/are properly licensed to teach in this Agreementthe restored teaching position(s). G. Teachers recalled under these provisions For one (1) calendar year from the effective date of the reduction in force, teachers whose limited contracts are suspended, in full or part, by the Board of Education, pursuant to this Article, shall have the second right of restoration by the Board if and when teaching positions become vacant or are created for which any of such limited contract teachers are or become qualified. Seniority shall not be the basis for rehiring/restoring a teacher, except when making a decision between teachers who have comparable evaluations. This means that the Superintendent/designee shall follow the procedures in Section B.c. of this Article to determine the teacher(s) with the highest overall Evaluations and shall restore such teacher(s) to employment provided such teacher(s) is/are properly licensed to teach in the restored to them all previously accrued sick leave and personal leaveteaching position(s). H. The Board Prior to implementing a restoration, the Superintendent/designee shall provide an opportunity to the Union President to meet, discuss, and confirm the Superintendent/ designee's application of the procedures under Sections F and G of this Article and any corresponding calculations. Also prior to implementing the restoration, the Superintendent/designee shall provide an opportunity to the Union President and the Association recognize that appropriate governmental agencies that teacher(s) subject to the restoration to meet and discuss the restoration. I. Any continuing service status or limited contract teacher on the restoration list will have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.fifteen

Appears in 1 contract

Samples: Master Contract

REDUCTION IN FORCE. A. The Board may make reasonable reductions in force for any of the following reasons: 1. A decreased enrollment of pupils; 2. The return to duty of regular teachers after leaves of absence and/or the return of a teacher on a continuing contract from an administrative position to the bargaining unit; 3. A suspension of schools or territorial changes affecting the district; 4. Where there have been territorial changes affecting the district, or additional statutorily mandated reasons B. In making such reduction, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference to teachers of continuing contract status and to teachers who have greater seniority. Teachers whose continuing contracts are suspended shall have the right to restoration to service in the district if and when teaching positions become vacant or are created for which any of such teachers are to become qualified. Teachers on limited contracts, whose contracts have been suspended, will be ineligible to be recalled for two (2) years, in reverse order of seniority. C. Teachers whose names appear on the reduction in force list shall be offered reemployment to positions for which they are certified in the order of seniority at the time they are laid off. D. No new teachers shall be hired by the Board while there are teachers on the reduction in force list who are certified to teach in any position which is open. E. Seniority shall be defined as length of continuous service as a certified employee under a regular full-time teaching contract in the Chesapeake Union Exempted Village School District. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence and/or time spent in a non-bargaining unit as a result position, but such time will not be counted in computing seniority. F. A member who is notified that he/she is laid off will have the right to displace any less senior member whose work he/she is certificated to perform. G. Notice of budgetary actions or curriculum and/or administrative organization, every effort recall will be made given by telegram or registered mail to transfer affected teachers the last address furnished to other similar positions within the school system where vacancies exist and for which District by a bargaining unit member. A copy of the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected notice of recall will be laid off or separated from given to the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order President of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined member fails to respond in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than writing within ten (10) days after receipt of notification the above notice of the vacancy as recall, he/she will be deemed to whether or not have refused the position offered. H. A member who is laid off will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum twenty-four (24) months after the effective date of three (3) years.his/her layoff unless he/she: E. While a layoff continues, no new teachers shall be hired except 1. Xxxxxx his/her recall rights in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.writing;

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction A tenured-certified employee who is being considered for Reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort Force (RIF) will be made consulted by the Superintendent ten (10) calendar days prior to transfer affected teachers any anticipated Board action. The certified employee shall be given the opportunity to other similar positions within discuss the reasons for the reduction. A Bethalto Education Association representative shall also be in attendance if requested by the certified employee. The Bethalto Education Association President shall be notified at least twenty (20) calendar days prior to any anticipated RIF of tenured certified employees. All RIF notices to certified employees must be delivered by or before 45 calendar days prior to the end of the school system where vacancies exist and for which year, or as required under the affected teachers are certifiedSchool Code. In the case of a RIF, notification to the certified employee shall be given after the student-school day, when possible. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list Seniority lists will be made available for inspection when a tenured teacher by February 1st of each year. A certified employee who feels that he/she is qualified in additional areas of certification has been laid off and disputes a seniority rankinguntil March 1st to show proof of such certification. The seniority list Sequence of Honorable Dismissal Lists will be developed from the last date of employment and furnished made available to the Association. If there is a tie, Association President no later than 75 calendar days prior to the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave end of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTAthe school year. The list will indicate name, date of first employment, date of current employment and department and location codeSuperintendent or Designee shall develop a means to disseminate rankings to certified employees. C. Teachers on layoff shall After March 1st, certified employees may obtain additional certification through training or coursework, which should immediately be placed on a priority recall list in accordance with their senioritysubstantiated upon completion. The teachers shall Certified employees who have been honorably dismissed and who obtain such additional certification may then be recalled as vacancies become available in accordance with their to any vacant position on for which they have been qualified according to the list and their certification for said vacanciesstandards of the State Board of Education. D. When vacancies become availableIn the event of a tie as it pertains to a RIF, if the teacher will be notified length of service to the District of the vacancy by phone and email sent certified employees shall be equal, preference shall be given to the last known address. The teacher so notified shall notify employee who received the responsible administratorhighest number of indicators marked as excellent on his/her previous evaluation, in writingthe event of an equal number of indicators, preference shall be given to the employee who received the highest number of indicators marked as proficient on his/her previous evaluation instrument, in not more than ten (10) days after receipt the event of notification an equal number of indicators, preference shall be given to the vacancy as to whether or not employee who has advanced the position will furthest vertically on the salary schedule, and in the event of equal vertical placement, preference shall be accepted. The teacher may decline given the first offer of employmentemployee who has advanced the furthest horizontally on the salary schedule. If the teacher declines the second offer length of service shall still be equal, a position, reemployment rights determination by lot shall be forfeited. All teachers shall remain on made by the priority recall list for a maximum Superintendent or designee in the presence of three (3) yearsthe Bethalto Education Association President to determine who has greater seniority. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Employment Agreement

REDUCTION IN FORCE. A. In any A reduction in the bargaining unit number of teachers in the District through the suspension of teaching contracts may occur based upon the following reasons: A. Decreased enrollment of pupils; B. Financial reasons as determined by the Board; C. Return to duty of regular teacher after extended leave of absence; D. Territorial changes affecting the District; and/or E. Suspension of schools. To the extent possible, the number of employees adversely affected by a reduction in force will be minimized by not employing replacements for employees who retire, resign, go on leave of absence, or whose limited contracts are not renewed for reasons other than a reduction in force so long as said departing employees are working in grade/subject areas which are part of the District's reduction plan. The Board will make reasonable reductions as recommended by the Superintendent. Contracts will be suspended as needed, within each teaching field affected. Preference for available positions will be given to teachers on continuing contracts among teachers with comparable evaluations. Teachers whose contracts are suspended or non-renewed as a result reduction in staff shall have the right to be restored to service status in the order of budgetary actions seniority in the District with preference given to continuing contract holders, if and when teaching positions become available for which those teachers are or curriculum and/or administrative organizationmay become qualified. However, every effort no preference for seniority shall be given for layoff or recall except when making a decision between teachers, regardless of contract status, who have comparable evaluations defined in the following manner: a. The first to be suspended shall be those teachers with evaluation ratings of "Ineffective." For continuing contract teachers, the rating of "Ineffective" shall be based upon three consecutive years of student growth data. For limited contract teachers, the rating of "Ineffective" shall be based only on the principal's rating (not including any student growth measures) until three consecutive years of student growth data are available and then the overall (summative) rating including student growth measures will be made to transfer affected used. b. The next teachers to other similar positions within the school system where vacancies exist and for which the affected be suspended shall be those teachers are certifiedon limited contracts with ratings of "Developing" who have improvement plans. B. If no similar positions c. The next teachers to be suspended shall be those teachers on limited contracts with ratings of "Developing" who have professional growth plans. d. Evaluation ratings of Accomplished and/or Skilled shall be considered comparable. For b. and c. (above), the rating of "Developing" shall be based only on the principal's rating (not including any student growth measures) until three consecutive years of student growth data are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in then the subjects and/or grade levels affected overall (summative) rating- including student growth measures- will be laid off or separated from the active employment rolls prior to tenured used. 2. Seniority shall only be used when deciding between teachers in the same subjects and/or grade levelswith comparable evaluations. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list No new personnel will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of hired until all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list reduced staff members qualified to fill the vacancy vacant positions have declined or (b) all qualified teachers on the priority recall list decline the offer are restored for a period up to fill the vacancyfive years. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Master Contract

