REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee: A. voluntarily resigns his or her employment; or B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of 1. When forces are reduced, employees will be laid off in the bargaining unit by layoff during inverse order of their date of hire within the term Customer Service Divisi on. Employees having the same date of this Agreement, where qualifications are equal, hire will be laid off in the inverse order of their bidding seniority that was in effect at the time their initial probationary period was completed. The Employer agrees to consult with the Union prior to any layoffs. An employee who came from the operator ranks to Customer Service may return to the operator ranks if a position is available but would not retain their seniority rights after the initial three (3) month evaluation period beyond probation .
2. Employees shal l be recalled in the reverse order of layoff as provided in Item 1. above and provided that the employee can do the available work.
3. Notice of recall shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors sent to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded at their last known address by registered mail. If any employee fails to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director re port for work within fifteen (15) working calendar days from publication the date of mailing the notice of recall, they shall be considered to have quit, shall cease to have seniority, and shall have their name removed from the recall list. However, if an employee's failure to report for work is on account of illness or injury, they may retain their seniority and recall rights if they have notified the Employer by registered mail and such notification is received prior to the deadline for their reporting to work. It is recog nized that the Employer may require substantiation of the listillness or injury. An If the substantiation is not submitted promptly to the Employer, and if it is not to the satisfaction of the Employer, the loss of seniority and recall rights shall stand. Recall rights for any employee who is on layoff shall, for shall expire eighteen (18) months one (1) school year after from the effective date of layoff retain first preference to recall rights in inverse order layoff. Written notice of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs expiration of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedsent to the employee at their last known address by registered or certified mail. It shall be the r esponsibility of the Employer to maintain the recall list. It shall be the responsibility of the employee to keep the Employer informed of their current address.
4. Benefits shall not accrue during layoff.
5. Nothing in this Article or any part of this Agreement is intended to restrict the sole authority of the Employer to determine the financial necessity of service reduction, the form of the reduction, and the duration of the layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Labor Contract, Collective Bargaining Agreement
REDUCTION IN FORCE. 11.01 Should cause such as a fire, flood, explosion, Act of God, or any unforeseeable work stoppage by employees of an airline served by the Company, or circumstances beyond the control of the Company make it necessary to reduce the working force, the employees affected thereby shall be laid-off according to seniority with twenty-four (24) hours notice from the commencement of the work stoppage providing that seniority shall apply during such lay-off. In the event of a partial resumption of operations, the Board employees affected shall be recalled by seniority. Lay-off and Recalls
11.02 The Company has the right to lay-off employees to the extent it determines to reduce be necessary. In the number event of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equala lay-off, the order of layoff Company shall be lay-off in reverse order of seniority seniority. The onus shall be on the Company to establish that the senior employee has insufficient ability to perform the work required, and if proven, the Company will train the most senior person to perform the work required.
11.03 The Company shall notify the Union as an employee soon as possible prior to any lay-off. All employees shall receive at least fourteen (14) days notice of any lay-off, except in the Shore Collaborative. Qualifications case of lay-off as defined in Article 11.01.
11.04 Recall shall consist of evaluation and professional capabilities, such factors be by Registered Mail to be determined solely the address last filed by the Collaborative Board in employee with the Company, or by personal interview. The Union shall receive a non- arbitrary copy of each Letter of Recall and notification of each recall made by personal interview. A previous employee with seniority must keep the Company informed of any change of address by Registered Mail. All correspondence related to recall or capricious manner. For purpose change of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days address shall be used to compute an employee's length of service deemed received three (seniority). An employee shall acquire seniority beginning from 3) business days following the date of his or her employment. For registration.
11.05 If within seven (7) calendar days after the purposes date of this article, the length receipt of service Notice of Recall an employee shall be broken and no prior periods of employment with have failed to notify the Board shall be counted if such employee:
A. voluntarily resigns his Company that he/she intends to return to work or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall have satisfied the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or Company that he/she is laid off provided he unable to return because of accident or illness or other sufficient cause, he/she is qualified, certified, shall lose all seniority and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or his/her name shall be removed from the recall List, and recall rights shall be terminatedseniority list.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
REDUCTION IN FORCE. 9.01 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee and the Union shall have been notified of said layoff at least twenty (20) work days prior to the effective date of the layoff.