REDUCTION IN FORCE. A. 14.1 By every September 30th, the District shall prepare a Seniority List. Seniority is defined as length of unbroken service within the Bargaining Unit and shall be computed from the teacher's date of hire with the Fall Mountain Regional School District. All teachers shall be ranked on the list in order of their date of hire as above defined. In any the circumstance of more than one (1) individual having the same date of hire, all individuals so affected will participate in a drawing to determine placement on the Seniority List. Said drawing shall take place during a necessary reduction in force where a tie needs to be broken. 14.2 The Seniority List shall be prepared by the District and verified by the Association. Said list shall be posted in all buildings of the District by October 15th of each school year. Revisions and updates of the Seniority List shall be published and posted as they are made. A copy of the Seniority List and subsequent revisions shall be forwarded to the Association. 14.3 All seniority excepting as provided below is lost when employment is severed by resignation, retirement, discharge for cause, or transfer to a non-bargaining unit position; however, seniority is retained if severance of employment is due to layoff (RIF). In cases of layoff, teachers so affected shall retain all seniority accumulated as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist effective date of layoff. A. Administrators and Department Heads shall have their seniority grandfathered for which their actual teaching time in the affected teachers are certifiedFall Mountain Regional School District. B. If no similar positions are availableDepartment Heads performing actual teaching duties shall continue to accrue seniority. C. Teachers transferring to a non-bargaining unit position shall have a one (1) year grace period during which their seniority shall be retained, rehired retireesand they may opt to return to the bargaining unit. 14.4 Seniority shall not accrue while a teacher is on leave of absence. Seniority shall accrue while utilizing sick leave and in all situations where mandated by state or federal law. 14.5 It is hereby recognized that it is within the discretion of the Board to reduce its educational program curriculum, provisionally certificated teachers and non- tenured teachers staff, and that the procedures set forth in this Article shall be used in laying off personnel. 14.6 Layoff shall be defined as, but not limited to, a necessary reduction in work force beyond normal attrition due to decreased student enrollment or shortage of revenues. 14.7 In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event it becomes necessary to lay off tenured teachersreduce the number of bargaining unit members through layoff for reasons as provided, they the following procedure shall be followed: A. Beginning with the last name on the seniority list and in ascending order thereafter, the District shall identify the least senior teachers equal in number to the number of teaching positions being eliminated. B. Probationary teachers shall be laid off first as follows: 1. In all cases, teachers shall be laid off and retained on the basis of their seniority, provided their certification and qualifications are relatively equal. Qualifications shall include: a. The teacher must have taught within their area of certification within the last five (5) years. b. Evaluations c. Recertification requirements d. Degree; Major, Minor hours e. Extra-curriculars 2. In the event the Board elects to lay off a more senior bargaining unit member, a measurable differential in qualifications between bargaining unit members must be established. C. If the reduction of teachers is still necessary, then teachers on continuing contracts shall be laid off as outlined above. D. Seniority shall be prorated according to time worked. E. A teacher who meets the above criteria shall have the right to be placed in a position for which they are certified and qualified to fill and which is occupied by a teacher with less seniority. 14.8 Recalls shall be in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.layoffs: C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The A. Probationary teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification have recall rights for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten two (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (32) years. E. While a layoff continues, no new B. Tenure teachers shall be hired except in those unique circumstances where have recall rights for five (a5) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyyears. F. Any layoff due 14.9 Refusal of an offer from the District of a position for which the laid off bargaining unit member is certified/licensed, failure to reduction in force shall not be subject respond within five (5) days of receipt of written notification, or once having accepted the position via collect telephone call and written confirmation; failure to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored return to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet work within ten (10) working days shall be cause for termination. 14.10 Teachers under contract obligation to another school district may be bypassed without loss of seniority. Such action shall not in any way affect the purpose bargaining unit member's rights as guaranteed under this Agreement. 14.11 Notifications of renegotiating only all recalls shall be in writing with a copy to the provision(s) held Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be contrarythe teacher's responsibility to notify the District of any change of address. 14.12 Recalled teachers shall be entitled to all accrued sick leave benefits as provided herein.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any Should the Board determine to reduce the regular full-time work force covered by this Agreement, it shall notify the Association and the employees to be affected as soon as practicable, but not less than thirty (30) days before the layoff is to take place. The Association shall also be given a list setting forth the names of all teachers affected by the reduction in force, their employment dates and the bargaining unit as a result areas of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedtheir respective certification. B. If Non-tenure teachers shall be laid off before teachers having tenure, except in cases where there are no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected employ of the Board who have the State certification which the Board requires. C. If the Board determines to lay off a tenured teacher, then provision of N.J.S.A. 18A:28-9 et seq. shall apply. D. Without in any way diminishing the Board's responsibility and authority to determine whether or not to continue in its employ any non-tenure teacher who does not meet its standards and also whether or not to grant tenure to a non-tenure employee, it will, as a matter of principle, state that when reduction in force becomes necessary, full- time non-tenure employees with a shorter term of employment with the Board will be laid off or separated from before those with longer employment. For a period of fourteen (14) months after the active employment rolls prior date such teacher is laid off, the Board will make an effort to tenured teachers place any teacher who loses his position by reason of a reduction in force in the same subjects and/or grade levelsPennsauken School System before the hiring of any teacher who is a new applicant for regular full-time employment. If it becomes necessary to lay off tenured teachersAll persons currently on layoff, they who have State certification qualifications required for any vacancy, and the President of the Association, shall be laid off in given written notice of the inverse order existence of their seniority. An appropriate seniority list will any such vacancy which they are qualified to fill at least fifteen (15) calendar days before the post is to be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingfilled. The seniority list will Association shall be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on supplied at all times with an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide accurate list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTAwho are currently on layoff. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers If a teacher on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be is notified of the a vacancy by phone and email sent to the last known address. The does not accept same, that teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to considered for any dismissal procedure required elsewhere in this Agreementfurther vacancies. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. SECTION 1 In any the case of reduction in teaching staff, a teacher with professional teacher status shall not be dismissed if there is a teacher without professional teacher status employed whose position the bargaining unit teacher with professional teacher status is qualified to fill. a) Inasmuch as a result of budgetary actions or curriculum and/or administrative organizationpossible, every effort normal attrition will be made used whereby teachers who retire or resign will not be replaced if there are fully qualified teachers available who are capable to transfer affected teachers fill the position and who would otherwise be subject to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedlayoff. B. If no similar positions b) Teachers who are available, rehired retirees, provisionally certificated not under regular contract or who are on temporary status (e.g. teachers and non- tenured teachers filling in the subjects and/or grade levels affected for leaves of absence or long-term substitutes) will be laid off first, provided there are fully qualified permanent teachers available who are capable of performing all the duties of the teachers to be laid off under this Section. SECTION 2 If a reduction in staff results in the layoff of a teacher, indicators of job performance, including overall ratings resulting from comprehensive evaluations and the best interest in the students shall be the primary factors in determining the order in which the layoff of teachers shall occur within the separate groups of teachers with professional teacher status and teachers without professional teacher status. In addition, other such factors, including the professional training and background and competency, shall be reviewed and considered. If the above factors are equal, the most junior teacher(s) within their discipline shall be laid off first. Effective 9/1/82, *Seniority is defined as the number of years and days /182 (183 effective the first day of school 2017) in Unit A or separated from Unit B of the active Needham Public Schools. Part-time employment rolls shall receive pro rata seniority credit, computed on the relationship of the part-time salary to a full-time salary. Seniority shall accumulate during paid leaves of absence. While seniority will not be broken during unpaid leaves of absence, there shall be no accumulation during that period of time. Time spent on an unpaid leave of absence will count toward seniority for a maximum of forty (40) days in a career. *Prior to September, 1982, a year of seniority is defined as a minimum of ninety (90) work days in a permanent, full or part-time professional position in the Xxxxxxx Public Schools. In the event that two (2) or more individuals have the same seniority as of the beginning of any school year, their relative seniority shall be determined by their educational attainment as set forth in the salary schedule. The breaking of ties through the drawing of lots that has taken place prior to tenured 9/1/87 shall continue to remain in effect to determine the relative seniority of the teachers who drew the lots so long as their educational attainment as set forth in the salary schedule remains equal and the same as it were immediately prior to 9/1/87. Effective 9/1/87, teachers who enter Unit A with the same seniority and educational attainment as set forth in the salary schedule will immediately draw lots to establish their relative seniority and placement on the salary list. Other teachers with equal seniority will not draw lots if their educational attainment as set forth in the salary schedule becomes equal but, rather, teachers will remain in the same subjects and/or grade levelsrelative position on the seniority list as immediately before they were equal in educational attainment as set forth in the salary schedule. Except as otherwise provided in this Article, placement on the salary schedule shall not be a consideration in the determination of reduction of staff. SECTION 3 For purposes of this Article, "discipline" shall be Elementary (Grades PreK-6); Secondary Levels: a) English, b) Science, c) Mathematics, d) Social Studies, e) Foreign Language, f) Career and Occupational Education, g) Art, h) Music, i) Practical Arts, j) Physical Education, k) Guidance, l) Reading, m) Special Education, n) Media Services, o) Health, p) Psychologists q) ESL, r) Computer Specialist, s) METCO Counselor, t) Science Center, u) Speech & Language, and v) School Nurses. For the purposes of computing length of service or seniority within a discipline, the total seniority as defined in Section 2 applies. By November 1 each year, the administration shall forward to the Association a seniority list of all teachers with professional status within the disciplines set forth above. Individuals teaching in more than one discipline will be listed in both disciplines. This list will be posted in school buildings. Should an individual choose to challenge his/her seniority status, written notice detailing the challenge will be sent to the Superintendent and the Association within twenty (20) days of the posting of the seniority list. Within twenty (20) days of the receipt of the challenge, the Association's representative shall meet with the Superintendent to resolve the challenge. If it becomes the School Committee and Association are unable to resolve the challenge, the matter shall be submitted to Expedited Arbitration. Members of the Unit B will be listed on the seniority list in the appropriate discipline. SECTION 4 Except in unforeseen circumstances, a teacher with professional teacher status so affected by a reduction in staff shall be notified by April 15 of the school year preceding the school year in which the reduction is to take place. SECTION 5 A teacher with professional teacher status whose position is eliminated after June 30, 1990, shall be allowed to transfer to an open position in a discipline which he/she has taught for one (1) semester within the three (3) years immediately prior to the elimination of his/her teaching position or for which he/she holds a valid Massachusetts Teaching License provided that a licensed teacher with fewer than thirty-six (36) credits in the certificate area may be required to take coursework during the next twenty-four (24) months to bring that teacher up to the thirty-six (36) credit level. By March 15 of each year, the Assistant Superintendent for Human Resources shall cause a list of those positions known to be open positions and those positions held by teachers without professional status to be posted at his/her office and in each school and provided to the President of the Association. Teachers in danger of being laid off or those on the recall list shall be given the opportunity to apply by April 1 for any such position to which they feel they might be entitled. If later openings occur, they will be added periodically to the posting, and the President of the Association shall be notified. An open position is defined as a position to which a teacher with professional status now employed by the system is not assigned. Personnel entering Unit B on or after September 1, 1982, who have not previously been members of Unit A, in case of layoff or termination from a Unit B position, can fill either an open position in Unit A or a position held by a teacher without professional status. SECTION 6 If subsequent vacancies occur or if new positions are added or old positions reinstated which persons on layoff previously performed, the personnel laid off within the prior fifteen (15) months by the Xxxxxxx Public Schools under the foregoing provisions will be recalled in inverse order of layoff to the previous discipline except that in the Foreign Language, Science, Social Studies, and Special Education disciplines, recall will be in inverse order to the previous assignment, or to a subject the teacher has previously taught within the most recent discipline in Needham and in which the teacher is licensed. If a teacher with professional teacher status is recalled to another discipline, the assignment and transfer Article 8, Section 4, will govern. If a teacher is recalled under these provisions, previously accrued time in Xxxxxxx will be credited for the purposes of determining the seniority of the teacher, and any previously unused sick leave shall be credited to the teacher, and all contractually accrued rights or benefits shall be retained. SECTION 7 Teachers released under the provisions of this Article shall be given initial consideration on the substitute list if they choose to be so recorded. SECTION 8 If necessary to lay off tenured teachersprovide for continuity of coverage for health insurance, they payments for July and August shall be deducted from the final pay check. SECTION 9 Teachers with professional teacher status who are released from the School System under this Article will be placed on an involuntary leave of absence for the recall period unless the teacher requests a dismissal. SECTION 10 For purposes of reduction in force, nurses with more than three (3) consecutive school years of service are in two categories: 1) nurses assigned to the preschool and elementary school level; 2) nurses assigned to the middle and high school level. Nurses shall be laid off in the inverse order of their seniorityseniority within each of these two categories. An appropriate seniority list If subsequent vacancies occur or if new positions are added or old positions reinstated which persons on layoff previously performed, the nurses laid off within the prior fifteen (15) months by the Xxxxxxx Public Schools will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingrecalled in inverse order of layoff. The seniority list will be developed from the last date notice provisions of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board 4 and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflictof Sections 7, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary8, and 9 will apply.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any If the Committee decides that a reduction in the number of staff in any category of administrator covered by this contract is necessary, the district will first attempt to meet its needs through attrition. If neither attrition not a voluntary transfer resolve the need to reduce the number of persons covered by this contract, the superintendent shall determine which administrator(s) shall be reduced and placed on a recall list based upon the evaluations of the administrator(s) in the affected categories. In the event that performance as identified by recent evaluations is relatively equal, seniority (understood to be the length of time in an administrative capacity in the Stoneham schools) shall be the determining factor. An administrator with prior teaching service in Stoneham shall be deemed to hold seniority for all prior teaching service within the teachers’ bargaining unit unit, shall earn pro-rated teaching service for any pro-rated teaching as a result member of budgetary actions or curriculum and/or the administrative organizationunit, every effort and will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that timein the event they exercise their right to return to the bargaining unit. A countywide list of all certificated personnel employed as of July 1 of each year Recall rights to the administrative position shall be compiled and available upon request of FCTA. The list will indicate name, retained for two years from the effective date of first employment, date layoff unless sooner terminated under the following subsection. Recall rights shall terminate with a rejection of current employment and department and location code. C. Teachers on layoff a recall offer. Recall rights shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten terminate unless within seven (107) calendar days after receipt of notification a recall notice the person notified the Superintendent of his/her acceptance and reports for work. Recall offers shall be sent by certified mail to a person’s last address of record at the Office of the vacancy Superintendent of Schools and shall be deemed to have been received not more than four calendar days following date of posting. Upon recall, all rights of the Agreement and benefits to which a person was entitled at the time of his/her layoff commenced, including unused accumulated sick leave, will be restored to the person upon his/her return. In addition: 1. A recalled person shall advance to the next step of the salary schedule upon being recalled. 2. A person who exercises his/her recall rights and resumes employment in the Stoneham Public Schools shall be credited with all benefits and privileges that he/she was entitled to as of the date of the layoff. 3. A recalled person will be assigned to whether the same or similar position, if available, which he/she held at the time of commencement of the layoff assuming that, if it is not the position will be accepted. The teacher may decline from which the first offer of employment. If person was laid off, the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list person is qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyposition. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article4. If such rulings or regulations cause any provisions the Superintendent determines that the most senior individual to be recalled does not possess the required qualifications in conflictthe job description for the vacant position, the parties reasons for that determination shall meet within ten (10) days for be given in writing to the purpose of renegotiating only individual with a copy to the provision(s) held to union president. Such determination may be contrarygrieved as outlined below.