A. In the event the Board determines it is necessary to lay off or reduce the total number of employees, the total number of days worked by employees or the total number of hours worked by employees, district wide, the Board will first lay off or reduce through (1) attrition (2) then substitute employees (3) then temporary employees. Once the above procedure has been followed, employee volunteers shall be laid off or reduced and then employees with the least number of years of service to the district shall be laid off or reduced.
B. In the event the Board determines it is necessary to eliminate an entire classification, employees with the highest number of years of service to the district shall be offered transfers to posted vacancies in other classifications provided the employee is qualified to work in the bargaining unit new classification.
C. When employees are to be recalled, the first to be recalled shall be those last laid off or reduced within the preceding fifteen (15) month period in the reverse order that they were laid off or reduced. Recalled employees will be notified by phone, (personal contact, not voice mail), e-mail with a “read receipt” and certified mail. The employee is responsible for keeping their contact information updated. The employee shall respond within forty eight (48) hours after the receipt of notification to return to work by phone, (personal contact, not voice mail), e-mail with a “read receipt” and certified mail. The employee will have ten (10) days after receipt of notification to return to work except in extenuating circumstances. Failure to do so will result in the employee being dropped from the recall list.
D. In no case shall a new employee be employed by the Board in any job classification affected by a layoff during or reduction until the term layoff and recall procedures have been executed. Classification shall be defined as positions listed in Salary Matrix.
E. When employee years of this Agreement, where qualifications service are equal, the order date of layoff hire shall be in reverse order the determining factor. When date of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitieshire is equal, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employmentapplication shall be the determining factor. When date of application is equal, employees names will be drawn by lottery to determine placement on the seniority list.
9.03 Employees impacted by a Reduction in Force shall, upon application, be added to the substitute list for non-instructional employees.
9.04 Employees impacted by a Reduction in Force may continue their insurance benefits according to the COBRA regulations by paying the regular monthly per subscriber group rate premium for such benefit.
9.05 For the purposes of this articleArticle and Articles VI and VII, the a length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing provided to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shallUnion, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedupon request.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A layoff is a separation of an employee or employees from City employment for lack of work, lack of funds or for other reasons determined by the City other than the acts or delinquencies of the employee. In the event of a layoff, City shall, before implementing the layoff, notify the Officers of the Union regarding such proposed layoff, but the decision of the City as to the necessity for the layoff shall be final and not subject to the grievance proceedings provided for in Article 6 hereof. In the event of a reduction in force, the layoff shall come first from seasonal or part- time employees and thereafter from the remaining Firefighter positions. The City shall have the right to determine the individuals to be laid off and shall consider the seniority, ability to perform the work, and past performance of said persons. Employees selected to be laid off shall have the right upon written request within 14 calendar days of the layoff notice, to appear before the committee for City Union Cooperation to decide whether or not the employee laid off shall have the right to have a job in a classification in their division where the employee is qualified to perform the work, that is presently being held by an employee on probation. The City shall determine if the individual is most qualified for the position, but a majority decision of the committee shall be final and a tie vote shall mean that the original decision or status is upheld. In the event the Board City determines to reduce that a reduction in the number of employees lieutenant positions is necessary, any lieutenant whose position is terminated may revert to the rank and pay of a Firefighter in lieu of being laid off. In the event of a layoff due to a reduction in force, the employee laid off shall receive two (2) weeks notice thereof, and, in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as event an employee is not given such two (2) weeks notice, they shall nevertheless be entitled to two (2) weeks of pay even though they do not work for the Shore Collaborativetwo (2) week period following such notice. Qualifications shall consist of evaluation and professional capabilitiesIn addition, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee that is laid off shall be broken and no prior periods of employment with receive their earned vacation pay as determined under Article 9, Section 1. In the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute event a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the laid off employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director re-employed within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year, they may be restored to their former position. An employee that is laid off due to reduction in force, shall have recall rights for a period of one (1) year after from the effective date of layoff retain first preference their layoff. A Lieutenant that has reverted to Firefighter position shall, during the one (1) year recall rights in inverse order of layoff period, have the right to be reinstated to any Lieutenant position which is to be filled without any further testing. If more than one Lieutenant has reverted to a Firefighter position, the last to revert shall be the first to be reinstated if a position from opens up during the recall period. Firefighters shall be recalled rank using a procedure by which he or she is the last to be laid off provided he or she is qualifiedthe first to be recalled. Recall privileges will cease if upon recall, certifiedthe person fails to report within twenty (20) calendar days of written notification to recall. Such notice shall be sent by certified mail to the last address furnished to the Chief in writing by the former employee, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.twenty
Appears in 1 contract
Sources: Union Contract
REDUCTION IN FORCE. a. A Reduction in Force and the term "layoff" as used herein shall be separate and distinct from the terms “resignation,” “retirement” and “dismissal,” and shall mean the loss of an employee's employment with the Employer which is the result of any reason other than resignation, retirement or dismissal.