Appears in 1 contract

Samples: Contract Agreement

REDUCTION IN FORCE. A. 12.1 Staff will not be reduced arbitrarily, capriciously, or without basis in fact. 12.2 When layoff is necessary under this Article XII, teachers with the least seniority shall be laid off; provided, the teachers who remain are licensed for the teaching positions that remain. 12.3 When all considerations are substantially equal, retention preference shall be given to teachers with greater length of service in the District. Length of service shall begin to accrue as of the date of employee’s most recent period of continuous employment in the District as a teacher. Length of service shall exclude periods of unpaid leaves of absence. 12.4 In any the event of a proposed reduction in force, the bargaining unit Association, after notification, shall have the opportunity to discuss the proposed reduction with the Superintendent and the School Board to make recommendations. 12.5 The Association and the teacher or teachers involved will be notified of any intended reduction in staff as a result early as is feasible. The Board and administration will make such notification before April 15th of budgetary actions or curriculum and/or administrative organizationthe school year unless the annual meeting is moved forward, every effort and then notification will be made up to transfer affected teachers two weeks after the meeting. In the event that federal funding is reduced or unanticipated enrollment declines occur, the Board reserves the right to other similar positions reduce staff at any time up to and including July 1st of the calendar year in which the reduction is proposed to take place. 12.6 In the event that any eliminated teaching position is reinstated within a two year period following the date of its elimination, or there is a vacancy within the school system where vacancies exist individual’s licensure/endorsements, laid off teachers who have notified the office of the Superintendent in writing of their interest in maintaining an active employment file on or before February 15, will be recalled in order of seniority. If a teacher fails to respond within 10 calendar days, s/he will be deemed to have refused the position offered and for which the affected teachers are certified. B. If no similar waived all recall rights. A list of open positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list District will be made available for inspection when a tenured teacher has been upon request by teachers being laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in under this Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codeXII. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in force (RIF) in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system FCPS where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers teachers, and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave leave, and on layoff shall continue to accrue seniority during that time. A countywide county-wide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment employment, and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers Teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there where: 1. There are no teachers on the priority recall list qualified to fill the vacancy or (b) all vacancy, or 2. All qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force RIF shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A. In any reduction A district wide seniority list of paraeducators based on the length of continuous service in the bargaining unit as a result Stamford School System shall be established. This list shall be generated when reduction of budgetary actions or curriculum and/or administrative organization, every effort will staff is necessary. Length of service shall be made to transfer affected teachers to other similar positions within from the date the paraeducator was employed by the school system where vacancies exist and for which system. Paid leaves granted in this Agreement with the affected teachers are certifiedBOARD shall not be deducted from the paraeducator’s length of service record. Unless otherwise prohibited by law, unpaid leave shall be deducted from the paraeducator’s length of service record. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers Reductions in force shall be made from within the subjects and/or grade levels affected will classifications of paraeducator. The criteria to be laid off or separated from the active employment rolls prior to tenured teachers utilized in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they determining who shall be laid off in the inverse order from either of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence these classifications shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum consist of three (3) yearsparts: 1. Highest rank goes to a paraeducator who has earned a BS or BA degree, then a paraeducator in possession of an AA or AS degree, then a paraeducator who has earned 60 college credits or passed the ParaPro Assessment. 2. Seniority of the paraeducator within the Bargaining Unit. 3. Written evaluations of the paraeducator as called for in Article 11(A) and/or the unique needs of the potentially affected positions. 4. Paraeducator’s attendance record over his/her entire term of employment, except that no more than the most recent five (5) year period shall be considered. A paraeducator who is displaced from one classification in a reduction in force may displace a less senior paraeducator in the other classification if displacement is warranted by application of the criteria in Article 14(B). C. Each paraeducator to be laid off pursuant to the above shall receive at least thirty (30) days’ notice prior to the effective date. D. ASSOCIATION representatives will serve as observers in both the lay-off and rehiring process and will serve as observers in the determination of transfers and assignments that may result from such lay-offs or rehiring. E. While a layoff continuesWhen there is an increase in positions following such lay-offs or positions become available through natural attrition, no new teachers the paraeducators who have been laid off shall be hired except offered reemployment based upon the criteria listed in those unique circumstances where (aARTICLE 14(B) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyabove. F. Any layoff due Pending possible return to reduction in force the employ of the BOARD, the following benefits shall not be subject to any dismissal procedure required elsewhere in this Agreementfrozen: accumulated sick time and the salary step. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leaveA RIF’d paraeducator whose name appears on the list will be eligible for reemployment only until September 1st of the 3rd year after the effective date of his/her layoff. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any If in the sole judgement of the Board, it determines to make a reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organizationforce, every effort then reduction by attrition will be made used to transfer affected teachers to other similar positions the extent possible. If further reductions are required, limited contracts shall be suspended in accordance with seniority within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsteaching certification area affected. If it becomes necessary to lay off tenured teachersreduce further after all limited contracts in a certificated area have been suspended, they then continuing contracts shall be laid off suspended in accordance with seniority within the inverse order teaching certification area affected. For purposes of their senioritya reduction in force and, until the 2018-19 school year, all teacher evaluations shall be deemed comparable. B. Displacement rights for those teachers whose contracts are suspended shall be exercised, with no teacher holding a limited contract exercising displacement over a teacher with a continuing contract. An appropriate seniority list Displacement shall be limited to a teacher's area of certification/license. Additionally, when exercising displacement rights, the teacher shall only be able to displace the least senior teacher in his/her area of certification/license. When displacement is complete, the district will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. suspend contracts as specified in Section A. above. C. The seniority list will be developed from superintendent shall give notice of the last date of employment and furnished intent to recommend action to reduce staff to the Association. If there is a tie, Association and the affected teachers at least fifteen (15) calendar days prior to such action of the Board. D. Teachers whose contracts have been suspended shall be recalled within a certificated area on the following basis: 1. Teachers having continuing contracts by seniority. 2. Teachers having limited contracts by seniority. E. A teacher whose continuing contract is suspended will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave the right to restoration to continuing service status if and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codewhen teaching positions for which he/she is certified become available. C. Teachers on layoff F. Any teacher whose limited contract is suspended pursuant to this section of the contract shall be placed on a priority recall list for reemployment for twenty-four (24) months after the effective date of the suspension. If a vacancy occurs in accordance with such a teacher's area of certification, he/she will be offered the vacancy before outside applicants are considered. G. Teachers placed on the recall list are responsible for maintaining accurate information concerning their senioritywhereabouts including the address and phone number where the Board may send a notice of recall. Additionally, it is the teacher’s responsibility to provide updated information regarding renewal and any new endorsements/areas on his/her certification/license. The teachers shall be recalled as vacancies become available in accordance with their position Board has fulfilled its responsibility herein by sending a written notice of vacancy to a teacher on the list and their certification for said vacancies. D. When vacancies become availableby certified mail at the last address left by the teacher. Unclaimed, the teacher will be notified refused or non-deliverable notices, as well as failure to respond within five (5) calendar days of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification delivery of the vacancy as to whether or not notice shall constitute refusal for assuming the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due H. Teachers who are on the recall list shall be entitled to remain on the Board insurance plans as provided by rights established in COBRA. The Board shall provide the required information of such rights, including the necessary procedures to provide monthly payment(s) to the Board Treasurer or designee. I. The language contained in this Article shall supersede in its entirety those provisions for reduction in force shall not be subject to any dismissal procedure required elsewhere in this AgreementOhio Revised Code 3319.17. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A. SECTION 1 In any the case of reduction in teaching staff, a teacher with professional teacher status shall not be dismissed if there is a teacher without professional teacher status employed whose position the bargaining unit teacher with professional teacher status is qualified to fill. a) Inasmuch as a result of budgetary actions or curriculum and/or administrative organizationpossible, every effort normal attrition will be made used whereby teachers who retire or resign will not be replaced if there are fully qualified teachers available who are capable to transfer affected teachers fill the position and who would otherwise be subject to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedlayoff. B. If no similar positions b) Teachers who are available, rehired retirees, provisionally certificated not under regular contract or who are on temporary status (e.g. teachers and non- tenured teachers filling in the subjects and/or grade levels affected for leaves of absence or long-term substitutes) will be laid off first, provided there are fully qualified permanent teachers available who are capable of performing all the duties of the teachers to be laid off under this Section. SECTION 2 If a reduction in staff results in the layoff of a teacher, indicators of job performance, including overall ratings resulting from comprehensive evaluations and the best interest in the students shall be the primary factors in determining the order in which the layoff of teachers shall occur within the separate groups of teachers with professional teacher status and teachers without professional teacher status. In addition, other such factors, including the professional training and background and competency, shall be reviewed and considered. If the above factors are equal, the most junior teacher(s) within their discipline shall be laid off first. Effective 9/1/82, *Seniority is defined as the number of years and days /182 (183 effective the first day of school 2017) in Unit A or separated from Unit B of the active Xxxxxxx Public Schools. Part-time employment rolls shall receive pro rata seniority credit, computed on the relationship of the part-time salary to a full-time salary. Seniority shall accumulate during paid leaves of absence. While seniority will not be broken during unpaid leaves of absence, there shall be no accumulation during that period of time. Time spent on an unpaid leave of absence will count toward seniority for a maximum of forty (40) days in a career. *Prior to September, 1982, a year of seniority is defined as a minimum of ninety (90) work days in a permanent, full or part-time professional position in the Needham Public Schools. In the event that two (2) or more individuals have the same seniority as of the beginning of any school year, their relative seniority shall be determined by their educational attainment as set forth in the salary schedule. The breaking of ties through the drawing of lots that has taken place prior to tenured 9/1/87 shall continue to remain in effect to determine the relative seniority of the teachers who drew the lots so long as their educational attainment as set forth in the salary schedule remains equal and the same as it were immediately prior to 9/1/87. Effective 9/1/87, teachers who enter Unit A with the same seniority and educational attainment as set forth in the salary schedule will immediately draw lots to establish their relative seniority and placement on the salary list. Other teachers with equal seniority will not draw lots if their educational attainment as set forth in the salary schedule becomes equal but, rather, teachers will remain in the same subjects and/or grade levelsrelative position on the seniority list as immediately before they were equal in educational attainment as set forth in the salary schedule. Except as otherwise provided in this Article, placement on the salary schedule shall not be a consideration in the determination of reduction of staff. SECTION 3 Draft - Awaiting SC 9/6/22 For purposes of this Article, "discipline" shall be Elementary (Grades PreK-6); Secondary Levels: a) English, b) Science, c) Mathematics, d) Social Studies, e) Foreign Language, f) Career and Occupational Education, g) Art, h) Music, i) Practical Arts, j) Physical Education, k) Guidance, l) Reading, m) Special Education, n) Media Services, o) Health, p) Psychologists q) ESL, r) Computer Specialist, s) METCO Counselor, t) Science Center, u) Speech & Language, and v) School Nurses. For the purposes of computing length of service or seniority within a discipline, the total seniority as defined in Section 2 applies. By November 1 each year, the administration shall forward to the Association a seniority list of all teachers with professional status within the disciplines set forth above. Individuals teaching in more than one discipline will be listed in both disciplines. This list will be posted in school buildings. Should an individual choose to challenge his/her seniority status, written notice detailing the challenge will be sent to the Superintendent and the Association within twenty (20) days of the posting of the seniority list. Within twenty (20) days of the receipt of the challenge, the Association's representative shall meet with the Superintendent to resolve the challenge. If it becomes the School Committee and Association are unable to resolve the challenge, the matter shall be submitted to Expedited Arbitration. Members of the Unit B will be listed on the seniority list in the appropriate discipline. SECTION 4 Except in unforeseen circumstances, a teacher with professional teacher status so affected by a reduction in staff shall be notified by April 15 of the school year preceding the school year in which the reduction is to take place. SECTION 5 A teacher with professional teacher status whose position is eliminated after June 30, 1990, shall be allowed to transfer to an open position in a discipline which he/she has taught for one (1) semester within the three (3) years immediately prior to the elimination of his/her teaching position or for which he/she holds a valid Massachusetts Teaching License provided that a licensed teacher with fewer than thirty-six (36) credits in the certificate area may be required to take coursework during the next twenty-four (24) months to bring that teacher up to the thirty-six (36) credit level. By March 15 of each year, the Assistant Superintendent for Human Resources shall cause a list of those positions known to be open positions and those positions held by teachers without professional status to be posted at his/her office and in each school and provided to the President of the Association. Teachers in danger of being laid off or those on the recall list shall be given the opportunity to apply by April 1 for any such position to which they feel they might be entitled. If later openings occur, they will be added periodically to the posting, and the President of the Association shall be notified. An open position is defined as a position to which a teacher with professional status now employed by the system is not assigned. Personnel entering Unit B on or after September 1, 1982, who have not previously been members of Unit A, in case of layoff or termination from a Unit B position, can fill either an open position in Unit A or a position held by a teacher without professional status. SECTION 6 If subsequent vacancies occur or if new positions are added or old positions reinstated which persons on layoff previously performed, the personnel laid off within the prior fifteen (15) months by the Xxxxxxx Public Schools under the foregoing provisions will be recalled in inverse order of layoff to the previous discipline except that in the Foreign Language, Science, Social Studies, and Special Education disciplines, recall will be in inverse order to the previous assignment, or to a subject the teacher has previously taught within the most recent discipline in Xxxxxxx and in which the teacher is licensed. If a teacher with professional teacher status is recalled to another discipline, the assignment and transfer Article 8, Section 4, will govern. Draft - Awaiting SC 9/6/22 If a teacher is recalled under these provisions, previously accrued time in Xxxxxxx will be credited for the purposes of determining the seniority of the teacher, and any previously unused sick leave shall be credited to the teacher, and all contractually accrued rights or benefits shall be retained. SECTION 7 Teachers released under the provisions of this Article shall be given initial consideration on the substitute list if they choose to be so recorded. SECTION 8 If necessary to lay off tenured teachersprovide for continuity of coverage for health insurance, they payments for July and August shall be deducted from the final pay check. SECTION 9 Teachers with professional teacher status who are released from the School System under this Article will be placed on an involuntary leave of absence for the recall period unless the teacher requests a dismissal. SECTION 10 For purposes of reduction in force, nurses with more than three (3) consecutive school years of service are in two categories: 1) nurses assigned to the preschool and elementary school level; 2) nurses assigned to the middle and high school level. Nurses shall be laid off in the inverse order of their seniorityseniority within each of these two categories. An appropriate seniority list If subsequent vacancies occur or if new positions are added or old positions reinstated which persons on layoff previously performed, the nurses laid off within the prior fifteen (15) months by the Xxxxxxx Public Schools will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingrecalled in inverse order of layoff. The seniority list will be developed from the last date notice provisions of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board 4 and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflictof Sections 7, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary8, and 9 will apply.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. In the event the Board determines the need for a Reduction in Force (RIF), the Administration shall meet with the Association to discuss the following: A. In any reduction in Reasons for the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made need to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.have RIF B. If no similar positions are available, rehired retirees, provisionally certificated teachers Verification of Seniority list C. Verification of RIF and non- tenured teachers recall procedures Reduction in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they Force Recall Procedures: A. Employees shall be laid off in the inverse order of their seniority. An appropriate seniority list will by position or job category. B. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the position thereby becoming available within a specific category of position shall be made available tendered to the employees so removed or dismissed from that category of position, so far as they are qualified to hold such positions. C. Employees shall be called back to work according to his/her placement on the Employee Recall Seniority list. X. Xxxxxxxxxxxxxxxxx on layoff, who have been offered reemployment for inspection when a tenured teacher has the position which they had been laid off and disputes a seniority ranking. The seniority list will have declined, shall be developed removed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsParaprofessional Recall Seniority list. E. While a The District shall not employ any non-district applicants to fill any vacant full- time or part-time positions in the category of position subject to layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers unless all qualified bargaining unit employees on the priority recall list qualified have been reinstated to fill the vacancy vacant position or (b) all qualified teachers on the priority recall list decline the offer declined reinstatement to fill the vacancy. F. Any layoff due to reduction in force Seniority shall not be subject to any dismissal procedure required elsewhere in this Agreementtracked separately by the following groups and include length of continuous service as a district employee. a. Library paraprofessionals b. Classroom, 1:1, and Instructional paraprofessionals G. Teachers recalled under these provisions shall have restored In the event district seniority is equal between employees the following procedures will be followed: a. Highest degree earned b. Previous work experience in the district x. Xxxx and time stamp upon the receipt of their letter of acceptance Nothing in the Article or any part of this Agreement is intended to them all previously accrued sick leave and personal leave. H. The restrict the sole authority of the Board to determine the financial necessity of service reduction, the form of the reduction, and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, duration of the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrarylayoff.

Appears in 1 contract

Samples: Educational Support Personnel Agreement

REDUCTION IN FORCE. A. In any 30-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the bargaining unit number of individuals whose employment must be terminated, and the areas within which such reductions in force will occur. 30-2 Subject to the determinations set forth in 30-1 above, the School District agrees to the following: (a) Teachers who volunteer to leave from the area or areas affected by the reduction in force will be the first to be reduced in force. (b) Any additional teachers to be reduced in force from the area or areas affected shall be reduced in force on the basis of districtwide seniority. 00-0 Xxxxxxxxxxxx seniority shall be defined as the total length of continuous service with the District for purposes of longevity payments. For all other purposes, seniority shall be the length of seniority in licensed service. The effective date in determining districtwide seniority shall be on the original date of employment with the School District except for employees whose employment has been terminated either voluntarily or involuntarily. If a terminated employee is rehired by the School District, the seniority date will be determined by the first date of hire after the termination unless the employee is rehired within one year, in which case the employee will retain seniority as of the original hire date. (a) “Date of employment” shall be defined as the first day the employee reported to work for pay in the Xxxxx County School District. (b) Teachers who are laid off may elect to be placed in a vacant support staff position in accordance with their qualifications provided that there are no support staff employees having priority for the vacant position. Teachers placed in a support staff position will be placed no higher than Step C of the range of the job classification depending upon their training and qualification. (c) Teachers who are laid off and do not receive a support staff position shall receive priority for substitute assignments at the current substitute rate of pay, and shall be on substitute status and will be employed in accordance with School District Regulation (Assignments: Substitute Teachers) and Policy (Employment of Substitutes and Part-Time Employees). 30-4 On or before November 1, the District shall publish a seniority list of teachers employed since January 1, 1980, and a copy of such seniority list shall be forwarded to the Association and to all schools. Once the list has been posted, teachers shall have twenty-one (21) working days from the date of such posting to challenge placement on the list. During the twenty-one (21) day challenge period, the District and the Association shall make every effort to resolve all challenges regarding date of employment and seniority ranking. When all challenges are resolved, the District and the Association shall certify, by signature, that the list is correct. Unresolved challenges may be processed under Article 4 only through grievance filed by the Association. Every employee shall have the opportunity to challenge the list one time only. Additions to the seniority list shall be made once annually to include teachers hired after October 21 of the previous school year. A list of these additions shall be posted not later than November 1 of the current year. Only teachers employed after October 21 of the previous school year shall be permitted to challenge their date of employment and seniority ranking during the specified challenge period of twenty- one (21) working days. In the event that more than one teacher has the same date of employment, relative seniority shall be determined by a lottery designed by the District after consultation with the Association. The seniority list shall include date of employment, seniority ranking, and areas of certification. A valid certificate on file with the Xxxxx County School District at the time a reduction in force is announced shall be used to determine employee status. 30-5 A seniority list of all employees shall be established within a reasonable period of time. The procedure established in 30-4 shall apply. The seniority list of all employees shall be updated by November 1 annually. 30-6 Teachers on leave of absence shall receive a certified letter, which will include date of employment, seniority ranking, and areas of certification on file. The letter will also tell teachers on leave of absence where seniority lists have been posted and the last date by which they can challenge placement. 30-7 Whenever possible, teachers who are to be laid off hereunder shall receive at least thirty (30) days written notice of such layoff. 30-8 Disputes regarding employees who have received written notice of an impending layoff as a result of budgetary actions or curriculum and/or administrative organization, every effort will a reduction in force shall be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedprocessed in an expedited manner. Disputes regarding recall shall also be handled in an expedited manner. B. If no similar positions are available, rehired retirees, provisionally certificated 30-9 Released teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list leave of absence with no obligation by the School District to rehire after the expiration of two (2) school calendar years. Each teacher placed on leave of absence as aforementioned shall be reinstated in accordance with their seniorityreverse order to reduction for new positions opening for which the teacher is certified and qualified. The School District shall notify teachers shall be recalled as placed on leave of absence of subsequent vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent certified mail to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If address registered by the teacher declines with the second offer of School District personnel office. 30-10 Teachers with less than full-time contracts shall not cause a position, reemployment rights shall teacher with a full-time contract to be forfeitedreduced in force even though the full-time teacher has less seniority. All Full-time teachers shall remain on the priority recall list for not cause a maximum of three (3) years. E. While teacher with less than a layoff continues, no new teachers shall full-time contract to be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction reduced in force shall not be subject to any dismissal procedure required elsewhere in this Agreementunless that teacher has less seniority than the full-time teacher. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 9.1 The Board reserves the right to reduce the number of staff members when, in its judgment, the best interest of the District shall be served by such action. The Board shall first remove or dismiss all probationary Teachers before dismissing tenured Teachers who are legally qualified to hold a position currently held by probationary Teachers. 9.2 In the event a reduction of tenured Teachers is necessary, the following order of reduction shall apply: A. In On or before February 1 annually, the Board shall publish a seniority list. Each Employee shall have until February 15th of each year to notify the Superintendent in writing of any reduction discrepancies in the seniority list. The list shall rank all Teachers in order of seniority in the district by certificate type, the number of years of seniority and the subject areas the Teacher is legally qualified to teach (as per Document 1). B. Teachers will automatically be placed on the appropriate seniority list in the subject areas the Teacher is currently teaching in and in which teaching certificates are currently registered. To achieve placement in other subject areas it shall be the obligation of the Teacher to apply and show proof of certification and qualification by the State Board of Education. C. A final seniority list will be published on or before March 1 of the school year. The list will not change between March 1 and February 1 of each year. 9.3 Seniority shall be defined as the number of consecutive years of continuous service to the District. The following criteria shall be used in determining District seniority: A. The Teacher shall begin accumulating District seniority upon earning tenure in the District. At that time the first day of pupil attendance of the school year in which the Teacher was initially employed shall be used in determining seniority. B. Continuous service shall begin from the first day of pupil attendance of the school year in which the Teacher was initially employed. C. Less than full-time consecutive years of employment shall be counted as continuous full time service. D. Approved leaves of absence paid or unpaid shall not interrupt the consecutive years of continuous service to the District; however, approved leaves of absence (paid or unpaid) shall not count when determining seniority. Any leave of absence (paid or unpaid) shall not count toward advancement on the salary schedule. E. If a Teacher resigns and is subsequently re-employed the Teacher shall begin accumulating district seniority upon earning tenure in the district. At that time, the first day of pupil attendance of the school year in which the Teacher was re- employed shall be used in determining seniority. F. A Teacher who is promoted out of the bargaining unit and subsequently returns to the bargaining unit without a break in service shall have seniority computed from their first day of original employment while tenured. 9.4 If the District seniority is equal between two or more Teachers as a result determined above, the following criteria shall be used in determining which Teacher(s) shall be honorably dismissed by the Board: A. Seniority shall be determined by the total number of budgetary actions years of teaching service to the District regardless of whether or curriculum and/or administrative organizationnot the service is continuous. In determining total years of service to the District, every effort will factors concerning leaves of absence, less than full-time employment, and resignation shall be made to transfer affected teachers to other similar positions within determined as in the school system where vacancies exist and for which the affected teachers are certifiedcase above. B. If no similar positions are availablethe total years of service to the District as determined above is equal, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they then seniority shall be laid off in determined by the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingTeacher's approved position on the salary schedule. The seniority list will be developed from Teacher with the last date of employment and furnished to highest salary (approved horizontal position) shall have the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued most District seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers If the total years of service to the District and the approved horizontal positions on layoff the salary schedule are equal District seniority shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on determined by the list and their certification for said vacancies. D. When vacancies become available, Superintendent based upon the teacher will be notified most recent yearly evaluation of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsTeachers involved. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. 18-1 The board may, upon giving written notice, refuse to re-employ any teacher for the next contract year due to a justifiable decrease in teaching positions due to decreased enrollment, district reorganization or lack of funding; provided there is consultation with association prior to the decision to make any such reductions.‌ 18-2 On or about October 30th of each year, the superintendent will provide the association with a list showing the seniority of each teacher employed by the board, their areas of certification and courses taught and will thereafter, promptly notify the association of any changes in said list. The superintendent will at all times have posted in his office a current list which will be available for inspection during regular working hours by any teacher and/or the association.‌ 18-3 In any the event such justifiable reductions in force are made, reductions shall first be made among teachers with less than two years of service within the Mineral County School District. With respect to reduction in force the bargaining unit principle of seniority within the District shall govern, provided that qualifications are relatively equal, and provided further that no teacher qualified to teach a particular assignment or grade level as a result evidenced by the Nevada State Board of budgetary actions Education shall be replaced by another teacher not qualified for such assignment or curriculum and/or administrative organization, every effort grade level as prescribed above.‌ 18-4 Any post-probationary teacher (employee) in good standing at the time of being laid off for the reasons stated in section 18-1 who wants to be considered for recall will be made notified for a period of up to transfer affected teachers two (2) years following the effective date of the layoff that the District intends to other similar positions within the school system where vacancies exist and fill a vacancy for which the affected teachers are teacher is certified. B. . An employee desiring such notification is required to provide the District a written request at the time of the layoff, including forwarding address and personal email address. The employee is solely responsible for keeping the District informed in writing of any future change of addresses. The employee must respond in writing within fourteen (14) days of the date the District sends the notice of the vacancy (via certified mail and personal email) to the most current forwarding address provided by the employee. If the response is received within the above fourteen (14) day time frame, the District will give preference to the former employee with the most prior service with the District over similarly qualified candidates from inside and outside of the District if the former employee meets all qualifications for the position, i.e. remains certifies for the position, and remains in good standing with the Mineral Country School District, any interim school districts where the employee was employed during the period of the layoff and the Nevada Department of Education. If no similar positions timely request for re-employment is received within fourteen calendar days of the date of mailing or emailing the notification(s), the District may immediately refill the position from qualified applicants from within or outside the District.‌ 18-5 All benefits to which an employee was entitled at the time of layoff will be restored upon return to active employment including but not limited to accumulated sick leave, seniority and salary placement, subject to no restoration of sick leave that was paid off‌ pursuant to Article 10-1-8 and subject to transfer of sick leave between Nevada school districts in accordance with Nevada Law.‌‌‌‌‌‌ ARTICLE XIX-SALARY SCHEDULE‌ 19-1 These headings shall be retained for continued placement on the salary schedule for those hired prior to the 2021-2022 school year. This will grandfather their placement on the schedule such that the changes in credits do not move those hired prior to the 2021-2022 school year to a lessor column.‌ 2021-2022 Salary Schedule‌‌ I* II* III* IV* V* YRS EXP. BA BA +20 Credits BA +34 Credits BA +48 Credits BA +72 Credits 21-22 with 2.5% raise MA MA +24 Credits Current Columns are available, rehired retirees, provisionally certificated teachers and non- tenured teachers grandfathered prior to 2021-22 ** Keep refernce of column headings for hires prior to 21-22 0 $ 39,032.50 $ 40,593.79 $ 42,155.08 $ 43,716.37 $ 45,277.66 1 $ 40,593.79 $ 42,155.08 $ 43,716.37 $ 45,277.66 $ 46,838.95 2 $ 42,155.08 $ 43,716.37 $ 45,277.66 $ 46,838.95 $ 48,400.24 3 $ 43,716.37 $ 45,277.66 $ 46,838.95 $ 48,400.24 $ 49,961.53 4 $ 45,277.66 $ 46,838.95 $ 48,400.24 $ 49,961.53 $ 51,522.82 5 $ 46,838.95 $ 48,400.24 $ 49,961.53 $ 51,522.82 $ 53,084.11 6 $ 48,400.24 $ 49,961.53 $ 51,522.82 $ 53,084.11 $ 54,645.40 7 $ 49,961.53 $ 51,522.82 $ 53,084.11 $ 54,645.40 $ 56,206.70 8 $ 51,522.82 $ 53,084.11 $ 54,645.40 $ 56,206.70 $ 57,767.99 9 $ 53,084.11 $ 54,645.40 $ 56,206.70 $ 57,767.99 $ 59,329.28 10 $ 54,645.40 $ 56,206.70 $ 57,767.99 $ 59,329.28 $ 60,890.57 11 $ 56,206.70 $ 57,767.99 $ 59,329.28 $ 60,890.57 $ 62,451.86 12 $ 57,767.99 $ 59,329.28 $ 60,890.57 $ 62,451.86 $ 64,013.15 13 $ 57,767.99 $ 60,890.57 $ 62,451.86 $ 64,013.15 $ 65,574.44 14 $ 57,767.99 $ 62,451.86 $ 64,013.15 $ 65,574.44 $ 67,135.73 15 $ 57,767.99 $ 64,013.15 $ 65,574.44 $ 67,135.73 $ 68,697.02 16 $ 57,767.99 $ 65,574.44 $ 67,135.73 $ 68,697.02 $ 70,258.31 17 $ 57,767.99 $ 67,135.73 $ 68,697.02 $ 70,258.31 $ 71,819.60 18 $ 57,767.99 $ 68,697.02 $ 70,258.31 $ 71,819.60 $ 72,332.10 19 $ - $ 68,697.02 $ 71,819.60 $ 73,380.89 $ 73,893.39 20 $ - $ 68,697.02 $ 73,380.89 $ 74,942.18 $ 75,454.68 21 $ - $ 68,697.02 $ 74,942.18 $ 76,503.47 $ 77,015.97 22 $ - $ 68,697.02 $ 74,942.18 $ 78,064.76 $ 78,577.26 23 $ - $ 68,697.02 $ 74,942.18 $ 79,626.05 $ 80,138.55 24 $ - $ - $ 74,942.18 $ 81,187.34 $ 81,699.84 25 $ - $ - $ 74,942.18 $ 82,748.63 $ 83,261.13 26 $ - $ - $ 75,454.68 $ 83,261.13 $ 83,773.63 27 $ - $ - $ 75,454.68 $ 83,261.13 $ 83,773.63 28 $ - $ - $ 75,967.18 $ 83,773.63 $ 84,286.13 29 $ - $ - $ 75,967.18 $ 83,773.63 $ 84,286.13 30 $ - $ - $ 76,479.68 $ 84,286.13 $ 84,798.63 YRS EXP. BA BA +20 Credits BA +34 Credits BA +48 Credits BA +72 Credits 22-23 with 2.0% raise MA MA +24 Credits Current Columns are grandfathered prior to 2021-22 ** Keep refernce of column headings for hires prior to 21-22 0 $ 39,813.15 $ 41,405.67 $ 42,998.18 $ 44,590.70 $ 46,183.22 1 $ 41,405.67 $ 42,998.18 $ 44,590.70 $ 46,183.22 $ 47,775.73 2 $ 42,998.18 $ 44,590.70 $ 46,183.22 $ 47,775.73 $ 49,368.25 3 $ 44,590.70 $ 46,183.22 $ 47,775.73 $ 49,368.25 $ 50,960.76 4 $ 46,183.22 $ 47,775.73 $ 49,368.25 $ 50,960.76 $ 52,553.28 5 $ 47,775.73 $ 49,368.25 $ 50,960.76 $ 52,553.28 $ 54,145.80 6 $ 49,368.25 $ 50,960.76 $ 52,553.28 $ 54,145.80 $ 55,738.31 7 $ 50,960.76 $ 52,553.28 $ 54,145.80 $ 55,738.31 $ 57,330.83 8 $ 52,553.28 $ 54,145.80 $ 55,738.31 $ 57,330.83 $ 58,923.34 9 $ 54,145.80 $ 55,738.31 $ 57,330.83 $ 58,923.34 $ 60,515.86 10 $ 55,738.31 $ 57,330.83 $ 58,923.34 $ 60,515.86 $ 62,108.38 11 $ 57,330.83 $ 58,923.34 $ 60,515.86 $ 62,108.38 $ 63,700.89 12 $ 58,923.34 $ 60,515.86 $ 62,108.38 $ 63,700.89 $ 65,293.41 13 $ 58,923.34 $ 62,108.38 $ 63,700.89 $ 65,293.41 $ 66,885.93 14 $ 58,923.34 $ 63,700.89 $ 65,293.41 $ 66,885.93 $ 68,478.44 15 $ 58,923.34 $ 65,293.41 $ 66,885.93 $ 68,478.44 $ 70,070.96 16 $ 58,923.34 $ 66,885.93 $ 68,478.44 $ 70,070.96 $ 71,663.47 17 $ 58,923.34 $ 68,478.44 $ 70,070.96 $ 71,663.47 $ 73,255.99 18 $ 58,923.34 $ 70,070.96 $ 71,663.47 $ 73,255.99 $ 73,778.74 19 $ - $ 70,070.96 $ 73,255.99 $ 74,848.51 $ 75,371.26 20 $ - $ 70,070.96 $ 74,848.51 $ 76,441.02 $ 76,963.77 21 $ - $ 70,070.96 $ 76,441.02 $ 78,033.54 $ 78,556.29 22 $ - $ 70,070.96 $ 76,441.02 $ 79,626.05 $ 80,148.80 23 $ - $ 70,070.96 $ 76,441.02 $ 81,218.57 $ 81,741.32 24 $ - $ - $ 76,441.02 $ 82,811.09 $ 83,333.84 25 $ - $ - $ 76,441.02 $ 84,403.60 $ 84,926.35 26 $ - $ - $ 76,963.77 $ 84,926.35 $ 85,449.10 27 $ - $ - $ 76,963.77 $ 84,926.35 $ 85,449.10 28 $ - $ - $ 77,486.52 $ 85,449.10 $ 85,971.85 29 $ - $ - $ 77,486.52 $ 85,449.10 $ 85,971.85 30 $ - $ - $ 78,009.27 $ 85,971.85 $ 86,494.60 The method to calculate a change in the subjects and/or grade levels affected schedule will be laid off or separated to apply the % change to each amount. ARTICLE XIX-SALARY SCHEDULE (cont)*‌‌‌ 19-2 SALARY ADVANCEMENT (cont.)‌‌‌ *The units referred to as “plus” as in “BA +20” means credits achieved after completion from an accredited teacher preparation program qualifying the candidate for all minimum requirements for Nevada licensure. The units referred to as MA +24 must be credits earned after the conferred master degree.‌ Approved Continuing Education Units (CEUs) will be accounted as 15 contact hours of CEUs will equal one (1) credit on the salary schedule. Approved CEUs may be from the active employment rolls prior to tenured teachers in Nevada Department of Education list of approved providers, accredited colleges and universities, Nevada RPDP, approval by the same subjects and/or grade levelsSuperintendent (for example, nursing, counselling, and CTE), or district inservice. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order A list of their seniority. An appropriate seniority list approved providers will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from maintained by the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff district.‌ All employees shall be placed on a priority recall list in accordance the appropriate step and column commensurate with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list current years of experience and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.education level.‌‌

Appears in 1 contract

Samples: Professional Negotiation Agreement

REDUCTION IN FORCE. A. In any reduction 1. For the purpose of this agreement seniority shall be defined as length of continuous service in the Harvard Public Schools measured from the first day for which compensation was received. Effective September 1, 2003, for bargaining unit as members who are employed less than full time in the Harvard Public Schools, seniority shall be measured on a result prorated basis according to the percentage of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifieda full time position. B. If no similar positions are availablea. Paid leaves of absence shall count toward the accrual of seniority. b. Approved unpaid leaves of absence of fewer than forty-one (41) consecutive working days shall be counted toward the accrual of seniority. c. Approved unpaid leaves of absence of longer than forty (40) days shall not constitute a break in service, rehired retirees, provisionally certificated teachers and non- tenured teachers in but time spent on such leave shall not count toward accrual of seniority. 2. In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event that it becomes necessary to lay off tenured teachersreduce the number of teaching positions in the Harvard Public Schools, they no teacher with professional teacher status shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If if there is a tieteacher without professional teacher status serving in a position for which the teacher with professional teacher status is qualified, the affected teachers will have seniority calculated as defined in Section 4c. of this Article. 3. If in the application of this Article Iit is necessary to determine the seniority order of two or more teachers with the same seniority credits, Section B.7the following procedure shall apply in the following order: a. A full-time teacher shall be deemed senior to a part-time teacher. b. The teacher with the most experience as a substitute teacher in the discipline shall be deemed senior to the other employees. c. A lottery shall be conducted in the presence of the Superintendent of Schools and the President of the Association, or their designees, to determine the order of seniority among such employees. 4. Teachers on In the event that layoffs of teachers with professional teacher status become necessary, the following procedures shall be employed: a. Each administrator/supervisor responsible for the evaluation of teachers within a specific discipline area will determine each year whether any individual in that area is not performing at a proficient level. This judgment will then be reviewed by the Superintendent. If the Superintendent upholds the judgment, a teacher so identified will be notified in writing by the teacher’s immediate supervisor not later than November 1. Such notification will include an unpaid leave explanation of absence shall retain accrued the RIF evaluation process and a listing of the specific areas within which the teacher is considered deficient with specific suggestions for improving performance. The teacher may, at the teacher’s election, submit a letter of rebuttal or explanation. Neither the notification nor response will become a part of the teacher's permanent record at the time. This notification does not mean that teachers so notified will definitely be RIFFed but only that they are at risk of being exempted from seniority. Teachers on military leaveSubsequent to the identification and notification of a teacher whose performance in the Harvard Public Schools has been judged less than satisfactory, Association leave continued close supervision and on layoff shall continue evaluation of the teacher will be carried out by both the teacher’s immediate supervisor and at least one additional administrator designated by the Superintendent. By April 1 the teacher's overall performance will be reevaluated. If after the second evaluation (and review by the Superintendent) the teacher's performance continues to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become availableless than satisfactory, the teacher will be notified placed at the bottom of the vacancy by phone and email sent seniority list regardless of actual years of service. Upon return to satisfactory performance the last known addressaffected employee shall be restored to their regular place on the seniority list. b. In making a decision regarding the layoff or reduction in force of an employee(s), the Superintendent shall consider the employees’ qualifications. The teacher so notified criteria for determining qualification shall notify include: (1) Indicators of job performance, including ratings on evaluation; however, no distinction shall be made between proficient and exemplary ratings: (2) Prior successful teaching experience in the responsible administratordiscipline area(s) and subject area(s); (3) Major and minor fields of college study (as shown by official transcripts); (4) Recent college-level course work in the discipline’s subject area(s); and (5) Related experience outside the field of education. Seniority shall be used as a tie-breaker in this section among teachers whose qualifications are no different. In addition to considering the qualification of employees as described above, the Superintendent or a designee shall consider the best interests of students in writingthe school or district to determine who shall be laid off. c. If there is a dispute concerning the determination of qualifications made under the provisions of Section b. above, in then a joint committee, consisting of two (2) Committee members and two (2) Association members (appointed by the HTA President) shall review the decision and shall attempt to resolve the dispute. In the event that the joint committee cannot more than ten reach agreement, the matter will be referred to expedited arbitration pursuant to Part 12 of this provision. d. For purposes of this provision, discipline areas shall be as follows: (1) Pre-K (2) Elementary K-5 (3) English/Language Arts 6 - 12 (4) Foreign Language 6 - 12 (5) Instructional Technology (6) Mathematics 6 - 12 (7) Science 6 - 12 (8) Social Studies 6 - 12 (9) Art K - 12 (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three School Counselor/School Psychologist K - 12 (311) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where Health K -12 (a12) there are no teachers on the priority recall list qualified to fill the vacancy or Librarian K - 12 (b13) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Music K -12