b. In the event that the Board determines to reduce the number Employer anticipates that a layoff of employees is to take place, the Employer will provide the Association with written notification which will include the positions proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon the Association’s request, the Employer will make available to the Association any data requested which pertains to the layoff determination. Any employee who is to be placed on layoff will be so notified in writing, by certified mail, at least thirty (30) days prior to the effective date of the layoff. The Association will be provided with a listing of the employees being notified of the layoff.
c. Layoffs caused by Reduction in Force shall be in order of seniority; that is, the employee last hired shall be the first released.
d. No full-time employee shall be laid off while temporary or part-time employees are serving in the bargaining unit by layoff during the term unit.
e. All recalls to employment shall likewise be in order of this Agreement, where qualifications are equalseniority; that is, the order last employee released as a result of layoff a Reduction in Force shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitiesfirst rehired, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which provided the employee is working, able to meet the physical requirements of the job. The Employer shall notify in writing such employees to return to work and furnish the Association with a copy will be forwarded to the President of this Associationsuch notification. This list It shall be deemed the employee's responsibility to be accurate unless challenges to its accuracy are submitted in writing to maintain a current address on record with the Executive Director within fifteen (15) working days from publication Employer for the purpose of the listsuch notification. An employee who is on layoff shallnotified to report to duty, for one but fails to notify the Employer within fourteen (114) school year after the effective date calendar days of layoff retain first preference his intention to recall rights in inverse order of layoff return to a position from which he or she is laid off provided he or she is qualifiedwork, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedconsidered as having forfeited his right to reemployment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of A. Layoffs or reduction in work force in any particular division shall be in reverse seniority starting with Seasonal employees, then Part-time employees and finally Full-time employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall affected departments. Any part-time work will be combined to create full-time work when practicable. Recall will be in reverse order of seniority as layoffs. Fringe benefits will continue in full if an employee works an average of thirty (30) hours per week in each three (3) month period.
B. In the Shore Collaborative. Qualifications event a layoff of employee(s) is necessary due to a reduction of work; layoffs or reduction in work force in any department shall consist be in reverse seniority order, beginning with Seasonal employees, then Part-time employees, then Full-time employees in the affected departments.
C. Upon the availability of evaluation and professional capabilitieswork in the original department of any employee affected by layoff in this Article, such factors the affected employee must return to be determined solely by the Collaborative Board in a non- arbitrary his or capricious manner. For purpose of this article, total continuous time as her original department if he or she was a full-time professional employee of Shore Collaborativeand a full-time position is available, in or if he or she was a permanent part-time employee and a part-time position covered by this Agreementis available, in months and days unless due to a bid vacancy the employee has established an independent right to his or her current position.
D. Recall shall be used by seniority by department. The Company shall notify the employee(s) to compute an employee's length be recalled by certified mail at the address on file with the Company. It shall be the sole responsibility of service (seniority). An the employee shall acquire seniority beginning from to keep the date Company and the Union informed of his or her employmentcurrent address at all times. For Any employee recalled to work must notify the purposes Company of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave intention to return to work within five (5) calendar days after receipt of absence the recall notice and must return to work within fourteen (14) calendar days after receipt of the recall notice or shall not constitute a break in service, for purposes of this article, however forfeit recall rights and seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by under this Agreement. The list shall show date of hire fourteen (14) calendar day period may be extended if mutually agreed upon in writing by the Company and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedUnion.
Appears in 1 contract
Sources: Labor Agreement
REDUCTION IN FORCE. In Where the event Employer determines the Board determines need to reduce the number of employees in a particular job title, employees in affected positions shall be laid off based upon seniority with the bargaining unit by layoff during least senior employee laid off first. The laid off employee shall have the term right to bump the least senior person in a position in the same or lower job title provided that the laid off employee, in the judgment of the Employer, is qualified for the position. Disputes as to whether the Employer was arbitrary or capricious in its judgment as to qualifications may be subject to the grievance and arbitration provisions of this Agreement, where qualifications are equal, . Part-time and full-time employees shall be considered as separate job titles. Positions may not be split for purposes of effectuating a bump. Any employee who is laid off will be placed on a recall list by job title classification in the order of layoff his/her seniority. Recall rights shall be in reverse order continue for up to 24 months from the date of seniority as lay-off. If an employee who has been laid off because of a reduction in force is rehired within two years, the employee will retain his/her seniority based on his/her original date of hire, excluding the period of the Shore Collaborativelayoff. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board When an opening exists in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is workingEmployer has decided to fill, and a copy recall list for such job title exists, the position first will be forwarded offered to employees on the recall list on the basis of seniority. After 24 months on the recall list, or after refusing a recall to the President of this Association. This list shall same job title classification, a laid off employee’s name will be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days removed automatically from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a The laid off employee refuses an offer will be required to keep the Town advised of recall, his or his/her name shall be removed from current address; and the recall List, and recall rights shall be terminatedTown can rely on the latest address listed in its records.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. a. In the event the Board Superintendent determines to abolish staff positions or to reduce the number of employees in the bargaining unit by unit, layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall will be in the reverse order of seniority within the staff classifications, subject to qualifications and skills. The Superintendent and/or his or her designee shall be the sole judge of qualifications, so long as an employee such determination is not unreasonable.
b. For the purposes of this Article, there are two staff job classifications:
(1) Administrative Assistants
(2) Clerical Aides
c. For purposes of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total agreement:
(1) Total continuous time as a full-time professional regular employee of Shore Collaborative, in a permanent position covered by this Agreement, Agreement or in the bargaining unit in months and days shall be used to compute an employee's ’s length of service (seniority)) in a staff position. An employee shall will acquire seniority beginning after completing the probationary period and their seniority shall then date from the date beginning of his or her employment. For (In case of a situation where two or more members of the purposes of this articlebargaining unit are appointed on the same date, and there is need for reduction in force within the classification, they shall draw lots to establish their relative seniority status).
(2) The length of service of an employee shall be broken and no prior periods of employment with the Board Belmont Public Schools shall be counted if such employee:
A. : voluntarily resigns his or her employment; or
B. , or is discharged for cause. An approved leave by the School Committee.
(3) The length of absence service of an employee shall not constitute a break in servicebe broken, for purposes of this article, however but no seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post accrue, if an employee who has been discharged only for reasons of reduction in force is re-employed in a seniority list of all employees position covered by this Agreement. The list Agreement within a period of 18 months immediately following the end of the recall period.
d. Staff who are to be affected by a reduction in force shall show be notified thirty (30) calendar days prior to the date of hire and the program in on which the employee reduction is workingto be effective, and a copy or payment will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy made in lieu thereof.
e. Staff who are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one twelve (112) school year months after the effective date of layoff retain first preference layoff, be provided an opportunity according to recall rights in inverse order of layoff seniority status to apply for a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name in their classification that become available during this period.
f. Appointment to such vacancies shall be removed from based on merit and specific qualifications for each vacancy as determined by the recall List, administrator involved and recall rights the Superintendent for Curriculum and Instruction. Such determination shall not be terminatedsubject to arbitration.