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction No tenured teacher (as defined in the bargaining unit as CGS § 10-151(b), (c)) shall be laid off when a result of budgetary actions position exists which is either vacant or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist occupied by a non-tenured teacher or teacher holding a Durational Shortage Area Permit (DSAP) and for which the affected teachers are tenured teacher is certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- No non-tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they teacher shall be laid off when a position exists which is occupied by a teacher holding a DSAP for which the tenured teacher or non-tenured teacher is certified. C. Non-tenured teachers in certification area that requires reduction in force shall be laid off before any tenured teacher. The factors governing the layoff order of non-tenured teachers shall be (1) performance and (2) length of service. D. When a reduction in force among the tenured teaching staff is required, said reduction shall be made in accordance with length of service within the affected area of certification. No tenured teacher shall be laid off if another tenured teacher within the area of certification affected has a shorter length of service. E. An administrator whose position is eliminated or who loses their position to another administrator shall be considered a teacher, and the criteria set forth in section (D) above shall determine whether the affected administrator is assigned a teaching position or laid off. F. Length of service shall mean the period of time last continuously employed by the Integrated Day Charter School in a position requiring certification. G. It is understood that a layoff is a termination of employment subject to administrative and/or judicial review in the manner set forth in the subsections of CGS § 10-151 and in no other manner. In the case of judicial review under those statutory provisions, the parties agree that the provisions of this article can and should be submitted to the court. H. The name of any employee who has been laid off shall be placed upon a reappointment list and remain on such list for one (1) year provided such teacher does not refuse a reappointment to a position equal in time to the position from which the teacher was laid off, and provided such teacher applies in writing by electronic mail for retention of their name on said list on or before June 1 of each year subsequent to their termination. I. Recall within certification area shall be in the inverse order of their senioritylayoff provided that the senior teacher is certified for the position to be filled. An appropriate seniority list will be made available for inspection when a tenured Any teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the reappointment list and their certification for said vacancies. D. When vacancies become availableshall receive a written offer of reappointment by electronic mail, the teacher will be notified of the vacancy by phone and email sent to the last known addresselectronic mailing address of the teacher, at least thirty (30) days prior to the date of reemployment. The teacher so notified shall notify accept or reject the responsible administrator, appointment in writing, in not more than writing (including by email) within ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employmentdays. If the teacher declines accepts the second offer appointment, the teacher shall receive a written contract at least fifteen (15) days prior to the effective date of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Articlepossible. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet teacher does not respond within ten (10) days of the appointment offer, the teacher shall be placed at the bottom of the reappointment list. If the teacher rejects the reappointment offer, the teacher shall be removed from the reappointment list. J. No new employee shall be hired to fill a position for which an employee on the reappointment list is certified for the purpose of renegotiating only the provision(s) held position to be contraryfilled. In cases where more than (1) one employee on the reappointment list is certified for a particular position to be filled, employees who previously achieved tenure in the employment of the IDGB shall be given preference. K. No employee who has been laid off shall be entitled to payment or accrual of any compensation or benefits, whether or not the teacher remains on the reappointment list. However, an employee who is reappointed from the list shall be entitled to reinstatement of their salary placement and any benefits earned or accrued at the time of layoff, and salary placement and benefits shall pick up where they left off. No years of layoff will be credited as years of service for compensation for retirement purposes. In the case of non-tenure teachers, prior service that is interrupted by more than one-half (1/2) year of layoff shall not be considered for compensation for retirement purposes.

Appears in 1 contract

Samples: Professional Services

REDUCTION IN FORCE. When the Board determines it is necessary to reduce the number of teaching positions because of decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, suspension of schools, and/or territorial changes affecting the District, or by reason of a substantial shortfall in anticipated revenue the following procedure shall apply: A. In any Any reduction will first be accomplished through attrition insofar as possible, i.e., the number of persons affected will be kept to a minimum by not employing replacements for teachers who retire, resign, or whose contracts are not renewed. The employment of replacements for some positions may be necessary, however, in the bargaining unit as event that teachers in the District do not possess the necessary certification and qualifications for a result of budgetary actions or curriculum and/or administrative organization, every effort will position that needs to be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedfilled. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers In the event further reduction in staff is considered necessary by the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieboard, the affected teachers will have seniority calculated as defined Board shall proceed to suspend contracts in Article I, Section B.7. Teachers on an unpaid leave accordance with the recommendations of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codethe Superintendent herein. C. Teachers Limited contracts shall be suspended before continuing contracts within each certified/licensed area. D. When suspending contracts, the Board shall not give preference to any teacher based on layoff seniority, except when making a decision between teachers who have comparable evaluations. Seniority shall be determined as the total number of years of continuous employment as a contract teacher with the District. Should two (2) teachers have identical dates of employment, the date the contract was signed shall determine the member with the most seniority. Should those dates be identical, then the date stamped on the application as received in the office of the Superintendent shall determine the member with the most seniority. Part-time service will accrue seniority based on time worked. E. When a reduction is made in any area, all teachers certified/licensed in that area must be considered in accordance with the provisions of this Agreement. No teaching certificate/license will be considered, however, unless on file with the Treasurer of the District. F. If the Board considers suspending a teacher's contract through reduction in force, the Superintendent will notify the affected teacher(s) in writing at the earliest practicable time but in no event less than thirty (30) days prior to formal action by the Board, that suspension of contract is being considered. Such initial notification will be in the following form. "This is to notify you that suspension of your contract of employment is under consideration due to reduction in staff." The notice shall also include a statement of why the teacher was selected. The Association President shall receive a copy of this notice. Upon request of the Association President, the Superintendent shall meet with the Association President to discuss the proposed reduction in force. If the Association believes the Board has violated this Article in implementing a reduction, it must file a grievance demanding arbitration within one (1) week of the Board's formal action. Such demand shall be treated as an appeal to arbitration under Step IV of Article VII, Section D of this Agreement and the parties immediately shall request a list of seven (7) arbitrators and make the selection per step IV of the grievance procedure. G. If a limited contract teacher is suspended because of reduction in force, that teacher's name will be placed on a priority recall list in accordance with their seniorityfor a period of two (2) years from the teacher's last payday. The Continuing contract teachers shall be recalled remain on the recall list until they are rehired, refuse re-employment as vacancies become a full-time teacher or a position equivalent to his/her previous position, resign, or do not respond within the time limit set forth in this Section. If a position becomes available in accordance with their position during that period, a qualified teacher on the list and shall be notified in writing by registered mail, sent to his last known address on school district records, keeping the address current being the teacher's responsibility. Seniority shall not be the basis for rehiring a teacher, except when making a decision between teachers who have comparable evaluations. Vacancies will not be posted until after open positions are offered to qualified teachers on the recall list. Teachers whose continuing contracts are suspended shall have their certification rights of restoration of continuing contract status when returning to the District. In determining whether a teacher is qualified for said vacancies. D. When vacancies become availablere-employment, the Board will employ in reverse order the same criteria it established to determine lay-off order. A written offer of recall shall be given by personal service on the teacher will be notified or by certified mail, return receipt requested and return of undelivered mail, return of mail not picked up at the vacancy by phone and email sent to the last known addresspost office within five (5) days. The teacher so notified shall notify will accept or reject the responsible administrator, appointment in writing, in not more than writing within ten (10) days after receipt of notification of or upon notice to the vacancy as Board that the letter was returned undelivered to whether or not the position will be accepted. The teacher may decline the first offer of employmentpost office. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflictappointment is accepted, the parties shall meet teacher will receive a written contract within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction 1. If the Board decides to decrease the number of employees or to discontinue some particular type of educational support service, the Board shall first dismiss, within the respective category of position, the employee with the least seniority, provided, however, that in the bargaining unit as event special qualifications and current evaluations for the employee exist for a result of budgetary actions or curriculum and/or administrative organization, every effort will particular position then a less senior employee may be made to transfer affected teachers to other similar positions within retained over a more senior employee. In such event the school system where vacancies exist more senior employee and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they union shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy reasons for retaining the less senior employee. The same factors shall also apply to a recall of employees. Employees who are removed or dismissed shall receive a written notice of honorable dismissal by phone certified mail, return receipt requested, in accordance with Section 10-23.5 of the School Code. 2. The Board and email sent the Union agree that a decision of the Board to decrease the number of employees or to discontinue some particular type of educational support service shall be solely the decision of the Board. 3. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the last known addressemployees so removed or dismissed from that category of position, so far as they are qualified to hold such positions. The teacher so notified positions shall be offered first to the laid off employees with greater seniority. To be eligible for recall, employees must notify the responsible administratorBoard, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) calendar days of the Board’s mailing of the notice of vacancy, or within five (5) calendar days of the employee’s receipt of the notice, whichever shall first occur, of the acceptance of any vacant position offered to the employee during the recall period. The employee’s failure to notify the Board of acceptance of any vacancy shall constitute rejection of the offer of employment. Any employee who rejects an offer of an available full-time position in any category of position in which he/she is qualified shall be deemed to have waived his/her recall rights under Section 10-23.5 of the School Code and will no longer be eligible for any other vacant position that becomes available during the recall period. In the case of employees whose position is being eliminated within the respective classification by district seniority, the affected employee shall be allowed to displace or “bump” the employee with the least district seniority in the next lowest classification provided they are qualified for the position as determined by the authorized administrator in charge and the employee in the next lowest classification has less district seniority. If no one in the next lowest classification has less district seniority than the employee whose position was eliminated, then the employee shall have the right to a position in the next lowest subsequent classification in the same manner as described above until such time as a position is secured or all classifications are exhausted. An employee displaced in the above procedure shall also have the right to a position in the manner as described above If the employee is released and recalled to a position within the time frame specified above, for the purpose of renegotiating only this section, it will not constitute a break in service and the provision(s) held to employees will not incur any loss in district seniority. 4. The creation of new categories of position shall be contrarywithin the inherent managerial authority of the Board and the impact of the new categories shall be negotiated with the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any When it is determined to reduce the number of professional teaching staff, the following procedure will be utilized: 1. As soon as a reduction in force is being considered by the bargaining unit as a result School Board, the President of budgetary actions or curriculum and/or administrative organizationthe Association shall be notified in writing, every effort will be made to transfer affected teachers to other similar positions within specifying the school system where vacancies exist and for which nature of the affected teachers are certifiedproposed reduction. B. 2. Reductions will first be accomplished by attrition: resignations, retirements, etc. 3. If no similar positions more reductions in force are availablenecessary, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will then part-time staff shall be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsoff. 4. If it becomes necessary to lay off tenured teachersfurther reductions are necessary, they then teachers shall be laid off in based on the inverse order following classifications: a. Grades K-5 b. Grades 6-8 c. Grades 9-12 (Business, English, Foreign Language, Home economics, Industrial Arts, Math, Science, Social Studies) d. Specialists, Grades K-12 by the following subject areas: Art, Music, P.E. Library/Media, Guidance, Nurses and Enrichment/Technology. e. Special Education (by areas of their seniorityCertification) 5. An appropriate seniority list Within these classifications, probationary teachers shall be laid off first. If further reductions are necessary, then teachers on continuing contract will be made available laid off. A continuing contract teacher is one who qualifies for inspection when notice, reasons, and a tenured teacher has been laid off and disputes a seniority rankingSchool Board hearing under the provisions of RSA 189:14a. The seniority list Among continuing contract teachers, the following criteria will be developed from utilized: Seniority, Certification, Academic and Professional Preparation, and Job Performance. Seniority is defined as the last date total years of employment and furnished uninterrupted service to the AssociationPelham School District within a bargaining unit position. If there is a tie, the affected teachers will have seniority calculated as defined Approved leave or transfers to non- bargaining unit positions shall not result in Article I, Section B.7. Teachers on an unpaid leave loss of absence shall retain previously accrued seniority. However, resignation shall terminate all previously accrued seniority. 6. If a teacher on continuing contract is determined to be laid off due to a reduction in force in his classification, said teacher will be considered for positions held by probationary teachers. B. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request recalled in reverse order of FCTAlayoff for any open position within the classification in which the layoff occurred. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The Only continuing contract teachers shall be recalled eligible for recall rights. The same conditions as vacancies become available in accordance with their position on the list and their certification for said vacanciesA.4 shall apply to recall. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address1. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new Laid off teachers shall be eligible for recall for a two year period following their final date of employment. 2. Teachers shall be responsible for notifying the Superintendent in writing of their current address. Recall notices shall be mailed certified, return receipt request. 3. Teachers shall have twenty (20) business days to respond to any recall notice. Failure to accept recall to a permanent full-time position shall terminate the teacher's rights under this Article. 4. No new employees shall be hired except in those unique circumstances where (a) for any vacancy within a classification while there are no teachers on the priority recall list qualified laid off personnel from those classifications available to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancythose positions. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. 5. Teachers recalled under these provisions shall have restored to them all previously retain previous seniority and other accrued contract benefits, such as accumulated sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any 30-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the bargaining unit number of individuals whose employment must be terminated, and the areas within which such reductions in force will occur. 30-2 Subject to the determinations set forth in 30-1 above, the School District agrees to the following: (a) Teachers who volunteer to leave from the area or areas affected by the reduction in force will be the first to be reduced in force. (b) Any additional teachers to be reduced in force from the area or areas affected shall be reduced in force on the basis of districtwide seniority. 00-0 Xxxxxxxxxxxx seniority shall be defined as the total length of continuous service with the District for purposes of longevity payments. For all other purposes, seniority shall be the length of seniority in licensed service. The effective date in determining districtwide seniority shall be on the original date of employment with the School District except for employees whose employment has been terminated either voluntarily or involuntarily. If a terminated employee is rehired by the School District, the seniority date will be determined by the first date of hire after the termination unless the employee is rehired within one year, in which case the employee will retain seniority as of the original hire date. (a) “Date of employment” shall be defined as the first day the employee reported to work for pay in the Xxxxx County School District. Teachers who are laid off may elect to be placed in a vacant support staff position in accordance with their qualifications provided that there are no support staff employees having priority for the vacant position. Teachers placed in a support staff position will be placed no higher than Step C of the range of the job classification depending upon their training and qualification. Teachers who are laid off and do not receive a support staff position shall receive priority for substitute assignments at the current substitute rate of pay, and shall be on substitute status and will be employed in accordance with School District Regulation (Assignments: Substitute Teachers) and Policy (Employment of Substitutes and Part-Time Employees). 30-4 On or before November 1, the District shall publish a seniority list of teachers employed since January 1, 1980, and a copy of such seniority list shall be forwarded to the Association and to all schools. Once the list has been posted, teachers shall have twenty-one (21) working days from the date of such posting to challenge placement on the list. During the twenty-one (21) day challenge period, the District and the Association shall make every effort to resolve all challenges regarding date of employment and seniority ranking. When all challenges are resolved, the District and the Association shall certify, by signature, that the list is correct. Unresolved challenges may be processed under Article 4 only through grievance filed by the Association. Every employee shall have the opportunity to challenge the list one time only. Additions to the seniority list shall be made once annually to include teachers hired after October 21 of the previous school year. A list of these additions shall be posted not later than November 1 of the current year. Only teachers employed after October 21 of the previous school year shall be permitted to challenge their date of employment and seniority ranking during the specified challenge period of twenty-one (21) working days. In the event that more than one teacher has the same date of employment, relative seniority shall be determined by a lottery designed by the District after consultation with the Association. The seniority list shall include date of employment, seniority ranking, and areas of certification. A valid certificate on file with the Xxxxx County School District at the time a reduction in force is announced shall be used to determine employee status. 30-5 A seniority list of all employees shall be established within a reasonable period of time. The procedure established in 30-4 shall apply. The seniority list of all employees shall be updated by November 1 annually. 30-6 Teachers on leave of absence shall receive a certified letter, which will include date of employment, seniority ranking, and areas of certification on file. The letter will also tell teachers on leave of absence where seniority lists have been posted and the last date by which they can challenge placement. 30-7 Whenever possible, teachers who are to be laid off hereunder shall receive at least thirty (30) days written notice of such layoff. Disputes regarding employees who have received written notice of an impending layoff as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers a reduction in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they force shall be laid off processed in the inverse order of their seniorityan expedited manner. An appropriate seniority list will Disputes regarding recall shall also be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankinghandled in an expedited manner. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected Released teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list leave of absence with no obligation by the School District to rehire after the expiration of two (2) school calendar years. Each teacher placed on leave of absence as aforementioned shall be reinstated in accordance with their seniorityreverse order to reduction for new positions opening for which the teacher is certified and qualified. The School District shall notify teachers shall be recalled as placed on leave of absence of subsequent vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent certified mail to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If address registered by the teacher declines with the second offer of School District personnel office. Teachers with less than full-time contracts shall not cause a position, reemployment rights shall teacher with a full-time contract to be forfeitedreduced in force even though the full-time teacher has less seniority. All Full-time teachers shall remain on the priority recall list for not cause a maximum of three (3) years. E. While teacher with less than a layoff continues, no new teachers shall full-time contract to be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction reduced in force shall not be subject to any dismissal procedure required elsewhere in this Agreementunless that teacher has less seniority than the full-time teacher. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A. In any If in the sole judgement of the Board, it determines to make a reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organizationforce, every effort then reduction by attrition will be made used to transfer affected teachers to other similar positions the extent possible. If further reductions are required, limited contracts shall be suspended in accordance with seniority within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsteaching certification area affected. If it becomes necessary to lay off tenured teachersreduce further after all limited contracts in a certificated area have been suspended, they then continuing contracts shall be laid off suspended in accordance with seniority within the inverse order teaching certification area affected. For purposes of their senioritya reduction in force and, until the 2017-18 school year, all teacher evaluations shall be deemed comparable. B. Displacement rights for those teachers whose contracts are suspended shall be exercised, with no teacher holding a limited contract exercising displacement over a teacher with a continuing contract. An appropriate seniority list Displacement shall be limited to a teacher's area of certification/license. Additionally, when exercising displacement rights, the teacher shall only be able to displace the least senior teacher in his/her area of certification/license. When displacement is complete, the district will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. suspend contracts as specified in Section A. above. C. The seniority list will be developed from superintendent shall give notice of the last date of employment and furnished intent to recommend action to reduce staff to the Association. If there is a tie, Association and the affected teachers at least fifteen (15) calendar days prior to such action of the Board. D. Teachers whose contracts have been suspended shall be recalled within a certificated area on the following basis: 1. Teachers having continuing contracts by seniority. 2. Teachers having limited contracts by seniority. E. A teacher whose continuing contract is suspended will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave the right to restoration to continuing service status if and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codewhen teaching positions for which he/she is certified become available. C. Teachers on layoff F. Any teacher whose limited contract is suspended pursuant to this section of the contract shall be placed on a priority recall list for reemployment for twenty-four (24) months after the effective date of the suspension. If a vacancy occurs in accordance with such a teacher's area of certification, he/she will be offered the vacancy before outside applicants are considered. G. Teachers placed on the recall list are responsible for maintaining accurate information concerning their senioritywhereabouts including the address and phone number where the Board may send a notice of recall. Additionally, it is the teacher’s responsibility to provide updated information regarding renewal and any new endorsements/areas on his/her certification/license. The teachers shall be recalled as vacancies become available in accordance with their position Board has fulfilled its responsibility herein by sending a written notice of vacancy to a teacher on the list and their certification for said vacancies. D. When vacancies become availableby certified mail at the last address left by the teacher. Unclaimed, the teacher will be notified refused or non-deliverable notices, as well as failure to respond within five (5) calendar days of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification delivery of the vacancy as to whether or not notice shall constitute refusal for assuming the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due H. Teachers who are on the recall list shall be entitled to remain on the Board insurance plans as provided by rights established in COBRA. The Board shall provide the required information of such rights, including the necessary procedures to provide monthly payment(s) to the Board Treasurer or designee. I. The language contained in this Article shall supersede in its entirety those provisions for reduction in force shall not be subject to any dismissal procedure required elsewhere in this AgreementOhio Revised Code 3319.17. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A. In The Board may make reasonable reductions in force for any reduction of the following reasons: 1. A decreased enrollment of pupils in the bargaining unit as a result District; 2. The return to duty of budgetary actions regular teachers after leaves of absence; 3. A suspension of schools or curriculum and/or administrative organizationterritorial changes affecting the district; 4. Where there have been territorial changes affecting the district, every effort or additional statutorily mandated reasons; B. The Board will notify the Association in writing at least fourteen (14) days prior to any Reduction In Force (RIF). The notification shall include the reason(s) for the RIF; the position(s) to be made reduced, eliminated or not filled; the name(s) of the employees to transfer affected teachers be affected; the date of Employer action to other similar positions within implement the school system where vacancies exist RIF and for which the affected teachers are certifiedeffective date of the RIF. B. C. Within ten (10) days of receipt of the notification, representatives of the Employer and the Union shall meet to review the proposed RIF. D. In making such reduction, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference to teachers of continuing contract status and to teachers who have greater seniority then to teachers who have higher evaluation ratings. For purposes of this Article, a summative evaluation rating of “Skilled” and “Developing” is considered comparable. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected area of layoff have comparable evaluations, the teacher with the greater seniority will be given preference. Teachers whose continuing contracts are suspended shall have the right to restoration to service in the district if and when teaching positions become vacant or are created for which any of such teachers are to become qualified. Teachers on limited contracts, whose contracts have been suspended, will be eligible to be recalled for two (2) years, in reverse order of layoff for any position the teacher is qualified or has become qualified. E. Teachers whose names appear on the reduction in force list shall be offered reemployment to positions for which they are certified in the reverse order of layoff. F. No new teachers shall be hired by the Board while there are teachers on the reduction in force list who are certified to teach in any position which is open. G. Seniority shall be defined as length of continuous service as a certified employee under a regular full-time teaching contract in the Chesapeake Union Exempted Village School District. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence and/or time spent in a non-bargaining unit position, but such time will not be counted in computing seniority. H. A member who is notified that he/she is laid off or separated from will have the active employment rolls prior right to tenured teachers in the same subjects and/or grade levels. If it becomes necessary displace any less senior member whose evaluation rating is lower and whose work he/she is certificated to lay off tenured teachers, they shall be laid off in the inverse order perform. I. Notice of their seniority. An appropriate seniority list recall will be made available for inspection when given by telegram or registered mail to the last address furnished to the District by a tenured teacher has been laid off and disputes a seniority rankingbargaining unit member. The seniority list A copy of the notice of recall will be developed from given to the last date President of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined member fails to respond in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than writing within ten (10) days after receipt of notification the above notice of the vacancy as recall, he/she will be deemed to whether or not have refused the position offered. J. A member who is laid off will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum twenty-four (24) months after the effective date of three (3) years.his/her layoff unless he/she: E. While a layoff continues, no new teachers shall be hired except 1. Xxxxxx his/her recall rights in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.writing;