g. An employee shall have the right to refuse re-employment for a longer or shorter work year without jeopardizing their layoff status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event If full-time employees are removed or dismissed or have their hours decreased as a result of a decision by the Board determines to reduce either decrease the number of employees in employees, to discontinue a particular type of educational support service, or to reduce hours of employment, written notice, together with a letter of honorable dismissal and the bargaining unit by layoff during the term of this Agreementreason therefore, where qualifications are equal, the order of layoff shall be given the employee at least forty-five (45) days before he/she is to be removed or dismissed. Reductions shall be made in reverse order of seniority within the separate categories as an employee set forth in Article VI.E above, provided, however, that the employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Shore Collaborativeemployee(s) with less seniority. Qualifications Any employee who has completed three (3) or more years of service in the District and whose position is being reduced shall consist be entitled to bump a less senior employee in any other category for which the person is qualified. The determination of evaluation qualifications shall be made by the Board and professional capabilitiesshall not be subject to the grievance and arbitration procedure set forth in Article VII. If a vacancy occurs following a staff reduction within the recall period authorized by law, such factors the Board shall first offer reemployment to the employee(s) laid off (by category) in the reverse order of the reduction, provided the employee to be recalled is determined solely by to possess the Collaborative Board current skills, qualifications, and abilities necessary to perform the work in a non- arbitrary the job to which recalled. This recall right shall not apply to probationary or capricious manner. For purpose of this article, total continuous time as a fullpart-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)employees. An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence so recalled shall not constitute be deemed to have suffered a break in serviceemployment as a result of the RIF, but the employee shall not accrue any benefits, including seniority, for purposes the period of this article, however seniority the reduction. Notice of recall shall not continue be sent to accrue during such leave. Each fall an employee by certified mail (return receipt request) to the Executive Director shall post a seniority list of all employees covered last address submitted to the Board by this Agreementthe employee. The list employee must notify the Board, in writing within ten (10) calendar days of mailing or within five (5) calendar days of receipt of the offer, whichever shall show date first occur, of hire and the program in which acceptance or rejection of any vacant position tendered to the employee is working, and during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a copy will be forwarded to tendered position within the President of this Association. This list timelines set forth above shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, have waived his or her name shall recall rights and will no longer be removed from eligible for any other vacant positions that become available within the recall List, and recall rights shall be terminatedperiod.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In Whenever it becomes necessary, as determined by the event the Board determines Employer, to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equalemployees, the order of layoff Employer shall be in reverse order of seniority proceed as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employeefollows:
A. voluntarily resigns his or her employment; orThe Employer shall determine the number of employees to be laid off in each affected classification. Job classifications include Service and Support Specialist and Nurse.
B. is discharged for cause. An approved leave The Employer shall endeavor to provide affected employees with at least (20) days notice of absence shall not constitute a break intended layoff.
C. The Employer may consider laying off an employee(s) in service, for purposes the classification(s) to be reduced who submits to the Business Manager written notice of this article, however seniority shall not continue his/her willingness to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreementbe laid off. The list Employer has absolute discretion to lay off or retain any such volunteer(s).
D. In the absence of a volunteer(s) deemed suitable by the Employer, the Employer, shall show date of hire and the program in determine which the employee employee(s) is working, and a copy will be forwarded to the President of this Association. This list shall be deemed (are) to be accurate unless challenges laid of on the basis of seniority.
E. The Employer may permit an employee who is to its accuracy are submitted be laid off as a result of a reduction in writing force to the Executive Director within fifteen (15) working days from publication of the listbump an employee with less seniority in another classification.
1. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is be laid off may be eligible to bump into a classification within PGO contract provided he or that the employee currently is qualified for the position into which he/she is qualifiedseeks to bump. A displaced employee who bumps into a classification will be assigned to the appropriate wage step in the new classification.
2. In determining whether to permit bumping, certified, and meets the needs Employer shall consider the factors identified in paragraph D above.
F. Employees who are laid off shall be placed on a recall list for a period of the Collaborativetwenty-four (24) months. If a position opens up in a classification in which an employee(s) on the recall list was employed at the time he/she was laid off employee refuses an offer off, such employee(s) will be recalled in reverse order of recall, his or her name layoff. The provisions of this article are intended to supersede the procedures set forth in O.R.C. 124.321. Bargaining unit employees being recalled to work after layoff shall be removed notified by the Employer by telephone and by certified mail sent to each employee’s last address on record in the Employer’s Human Resource Department and shall have ten (10) working days, exclusive of Saturdays, Sundays, or holidays, from the recall Listdate of mailing within which to report to work. Such mailing address or telephone number may be used by the Employer in giving any notice to the employee which may be required under any provisions of this Agreement.
G. Should the Employer determine that a reduction in force is necessary, the Employer will notify the Columbus office of the Union and recall rights schedule a meeting. The meeting shall be terminatedoccur at least ten calendar days prior to the notice going out as provided in Article 10 (B) of this Agreement. The Employer and Union will discuss the offer to volunteers to take a reduction in hours prior to imposing an involuntary reduction in force.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event that it becomes necessary to lay off employees, the Board determines City shall notify DOE’s President of the reasons with at least two weeks notice prior to reduce the layoff of non-probationary employees. In reducing the number of employees in a classification within a department, qualifications and seniority shall govern.
A. The employee being laid off may not displace employees in other departments.
B. The City has the bargaining unit by layoff during sole right to determine if a vacancy exists in any other classification and/or department, and whether or not the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an displaced employee could fulfill all job requirements of the Shore Collaborativevacancy after a reasonable trial period.
▇. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in ▇▇▇ will not oppose a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service reasonable transfer of an employee from the curtailed classification to another department or classification.
D. During the trial period the employee will be reviewed, counseled and instructed on their progress in the job.
E. Should the employee fail to meet the requirements of the job and be disqualified, he/she shall be broken and no prior periods of employment with the Board reassigned to other classifications by step "B" above or laid off.
F. The employee shall be counted if such employee:paid within the range for the job to which transferred at the wage closest to their present wage.
A. voluntarily resigns his G. When additional employees are needed in a classification, the regular employees who have been laid off or her employment; or
B. is discharged for causetransferred out of that classification within a one year period, due to the lack of work, shall be offered the jobs before they are filled by promotion or transfer of employees with less seniority, or by hiring of new employees. An approved leave of absence A notification shall not constitute a break in service, for purposes of this article, however seniority shall not continue be sent to accrue during such leave. Each fall them by registered mail to the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and latest mailing address supplied to the program in which the employee is workingCity, and a copy will copies of such notification shall be forwarded to the President of this AssociationDOE’s President. This list The City shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director notified within fifteen (15) five working days from publication after receipt of the list. An notice by the former employee who is on layoff shall, for one (1) school year after of their desire to accept the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs offer of the Collaborativejob and the former employee will start work not later than three weeks after receipt of the notice. If a laid off Should the employee refuses an offer of recallfail to respond or report, his or her name shall he/she will be removed dropped from the recall List, and recall rights shall be terminatedCity employment rolls.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during A. During the term of this Agreement, where qualifications are equal, the order of layoff contract there shall be no reduction of personnel except for good cause, reduction in reverse order of seniority as an employee finances and reduction in student enrollment, and then only in conformity with this Agreement and with the Statutes of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitiesState.
B. If a reduction in personnel is being considered, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall notify and consult with the Association as soon as practical, but not later than April 30 of the year in which the reduction is to take place. The Board shall state to the Association the reasons for determining that a reduction of staff is deemed necessary.
C. Leaves of absence without pay shall automatically be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for causegranted to all employees affected by a reduction. An approved leave These leaves of absence shall not constitute a break in serviceprohibit the employees from seeking and accepting gainful employment elsewhere, for purposes of this article, however seniority and shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication terminated for that reason except on written request of the listemployee. An employee who is on layoff shall, may elect to take and will be granted leave of absence without pay during the staff reduction irrespective of his position or the seniority list. Such leave shall be in effect for one (1) school year after year.
▇. ▇▇▇▇▇▇ said leave of absence, the effective date employee shall receive no insurance benefits at Board expense. Provisions will be made where possible that employees may continue, at their own expense, the insurance coverage at the group rate.
E. During said leave of layoff retain first preference absence, the employee’s seniority shall remain unbroken despite such leave, and his accumulated sick leave shall not be cancelled, but shall remain credited to recall rights him pending his return to an assignment in inverse order this district within the procedure outlined in Paragraph H, Section 1 of layoff this Article.
F. The fact that an employee is placed on leave of absence for the purpose of staff reduction shall not result in the loss of status or credit for previous years of service. Upon return to the district, he shall assume the step position on the salary schedule which he would have held had he been actively employed in the district to a position from maximum of one (1) year’s credit.
G. Reduction of certified personnel who are represented by the bargaining unit shall be made according to the following:
1. Seniority for the purpose of this Article shall be defined as non- terminated years of employment in the district. Leaves of absence shall be subject to the provisions in Article XVIII of this Agreement.
2. A seniority list shall be prepared by the Board and presented to the Association (which he or she includes all present bargaining unit personnel) sixty (60) days prior to the anticipated reduction.
3. It is expressly understood that the Association shall have the right to review the layoff list prior to notification of the individual employees to be laid off. In the event of a disagreement concerning the layoff list, the Association shall have the right to meet with the superintendent prior to notification of the individual employees and prior to the notification deadline.