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in Layoff * 1. All employees shall have a seniority date, established as the bargaining unit as a result date of budgetary actions or curriculum and/or administrative organizationhire 2. All employees shall be assigned to one of three major geographic zones: Xxxxx, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist Central Peninsula, and for which the affected teachers are certifiedSeward. B. If no similar positions are available, rehired retirees, provisionally certificated teachers 3. The District shall prepare and non- tenured teachers in maintain the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levelsseniority list. If it becomes necessary to lay off tenured teachers, they The initial seniority list shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off prepared and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished distributed to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request within thirty (30) days of FCTAthe first day of school. The list will indicate name, date of first employment, date of current employment and department and location codebe updated each January. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority4. The teachers Seniority list shall be recalled as vacancies become available indicate an employee’s seniority, job classification, and range. 5. In the event of a necessary reduction in accordance with their work force, the District shall first lay off the least senior employees within the job classification and geographic area affected. 6. In the event of more than one individual employee having the same seniority ranking, all employees so affected shall participate in a drawing by lot to determine position on the list seniority list. The Association and their certification for said vacancies. D. When vacancies become available, the teacher will affected employees shall be notified of the vacancy by phone drawing in writing and email sent shall have the opportunity to be present. *Excluded from participation in the last known addressabove RIF provision shall be employees and positions at: Port Xxxxxx, Nanwalek, Hope, Seldovia, and Tyonek. The teacher so notified Should RIF be necessary at these sites, the least senior employee shall notify the responsible administrator, be laid off. B. Rehire 1. Laid off employees shall be recalled in writing, in not more than ten (10) days after receipt reverse order of notification of the vacancy as layoff to whether or not the any position will be accepted. The teacher may decline the first offer of employmentfor which they are qualified. If the teacher declines new position is more than twenty-five (25) miles from the second previous work site, the employee may refuse to take the offered position and still retain all rehire rights. The employee must accept the offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of position within three (3) yearsworking days of notification by certified letter, or forfeit her/his rehire rights. E. While 2. Laid off employees shall remain on a layoff continuesrehire list eighteen (18) months following the layoff. It is the laid off employee’s responsibility to inform the District of the current address and phone number of contact. If the District attempts to contact the employee at the last known address and/or phone number and cannot because of invalid information, no new teachers shall the employee will be hired except in those unique circumstances where (a) there are no teachers on removed from the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyrehire list. F. Any layoff due 3. It is the responsibility of the laid off employee to reduction inform the School District of her/his interest in force shall not be subject and availability for rehire, before March 15th annually, in order to any dismissal procedure required elsewhere retain rehire rights. Failure to inform the District will result in this Agreementloss of rights to preferential hire. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction in The Committee retains the bargaining unit as a result right to reduce the number of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedon its staff. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected 1. No employee with professional status will be laid off until all teachers without professional status are gone unless the least senior teacher with professional status is not qualified to perform the duties of last remaining teacher without professional status. 2. For an employee with professional status whose position is eliminated, the following procedures shall apply: Layoffs shall be conducted within disciplines based on a teacher’s job performance and the best interest of the students, which is defined as follows: The teacher’s past summative or separated from formative overall evaluation ratings as compared to other teachers’ past summative or formative evaluation rating in the active employment rolls discipline targeted to be reduced, with rating of Meets the Standards of Xxxxxx Public School District (for evaluations prior to tenured 2013-2014). Proficient and Exemplary are considered equal ratings. The number of summative and formative evaluations compared will include all those evaluations written for teachers during the time equal to the most recently hired professional status teacher in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingtargeted Discipline. The seniority list lookback period will be developed from not, however, exceed five (5) years. 3. Seniority means a teacher’s length of continuous uninterrupted service in years, months, and days commencing with the last first date of employment and furnished (not hiring) as a teacher on a paid basis working under a valid license in Xxxxxx Public Schools. All part-time faculty shall accrue seniority time equal to the Associationpercentage that they are working over the course of the year. If there is For example, a tie, teacher working two (2) full days of a five (5) day week shall earn 40% of a year of seniority; or a teacher working three (3) periods of a seven (7) period work day would receive seniority credit for the affected teachers will have seniority calculated as defined in Article I, Section B.7fraction percentage of the number of periods per day divided by the number of periods actually worked. Teachers on an Any unpaid leave of absence shall retain accrued senioritybe construed to be non- active service and will not be included in determining the total length of service. Teachers on military However, such leaves will not be construed to break active service; and seniority will mean the total number of years, months and days preceding the leave, Association added to the total number of years, months, and days after resuming active duty after the leave and of absence. 4. Members laid off under normal circumstances shall receive notice of layoff on layoff shall continue or before June 30th, immediately prior to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTAthe next school year. 5. The list will indicate name, date demonstrated educational need may become more of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list specialized areas such as, but not limited to, art, guidance, library, music, physical education, and their certification for said vacanciesspecial education personnel. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction SECTION 19.1: Reduction in force among non-competitive and labor class employees: (a) Where, because of economy, consolidation or abolishment of functions, curtailment of activities or otherwise, the College finds it necessary to abolish positions, such abolishments shall be made in accordance with the provisions hereinafter set forth. (b) Seniority for purposes of this section shall be defined as the period of service of an employee with the College dating from the first date of employment in the collective bargaining unit, provided such employee is retained by the College past the probationary period. (c) The College will make every reasonable effort to discuss with the Union any and all anticipated job abolishment’s before such anticipated action is made public. The College will notify and discuss with the unit president prior to the College notification to affected employees in respect to any and all anticipated job abolishment’s. (d) Competitive, non-competitive, and labor class employees subject to layoff as a result of budgetary actions or curriculum and/or administrative organization, every effort will job abolishment shall be made given at least thirty (30) calendar days' notice prior to transfer affected teachers the date of termination. Employees subject to other similar positions within being bumped as a result of job abolishment’s shall be given at least fifteen (15) calendar days' notice prior to the school system where vacancies exist and for which the affected teachers are certifieddate of termination. B. If no similar positions are available(e) Reinstatement of laid off employees under this section shall be in inverse order of layoff, rehired retireesin accordance with the provisions of this agreement or of Civil Service Law Rules, provisionally certificated teachers and non- tenured teachers Regulations. (f) Any non-competitive or labor class employee subject to layoff under this section who refuses appointment in the subjects and/or grade levels affected will a lower title as set forth in this section shall forfeit all rights contained in this section. (g) A competitive, non-competitive or labor class employee shall be deemed to have seniority in accordance with this section and shall not be laid off or separated from as a result of job abolishment until College funded, part-time, temporary, seasonal and probationary employees within the active employment rolls prior to tenured teachers job title within the College in the same subjects and/or grade levelswhich such job abolishments occur have been laid off. If it becomes necessary to lay off tenured teacherssuch full-time employees are laid off, they shall be laid offered, in seniority order, any part-time positions for which they qualify within the College. (h) Any labor class or non-competitive employee subject to lay-off as a result of job abolishment may exercise seniority rights to displace an incumbent with the least seniority in a lower rated title where there is a direct line of promotion or demotion or where the displaced incumbent has previously served in another position prior to serving in the inverse order position from which he is being displaced, providing the employee is physically capable of performing the work. The employee shall have the option of electing whether to displace a person in a lower rated job title or retreat to a previously held position. SECTION 19.2: For the purpose of this article Bargaining Unit Employees shall retain their seniorityCounty seniority date if different from their service date with the College. An appropriate seniority list All job abolishments and recalls will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list Civil Services Law, Rules and their certification for said vacanciesRegulations. D. When vacancies become availableSECTION 19.3: MCC agrees to notify the Unit President of any abolishments, the teacher will be notified creations or transfers out of the vacancy by phone and email sent bargaining unit prior to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearsimplementation. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any 30-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the bargaining unit number of individuals whose employment must be terminated, and the areas within which such reductions in force will occur. 30-2 Subject to the determinations set forth in 30-1 above, the School District agrees to the following: (a) Teachers who volunteer to leave from the area or areas affected by the reduction in force will be the first to be reduced in force. (b) Any additional teachers to be reduced in force from the area or areas affected shall be reduced in force on the basis of districtwide seniority. 00-0 Xxxxxxxxxxxx seniority shall be defined as the total length of continuous service with the District for purposes of longevity payments. For all other purposes, seniority shall be the length of seniority in licensed service. The effective date in determining districtwide seniority shall be on the original date of employment with the School District except for employees whose employment has been terminated either voluntarily or involuntarily. If a terminated employee is rehired by the School District, the seniority date will be determined by the first date of hire after the termination unless the employee is rehired within one year, in which case the employee will retain seniority as of the original hire date. (a) Date of employment" shall be defined as the first day the employee reported to work for pay in the Xxxxx County School District. (b) Teachers who are laid off may elect to be placed in a vacant support staff position in accordance with their qualifications provided that there are no support staff employees having priority for the vacant position. Teachers placed in a support staff position will be placed no higher than Step C of the range of the job classification depending upon their training and qualification. (c) Teachers who are laid off and do not receive a support staff position shall receive priority for substitute assignments at the current substitute rate of pay, and shall be on substitute status and will be employed in accordance with School District Regulation (Assignments: Substitute Teachers) and Policy (Employment of Substitutes and Part-Time Employees). 30-4 On or before November 1, the District shall publish a seniority list of teachers employed since January 1, 1980, and a copy of such seniority list shall be forwarded to the Association and to all schools. Once the list has been posted, teachers shall have twenty-one (21) working days from the date of such posting to challenge placement on the list. During the twenty-one (21) day challenge period, the District and the Association shall make every effort to resolve all challenges regarding date of employment and seniority ranking. When all challenges are resolved, the District and the Association shall certify, by signature, that the list is correct. Unresolved challenges may be processed under Article 4 only through grievance filed by the Association. Every employee shall have the opportunity to challenge the list one time only. Additions to the seniority list shall be made once annually to include teachers hired after October 21 of the previous school year. A list of these additions shall be posted not later than November 1 of the current year. Only teachers employed after October 21 of the previous school year shall be permitted to challenge their date of employment and seniority ranking during the specified challenge period of twenty- one (21) working days. In the event that more than one teacher has the same date of employment, relative seniority shall be determined by a lottery designed by the District after consultation with the Association. The seniority list shall include date of employment, seniority ranking, and areas of certification. A valid certificate on file with the Xxxxx County School District at the time a reduction in force is announced shall be used to determine employee status. 30-5 A seniority list of all employees shall be established within a reasonable period of time. The procedure established in 30-4 shall apply. The seniority list of all employees shall be updated by November 1 annually. 30-6 Teachers on leave of absence shall receive a certified letter, which will include date of employment, seniority ranking, and areas of certification on file. The letter will also tell teachers on leave of absence where seniority lists have been posted and the last date by which they can challenge placement. 30-7 Whenever possible, teachers who are to be laid off hereunder shall receive at least thirty (30) days written notice of such layoff. 30-8 Disputes regarding employees who have received written notice of an impending layoff as a result of budgetary actions or curriculum and/or administrative organization, every effort will a reduction in force shall be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifiedprocessed in an expedited manner. Disputes regarding recall shall also be handled in an expedited manner. B. If no similar positions are available, rehired retirees, provisionally certificated 30-9 Released teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list leave of absence with no obligation by the School District to rehire after the expiration of two (2) school calendar years. Each teacher placed on leave of absence as aforementioned shall be reinstated in accordance with their seniorityreverse order to reduction for new positions opening for which the teacher is certified and qualified. The School District shall notify teachers shall be recalled as placed on leave of absence of subsequent vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent certified mail to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If address registered by the teacher declines with the second offer of School District personnel office. 30-10 Teachers with less than full-time contracts shall not cause a position, reemployment rights shall teacher with a full-time contract to be forfeitedreduced in force even though the full-time teacher has less seniority. All Full-time teachers shall remain on the priority recall list for not cause a maximum of three (3) years. E. While teacher with less than a layoff continues, no new teachers shall full-time contract to be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction reduced in force shall not be subject to any dismissal procedure required elsewhere in this Agreementunless that teacher has less seniority than the full-time teacher. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A. In any When by reason of decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, by reason of suspension of school or territorial changes affecting the District, curriculum changes, reductions of course offerings, or limited financial resources, the Board determines that it will be necessary to reduce the number of teachers under Section 3319.17, it may make a reasonable reduction. The President of the Association shall be notified in writing that a reduction in force is likely to occur at least one week prior to teacher notification. In making such reduction, attrition shall first be used to effect a reduction in force. If further reduction is required, then the bargaining unit as a result Administration/Board will notify the President of budgetary actions or curriculum and/or administrative organization, every effort the Association and the affected teaching staff no less than thirty (30) days prior to such reduction. All teachers placed on the RIF list will be made so advised. Procedures for reduction in staff shall be as follows: 1. A seniority list shall be established for each teaching field. Retired, rehired teachers will not accrue seniority. Retired, rehired teachers will be placed first on the RIF list in each corresponding teaching field. 2. A teaching field shall be defined as those levels/academic subjects which can be taught within a certificate issued by the Department of Education. 3. All teachers on continuing contracts shall have seniority over teachers on limited contracts unless the final Summative Rating was “ineffective” for two (2) consecutive years prior to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected RIF. When two (2) or more teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in “ineffective” the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority rankingused. 4. The seniority Teachers placed on the RIF list shall notify the Board if suitable employment is found elsewhere. 5. Seniority will be developed computed from the last teacher’s most recent date of employment and furnished to hire in the Associationschool district. If there is a tieSeniority shall not accrue during unpaid leaves of absence, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an but shall not be broken by such unpaid leave of absence shall retain accrued seniorityabsence. 6. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during The contract of that time. A countywide list of all certificated personnel employed as of July 1 of each year teacher who is affected by a reduction shall be compiled and available upon request of FCTAsuspended. 7. The All teachers who are notified that they are placed on the RIF list will indicate name, date have the following rights: a. To review his/her seniority and certification records with representatives of first employment, date of current employment and department and location codehis/her choice. C. Teachers on layoff shall b. To be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacanciesDistrict’s substitute list. D. When vacancies become available, the teacher will c. To be notified of all vacancies which may occur or new positions which may be created for which the vacancy by phone teacher is certified and email sent qualified. Failure to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten accept or reject such appointment within five (105) days after receipt shall constitute a rejection of notification of the vacancy as to whether or not the position will such appointment. d. To be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain continued on the priority recall RIF list for a maximum period of three eighteen (318) yearsmonths. E. While a layoff continuese. To continue to participate, no new teachers shall be hired except at the teacher’s expense, in those unique circumstances where (a) there are no teachers on group insurance programs without interruption in benefits, to the priority recall list qualified to fill extent authorized by the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancyinsurance carrier. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In 18-1 The board may, upon giving written notice, refuse to re-employ any reduction teacher for the next contract year due to a justifiable decrease in teaching positions due to decreased enrollment, district reorganization or lack of funding; provided there is consultation with association prior to the bargaining unit as decision to make any such reductions. 18-2 On or about October 30th of each year, the superintendent will provide the association with a result list showing the seniority of budgetary actions or curriculum and/or administrative organizationeach teacher employed by the board, every effort their areas of certification and courses taught and will thereafter, promptly notify the association of any changes in said list. The superintendent will at all times have posted in his office a current list which will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured during regular working hours by any teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from and/or the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codeassociation. C. Teachers on layoff 18-3 In the event such justifiable reductions in force are made, reductions shall first be placed on a priority recall list in accordance made among teachers with their seniorityless than two years of service within the Mineral County School District. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due With respect to reduction in force the principle of seniority within the District shall govern, provided that qualifications are relatively equal, and provided further that no teacher qualified to teach a particular assignment or grade level as evidenced by the Nevada State Board of Education shall be replaced by another teacher not qualified for such assignment or grade level as prescribed above. 18-4 Any post-probationary teacher (employee) in good standing at the time of being laid off for the reasons stated in section 18-1 who wants to be considered for recall will be notified for a period of up to two (2) years following the effective date of the layoff that the District intends to fill a vacancy for which the teacher is certified. An employee desiring such notification is required to provide the District a written request at the time of the layoff, including forwarding address. The employee is solely responsible for keeping the District informed in writing of any future change of address. The employee must respond in writing within fourteen (14) days of the date the District sends notice of the vacancy (via certified mail) to the most current forwarding address provided by the employee. If the response is received within the above fourteen (14) day time frame, the District will give preference to the former employee with the most prior service with the District over similarly qualified candidates from inside and outside of the District if the former employee meets all qualifications for the position, i.e. remains certified for the position, and remains in good standing with the Mineral County School District , any interim school districts where the employee was employed during the period of the layoff and the Nevada Department of Education. If no timely request for re-employment is received within fourteen calendar days of the date of mailing the notification(s), the District may immediately refill the position from qualified applicants from within or without the District. 18-5 All benefits to which an employee was entitled at the time of layoff will be restored upon and salary placement, subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued no restoration of sick leave that was paid off pursuant to Article 10-1-8 and personal leavesubject to transfer of sick leave between Nevada school districts in accordance with Nevada Law. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Professional Negotiation Agreement