4. Probationary teachers will be laid off provided he or she first where any teacher who has acquired tenure and whose position has been curtailed is qualified, certified, certified and meets qualified to perform the needs services of the Collaborativeprobationary employee.
5. If a In the event teachers must be laid off employee refuses an offer off, layoff will be on the basis of recallseniority and certification, his or her name except as provided for in Number 4 above.
6. In the case of teachers with identical seniority, this level of certification shall be removed from the recall List, and recall rights standard. Those with less than standard certification shall be terminatedconsidered for layoff before anyone with standard certification.
7. In the case of identical certification, the accumulation of credits toward standard certification shall be the standard.
8. In the case of all the above factors being equal, teachers shall be considered on the basis of their evaluation ratings with the least satisfactory to be released from service first providing that the evaluations were performed according to the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In A. The Board may reduce personnel or hours through layoffs, the event abolishment of positions, or similar measures. The Board may take such action for any reason it determines necessary, including, but not limited to, lack of work, lack of funds, termination of programming, or other considerations.
B. When taking action to implement a reduction of personnel or hours, the Board determines shall specify the reason necessitating the reduction. The employee whose position or hours are being affected shall be provided with written notice of the Board's action.
C. For the purpose of reductions, layoffs, or recall, the Career Center's then current job classifications shall be used. Employees in the affected classification will be reduced on the basis of seniority. Employees shall not have the right to reduce the number of displace or "bump" employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff another job classification.
D. Seniority shall be in reverse order defined as follows:
1. The length of seniority as continuous employment by an employee of the Shore CollaborativeBoard, as computed from the employee's beginning date of work. Qualifications Work as a substitute employee prior to being a regular employee shall consist not be counted toward seniority.
2. Leaves of evaluation and professional capabilitiesabsence granted by the Board shall not be counted toward seniority, such factors nor shall they break any accumulated seniority.
3. In cases of identical seniority, the date of the Board of Education meeting at which the employee was hired shall determine his/her position on the seniority list. If there is still identical seniority, the date of the employee's initial application will determine his/her position on the seniority list. The third tiebreaker will be the employee's date of entry into his/her classification. If a tie continues, the position on the seniority list will be determined by a flip of the coin. The local OAPSE President shall have the opportunity to be present for the coin flip.
E. Employees who have been laid off shall be placed on a recall list. Employees on the recall list will have the opportunity to be placed in an opening which occurs in the same classification the employee formerly held at the time the employee was laid off. The order of recall shall be determined solely on the basis of greater seniority, as defined above. Notice of recall shall be emailed and sent to the employee by certified mail to the last email and mailing address provided by the Collaborative Board in a non- arbitrary or capricious manneremployee to the Treasurer's office. For purpose The period of this article, total continuous time as a fullrecall eligibility shall continue for twenty-time professional employee four (24) months from the date of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)layoff. An employee shall acquire seniority beginning remain eligible for recall unless:
1. The time limit for recall has expired; or
2. The employee resigns; or
3. The employee accepts or declines recall to the same job classification from which the date employee was laid off; or
4. The employee fails to respond to a recall notice within ten (10) calendar days of his receipt or her employment. For attempt of delivery to the purposes of this articleemployee's last known residence.
F. Upon return to service, the length of service of an employee shall be broken and no prior periods credited with all back seniority. However, the period of employment with the Board layoff shall not be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged within that earned seniority total. Experience credit will not be granted for cause. An approved leave the period of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedlayoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. a. The term "layoff" as used herein shall be separate and distinct from the terms “resignation,” “retirement” and “dismissal,” and shall mean the loss of an employee's employment with the Employer which is the result of any reason other than resignation, retirement or dismissal.
b. In the event that the Board determines to reduce the number Employer anticipates that a layoff of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equalis to take place, the order Employer will provide the Association with written notification which will include the positions proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon the Association’s request, the Employer will make available to the Association any data requested which was used by the Employer in making the layoff determination. Any employee who is to be placed on layoff will be so notified in writing, by certified mail, at least thirty (30) days prior to the effective date of the layoff. The Association will be provided with a listing of the employees being notified of the layoff.
c. Layoffs shall be in reverse order of seniority as an seniority; that is, the employee last hired shall be the first released.