REDUCTION IN FORCE. A. In any reduction in If the bargaining unit as Board determines, because of economic necessity, to decrease the number of teachers employed or to discontinue some particular type of teaching service, the Board will follow Section 24-12 of The Illinois School Code. If a result vacancy occurs within one calendar year from the beginning of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tieterm following its reduction-in-force, the affected teachers Board will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list tender such vacant position in accordance with their Section 24-12 of the Illinois School Code. Vacant positions include full-time teaching positions and full year part-time teaching assignments, but do not include substitute positions and positions becoming vacant because of leaves, whether paid or unpaid. A teacher so recalled retains his/her status and all accumulated seniority; however, the period such teacher did not teach shall not be counted toward seniority. The teachers shall be recalled as vacancies become available in accordance A teacher eligible for recall must provide the Board with their position on the list an address, e-mail address and their certification for said vacancies. D. When vacancies become available, phone number where the teacher will can be notified reached for the purposes of the vacancy by phone and email sent to the last known addressrecall. The teacher so notified shall must notify the responsible administrator, Board in writing, in not more than ten within fourteen (1014) calendar days after of mailing or within one (1) calendar days of receipt of notification the offer, whichever shall first occur, of the vacancy as acceptance of any vacant position offered to whether or not the position will be acceptedteacher during the recall period. The teacher may decline Failure to notify the first Board of acceptance shall constitute rejection of the offer of employment. If the a teacher declines the second rejects an offer of a full-time vacant position, reemployment rights the teacher shall be forfeiteddeemed to have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the recall time period. All teachers Seniority shall remain be defined as follows: a. Years of continuous service as teacher in the District; provided, however, that less than full time tenured service shall be computed on the priority recall list for a maximum pro rata basis and approved unpaid leaves of three absence of ninety (390) yearsconsecutive employment days or more shall not be counted in determining seniority. E. While a layoff continuesb. If the years of continuous tenured service are equal between two or more teachers, no new teachers seniority shall be hired except determined by total years of continuous teaching service with the District; provided, however, that less than full-time service shall be computed on a pro rata basis and approved unpaid leaves of absence of ninety (90) consecutive employment days or more shall not be counted in those unique circumstances where determining seniority. c. If total continuous teaching service with the District is equal between two or more teachers, then seniority shall be determined by total teaching service with the school district whether or not continuous (such service shall be computed in the manner described in (a) there are no teachers on the priority recall list qualified to fill the vacancy or and (b) all qualified teachers above). d. If total continuous teaching service with the District is equal as between two or more teachers, then seniority shall be determined by placement on the priority recall salary schedule, i.e., the teacher with the higher salary shall be deemed the most senior (or any other factor selected by the Board, such as hours of recognized education credit earned). Legal Qualifications or Legally Qualified shall be defined as all statutory and regulatory prerequisites for teaching a particular subject or grade, including but not limited to, the certification requirements of Article 27 of The School Code and the academic experience requirements of State Board of Education Documents No. 1 (or its successor or supplementary requirements) in effect at the time of dismissal and/or recall. No less than 75 calendar days prior to the end of the school year, the Administration shall post a list decline of the offer to fill seniority rank of all teachers in the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions District, along with a copy of Article XIII. Each teacher shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) employment days thereafter to file written objection to his/her ranking and shall detail the alleged specific error in the ranking. Failure to make such timely objection will be deemed an acceptance of the ranking, and the teacher cannot thereafter challenge his/her seniority for the purpose of renegotiating only the provision(s) held to be contraryschool term.

Appears in 1 contract

Samples: Professional Agreement

REDUCTION IN FORCE. A. In any reduction 1. For the purpose of this agreement seniority shall be defined as length of continuous service in the Harvard Public Schools measured from the first day for which compensation was received. Effective September 1, 2003, for bargaining unit as members who are employed less than full time in the Harvard Public Schools, seniority shall be measured on a result prorated basis according to the percentage of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifieda full time position. B. If no similar positions are availablea. Paid leaves of absence shall count toward the accrual of seniority. b. Approved unpaid leaves of absence of fewer than forty-one (41) consecutive working days shall be counted toward the accrual of seniority. c. Approved unpaid leaves of absence of longer than forty (40) days shall not constitute a break in service, rehired retirees, provisionally certificated teachers and non- tenured teachers in but time spent on such leave shall not count toward accrual of seniority. 2. In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event that it becomes necessary to lay off tenured teachersreduce the number of teaching positions in the Harvard Public Schools, they no teacher with professional teacher status shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If if there is a tieteacher without professional teacher status serving in a position for which the teacher with professional teacher status is qualified, the affected teachers will have seniority calculated as defined in Section 4c. of this Article. 3. If in the application of this Article Iit is necessary to determine the seniority order of two or more teachers with the same seniority credits, Section B.7the following procedure shall apply in the following order: a. A full-time teacher shall be deemed senior to a part-time teacher. b. The teacher with the most experience as a substitute teacher in the discipline shall be deemed senior to the other employees. c. A lottery shall be conducted in the presence of the Superintendent of Schools and the President of the Association, or their designees, to determine the order of seniority among such employees. 4. Teachers on In the event that layoffs of teachers with professional teacher status become necessary, the following procedures shall be employed: a. Each administrator/supervisor responsible for the evaluation of teachers within a specific discipline area will determine each year whether any individual in that area is not performing at a proficient level. This judgment will then be reviewed by the Superintendent. If the Superintendent upholds the judgment, a teacher so identified will be notified in writing by the teacher's immediate supervisor not later than November 1. Such notification will include an unpaid leave explanation of absence shall retain accrued the RIF evaluation process and a listing of the specific areas within which the teacher is considered deficient with specific suggestions for improving performance. The teacher xxx, at the teacher's election, submit a letter of rebuttal or explanation. Neither the notification nor response will become a part of the teacher's permanent record at the time. This notification does not mean that teachers so notified will definitely be RIFFed but only that they are at risk of being exempted from seniority. Teachers on military leaveSubsequent to the identification and notification of a teacher whose performance in the Harvard Public Schools has been judged less than satisfactory, Association leave continued close supervision and on layoff shall continue evaluation of the teacher will be carried out by both the teacher's immediate supervisor and at least one additional administrator designated by the Superintendent. By April 1 the teacher's overall performance will be reevaluated. If after the second evaluation (and review by the Superintendent) the teacher's performance continues to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become availableless than satisfactory, the teacher will be notified placed at the bottom of the vacancy by phone and email sent seniority list regardless of actual years of service. Upon return to satisfactory performance the last known addressaffected employee shall be restored to their regular place on the seniority list. b. In making a decision regarding the layoff or reduction in force of an employee(s), the Superintendent shall consider the employees' qualifications. The teacher so notified criteria for determining qualification shall notify include: (1) Indicators of job performance, including ratings on evaluation; however, no distinction shall be made between proficient and exemplary ratings; (2) Prior successful teaching experience in the responsible administratordiscipline area(s) and subject area(s); (3) Major and minor fields of college study (as shown by official transcripts); (4) Recent college-level course work in the discipline's subject area(s); and (5) Related experience outside the field of education. Seniority shall be used as a tie-breaker in this section among teachers whose qualifications are no different. In addition to considering the qualification of employees as described above, the Superintendent or a designee shall consider the best interests of students in writingthe school or district to determine who shall be laid off. c. If there is a dispute concerning the determination of qualifications made under the provisions of Section b. above, in then a joint committee, consisting of two (2) Committee members and two (2) Association members (appointed by the HTA President) shall review the decision and shall attempt to resolve the dispute. In the event that the joint committee cannot more than ten reach agreement, the matter will be referred to expedited arbitration pursuant to Part 12 of this provision d. For purposes of this provision, discipline areas shall be as follows: (1) Pre-K (2) Elementary K-5 (3) English/Language Arts 6 - 12 (4) Foreign Language 6 - 12 (5) Instructional Technology (6) Mathematics 6 - 12 (7) Science 6 - 12 (8) Social Studies 6 - 12 (9) Art K - 12 (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three School Counselor/School Psychologist K - 12 (311) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where Health K-12 (a12) there are no teachers on the priority recall list qualified to fill the vacancy or Librarian K - 12 (b13) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Music K-12

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. 6.1 In any the event of a reduction in force, layoffs will be made within the Association. RIF shall be defined as a reduction in the bargaining unit as work force beyond normal attrition. When a result RIF is implemented, the Executive Director of budgetary actions or curriculum and/or administrative organization, every effort Human Resources will provide the Association with a list of positions that will be made impacted. The District will work with the Association to transfer affected teachers to other similar positions within reasonably minimize the school system where vacancies exist and impact for which the affected teachers are certifiedRIF. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected 6.2 Employees will be laid off or separated from off on the active employment rolls prior to tenured teachers in basis of seniority, the same subjects and/or grade levelsleast senior laid off first when qualifications are substantially equal among the affected employees. If it becomes necessary to lay off tenured teachers, they Seniority shall be laid off in defined as the inverse order length of their seniority. An appropriate service within the District as a member of the Association. 6.3 The District shall provide the Association with a seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July by November 1 of each year year. 6.4 State and Federal programs and statutes shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codeobserved where applicable for specially funded programs. C. Teachers on layoff 6.5 In no case will a new employee be employed by the District while there are RIF’d employees who are qualified for a vacant or newly created position. 6.6 Employees whose positions have been eliminated due to reductions in work force or who have been affected by a layoff shall have the right to assume a position for which they are qualified, which is held by the least senior employee. Unused sick leave shall be placed on restored to the RIF’d employee upon their return to active employment. 6.7 An employee transferred because of layoff may exercise his/her seniority to return to a priority recall list position similar to that vacated owing to lay-off, provided that qualifications are equal to that of others also applying for this position. 6.8 Employees to be laid off shall receive no less than thirty (30) days notice prior to lay-off. In a normal budget cycle, if the School Board authorizes, then the date for notification to employees receiving a RIF shall be no later than July 1. 6.9 The District shall notify the Association officers prior to layoff notices being sent to employees and provide detailed reports of the financial status of the district as requested. 6.10 Employees shall not be bumped or reduced in accordance with their seniority. The teachers hours or seniority ranking by school employees who are not represented by the bargaining unit. 6.11 Laid off employees shall be recalled as vacancies become available in accordance with their reverse order of layoff to any position on the list and their certification for said vacancieswhich they are qualified. D. When vacancies become available, the teacher will be notified 6.12 RIF’d employees shall retain their seniority for purposes of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum period of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.two

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any the event of a reduction in force, the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will Board shall have the right to identify the position(s) to be made to transfer affected teachers to other similar positions eliminated. In the event that more than one position exists within the school system where vacancies exist affected classification, the primary criterion to be used in selecting the employee to be affected by the reduction in force shall be the demonstrated performance and for which qualifications of the administrators within the affected teachers classification. In the event that the Superintendent determines that the demonstrated performance and qualifications of the administrators within the affected classification are certifiedsubstantially equal, then the administrator with the greater length of continuous service as an administrator in Plymouth shall be retained. The individual identified for layoff shall not have the right to bump into any other administrator classification. B. If no similar positions are availableFor the purposes of this Article, rehired retirees, provisionally certificated teachers the following shall be separate classifications: High School Principal High School Assistant Principal Middle School Principal Elementary Principal Director of Special Education and non- tenured teachers Pupil Personnel Services Director of Curriculum and Instruction C. The individual identified for layoff in accordance with Section A above shall have the right to a position for which he/she is certified/qualified in the subjects and/or grade levels affected will be laid off or separated from teachers’ bargaining unit, in accordance with applicable law and in accordance with the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher ’ contract. D. Any administrator who has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated displaced as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff aforesaid shall be placed on a priority recall reappointment list for two (2) years for any previously held administrative position in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list Plymouth and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for until reappointed, provided such administrator does not refuse a maximum of three (3) years. E. While a layoff continues, no new teachers reappointment. Administrators shall be hired except reappointed to their previous position. In determining the order of reappointment, the Board shall use the same criteria it used in those unique circumstances where (a) there are no teachers on determining the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. order of layoff. The Board will mail written notice of reappointment to the administrator by certified mail, return receipt requested, to the last address furnished by the administrator, and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If administrator will mail written acceptance or rejection of such rulings or regulations cause any provisions to be in conflictan offer of reappointment by certified mail, the parties shall meet return receipt requested, within ten (10) days for following delivery of written notification from the purpose of renegotiating only Board. If reappointment is offered and is refused by the provision(s) held administrator, or if the administrator fails to respond within the timeframe set forth in this section, he/she shall be contraryremoved from the reappointment list.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In Section 1. If the Board decides to decrease the number of teachers employed or to discontinue some particular type of teaching service or area, the Board shall first remove or dismiss all non-tenured teachers before removing or dismissing any tenured teacher who is legally qualified to hold a position currently held by a non-tenured teacher. Section 2. If such reduction in force requires the bargaining unit as a result dismissal of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they no tenured teacher shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when dismissed if such tenured teacher is legally qualified to hold a position currently held by a tenured teacher has been laid off and disputes with less seniority. Section 3. If a seniority ranking. The seniority list will be developed vacancy occurs within one calendar year from the last date beginning of employment and furnished the school term following the reduction in force, the Board will tender such vacant position to the Associationtenured teachers dismissed pursuant to such reduction in force where such teachers are legally qualified to hold such position. If there Where more than one such tenured teacher is a tiequalified to hold such position, the affected teachers will have Board shall tender such vacant position to the most senior tenured teacher in accord with the seniority calculated as defined provisions contained in Sections 4, 4(A) and 4(B) of Article IX herein. Vacant positions include full-time teaching positions and full year part-time teaching positions, Section B.7. Teachers on an unpaid leave but do not include substitute positions becoming vacant because of absence shall retain accrued seniority. Teachers on military leaveleaves, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location codewhether paid or unpaid. C. Teachers on layoff shall Section 4. To be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification eligible for said vacancies. D. When vacancies become availablerecall, the dismissed tenured teacher will must provide the Board in writing with the address where such teacher may be notified of the vacancy by phone and email sent to the last known addressreached. The teacher so notified shall must also notify the responsible administratorBoard in writing within 14 calendar days of mailing, in writing, in not more than ten (10) or within 7 calendar days after receipt of notification receipts of the vacancy as offer, by certified mail, whichever shall first occur, of the acceptance of such vacant position offered to whether or not the position will be acceptedteacher during the recall period. The teacher may decline Failure to notify the first Board of acceptance shall constitute rejection of the offer of employment. If a teacher rejects an offer of employment, the teacher declines may be deemed, at the second offer discretion of a positionthe Board, reemployment to have waived his recall rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) yearshereunder. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any The School District retains the exclusive right and sole responsibility to determine the number of professional and other positions needed in the school system, including the right to determine the number of employees to be laid off, recalled or that a particular type of service should be discontinued in whole or in part. Such decisions shall not be subject to the Grievance and Arbitration Procedure, but, once made, the following policy for reduction in personnel will be followed. 9.1 In the event one (1) of more members of the bargaining unit as a result must be laid off, the School District will take into consideration the needs of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist (including, but not limited to, the balance of staff required to maintain services, desired hours and for which the affected teachers are certified. B. If no similar balance of full time and part time positions are availablerequired to adequately fill the work schedule), rehired retireesthe relative qualifications, provisionally certificated teachers skill and non- tenured teachers ability of employees, their length of service and any other relevant factors concerning job performance. Where in the subjects and/or grade levels affected opinion of the School District the needs of the system and the relative qualifications, skill, ability and other relevant factors are substantially equal, employees will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list within the job classifications concerned, those of least seniority to be laid off first. 9.2 Employees whose employment will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined terminated in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year full or in part shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than given notice at least ten (10) days after receipt of notification prior to the layoff date. The Association will also be forwarded a copy of the vacancy notice. 9.3 If employees who are laid off request in writing to the Superintendent to be placed on recall, then during a period of two (2) years from the effective date of their layoff, such employees shall be given preference for recall as vacancies develop to whether the same or not similar positions for which they are qualified. 9.4 In the event of recall, employees shall be notified by certified mail to their last address of record with the Superintendent and must advise the Superintendent of this acceptance of the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within being offered with ten (10) business days following the date of mailing or said notice or forfeit all recall rights. 9.5 Employees recalled pursuant to the above provisions shall be credited with all accrued time in the service of the School District prior to the effective date of layoff for the purpose purposes of renegotiating only placement on the provision(ssalary schedule, entitlement to other benefits based upon length of service and any previously unused sick leave. 9.6 For the purposes of this article, seniority will be defined as the most recent period of unbroken service in the Nashoba Regional School District, including years of service in the contributing towns, provided that approved leaves of absence, previous layoffs and military service do not constitute a break in service. 9.7 During the recall period employees shall be entitled to participate in all group life, accidental and health insurance programs by paying one hundred (100%) held to be contrarypercent of the premiums.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In any reduction When there is to be a reduction/dismissal of cafeteria workers, the decision shall he made by the-Board in accordance with the bargaining unit provisions of Section 10-23.5 of the School Code. Specific procedures are as a result of budgetary actions or curriculum and/or administrative organization, every effort follows. Employees will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order following order: 1. New, probationary employees; 2. In the event of further reductions, employees will be laid off from the affected classifications in accordance with their seniority; and 3. An appropriate seniority list will be made available for inspection when a tenured teacher has been Employees laid off and disputes under “2“, above, shall have the right to bump employees in other lower-paid positions who have less unit-wide seniority. Employees who are eligible for recall shall be placed on a seniority ranking. The seniority recall list will be developed from a period of one (1) school calendar year for the last date beginning of employment and furnished to the Associationfollowing school term. If there is a tierecall, employees who are still oh the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide recall list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request recalled, in the inverse order of FCTAlayoff. Employees who are eligible for recall shall he given fourteen (14) calendar days notice of recall. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall employee must notify the responsible administratorSuperintendent, in writingwriting by certified mail, in not more than ten of his/her intention to return within seven (107) days after receipt of notification the mailing of the vacancy as to whether or not the position will be acceptednotice of recall. The teacher may decline District shall he deemed to have fulfilled its obligation by mailing the first offer recall notice by certified mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of employmentthe employee to provide the Superintendent with his/her latest mailing address. An employee whose position is eliminated and has been approved for an alternate position in the District shall not suffer a decrease in experience credit on the salary schedule, but shall receive appropriate wage adjustment pursuant to the job category of the alternate position. If a RIF'd cafeteria worker is rehired within one (1) year of the teacher declines the second offer of a position, reemployment rights termination it shall be forfeited. All teachers shall remain without loss of seniority, credit on the priority recall list for a maximum of three (3) yearspay schedule and accrued benefits. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.

Appears in 1 contract

Samples: Cafeteria Workers Contract

REDUCTION IN FORCE. A. In any reduction 1. For the purpose of this agreement seniority shall be defined as length of continuous service in the Harvard Public Schools measured from the first day for which compensation was received. Effective September 1, 2003, for bargaining unit as members who are employed less than full time in the Harvard Public Schools, seniority shall be measured on a result prorated basis according to the percentage of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certifieda full time position. B. If no similar positions are availablea. Paid leaves of absence shall count toward the accrual of seniority. b. Approved unpaid leaves of absence of fewer than forty-one (41) consecutive working days shall be counted toward the accrual of seniority. c. Approved unpaid leaves of absence of longer than forty (40) days shall not constitute a break in service, rehired retirees, provisionally certificated teachers and non- tenured teachers in but time spent on such leave shall not count toward accrual of seniority. 2. In the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If event that it becomes necessary to lay off tenured teachersreduce the number of teaching positions in the Harvard Public Schools, they no teacher with professional teacher status shall be laid off if there is a teacher without professional teacher status serving in a position for which the teacher with professional teacher status is qualified, as defined in Section 4c. of this Article. 3. Ifin the application of this Article it is necessary to determine the seniority order of two or more teachers with the same seniority credits, the following procedure shall apply in the inverse following order: a. A full-time teacher shall be deemed senior to a part-time teacher. b. The teacher with the most experience as a substitute teacher in the discipline shall be deemed senior to the other employees. c. A lottery shall be conducted in the presence of the Superintendent of Schools and the President of the Association, or their designees, to determine the order of their seniority among such employees. 4. In the event that layoffs of teachers with professional teacher status become necessary, the following procedures shall be employed: a. The least senior teacher in an affected discipline area shall be reduced and subsequent reductions within the affected discipline area shall be in reverse order of seniority. b. Each administrator/supervisor responsible for the evaluation of teachers within a specific discipline area will determine each year whether any individual in that area is not performing at a satisfactory level. This judgment will then be reviewed by the Superintendent. Ifthe Superintendent upholds the judgment, a teacher so identified will be notified in writing by his or her immediate supervisor not later than November 1. Such notification will include an explanation of the RIF evaluation process and a listing of the specific areas within which the teacher is considered deficient with specific suggestions for improving performance. The teacher may, at his or her election, submit a letter of rebuttal or explanation. Neither the notification nor response will become a part of the teacher's permanent record at the time. This notification does not mean that the teacher so notified will definitely be RIFFed but only that he or she is at risk of being exempted from seniority. An appropriate Subsequent to the identification and notification of a teacher whose performance in the Harvard Public Schools has been judged less than satisfactory, continued close supervision and evaluation of the teacher will be carried out by both his or her immediate supervisor and at least one additional administrator designated by the Superintendent. By April 1 the teacher's overall performance will be reevaluated . If after the second evaluation (and review by the Superintendent) the teacher's performance continues to be less than satisfactory, he or she will be placed at the bottom of the seniority list will regardless of actual years of service. Upon return to satisfactory performance the affected employee shall be made available for inspection when a tenured restored to his or her regular place on the seniority list. c. A teacher has been laid off from an affected discipline area on the basis of seniority may replace a less senior teacher in another discipline area provided that he or she is certified and disputes a seniority rankingqualified to teach in the new discipline. The seniority list will following shall be developed from the last date criteria employed by the School Committee in determining qualifications: (1) prior successful teaching experience in Harvard in the new discipline; (2) major and minor fields of employment and furnished to college study (as shown by official transcript); (3) recent college-level course work in the Association. new discipline's subject area(s); (4) related experience outside the field of education. d. If there is a tiedispute concerning the determination of qualifications made under the provisions of Section c. above, then a joint committee, consisting of two (2) School Committee members and two (2) Association members (appointed by the HTA President) shall review the decision and shall attempt to resolve the dispute. In the event that the joint committee cannot reach agreement, the affected teachers matter will have seniority calculated as defined in Article Ibe referred to expedited arbitration pursuant to Part 12 of this provision. e. For purposes of this provision, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year discipline areas shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.as follows: C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies.(1) Pre-K D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (2) Elementary K-5 (3) English/Language Arts 6 - 12 (4) Foreign Language 6-12 (5) Industrial Technology 6 - 12 (6) Mathematics 6-12 (7) Science 6 -12 (8) Social Studies 6-12 (9) Art K - 12 (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three Guidance/School Psychologist K-12 (311) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where Health K -12 (a12) there are no teachers on the priority recall list qualified to fill the vacancy or Librarian K-12 (b13) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.Music K -12

Appears in 1 contract

Samples: Collective Bargaining Agreement

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