d. All recalls to employment shall likewise be in order of seniority; that is, the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time last employee released as a full-time professional employee result of Shore Collaborative, a Reduction in a permanent position covered by this Agreement, in months and days Force shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this articlefirst rehired, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which provided the employee is working, able to meet the physical requirements of the job. The Employer shall notify in writing such employees to return to work and furnish the Association with a copy will be forwarded to the President of this Associationsuch notification. This list It shall be deemed the employee's responsibility to be accurate unless challenges to its accuracy are submitted in writing to maintain a current address on record with the Executive Director within fifteen (15) working days from publication Employer for the purpose of the listsuch notification. An employee who is on layoff shallnotified to report to duty, for one but fails to notify the Employer within fourteen (114) school year after the effective date calendar days of layoff retain first preference his intention to recall rights in inverse order of layoff return to a position from which he or she is laid off provided he or she is qualifiedwork, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from considered as having forfeited his right to reemployment.
e. Layoffs and subsequent recall shall not be considered as a new employment affecting the recall Liststatus of previous employees, and recall rights nor shall be terminatedit require the placement of reemployed personnel in a probationary status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. a. A Reduction in Force and the term "layoff" as used herein shall be separate and distinct from the terms “resignation,” “retirement” and “dismissal,” and shall mean the loss of an employee's employment with Employer which is the result of any reason other than resignation, retirement or dismissal.
b. In the event the Board determines to reduce the number that Employer anticipates that a layoff of employees is to take place, Employer will provide Association with written notification which will include the positions proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon Association request, Employer will make available to Association any data requested which pertains to the layoff determination. Any employee who is to be placed on layoff will be so notified in writing, by certified mail, at least thirty (30) days prior to the effective date of the layoff. The Association will be provided with a listing of the employees being notified of the layoff.
c. Layoffs caused by Reduction in Force shall be in order of seniority; that is, the employee last hired shall be the first released.
d. No full-time employee shall be laid off while temporary or part-time employees are serving in the bargaining unit by layoff during the term unit.
e. All recalls to employment shall likewise be in order of this Agreement, where qualifications are equalseniority; that is, the order last employee released as a result of layoff a Reduction in Force shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitiesfirst rehired, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which provided the employee is working, able to meet the physical requirements of the job. The Employer shall notify in writing such employees to return to work and furnish the Association with a copy will be forwarded to the President of this Associationsuch notification. This list It shall be deemed the employee's responsibility to be accurate unless challenges to its accuracy are submitted in writing to maintain a current address on record with the Executive Director within fifteen (15) working days from publication Employer for the purpose of the listsuch notification. An employee who is on layoff shallnotified to report to duty, for one but fails to notify Employer within fourteen (114) school year after the effective date calendar days of layoff retain first preference his intention to recall rights in inverse order of layoff return to a position from which he or she is laid off provided he or she is qualifiedwork, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from considered as having forfeited his right to reemployment.
f. Layoffs and subsequent recall shall not be considered as a new employment affecting the recall Liststatus of previous employees, and recall rights nor shall be terminatedit require the placement of reemployed personnel in a probationary status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In A. Any employee who is laid off because of a reduction in staff shall be notified at least two (2) weeks in advance, when possible, in writing by the event Executive Director of Human Resources/Legal Affairs or his designee.
B. The Board shall, in an instance of reduction in force, determine the position(s) to be affected, and notify the Union of such reductions. The decision of the Board determines with respect to reduce said reductions in personnel shall be final.
1. Probationary employees assigned to the number of affected position(s) shall be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) shall be laid off in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the reverse order of layoff their seniority, with the employee having the least seniority being laid off first.
3. Employees laid off through the procedures set forth in this Article shall be retained on a recall list for a period equal to the sum of their accrued seniority, and shall be recalled in reverse order of their layoff to their former position (or to vacant positions) should any become available, without implementing the bid procedure.
4. The parties reserve the right during period(s) of reduction(s) to meet and discuss alternative procedures to the implementation of Article 13 (B)(2) and (3). Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth in sections (2) and (3). This provision shall become effective after the ratification of this Agreement.
C. Recall of laid off ▇▇▇▇ Adult High School Assistants performing instructional duties shall be from the primary subject area from which the assistant was laid off, or to an area for which the assistant is qualified, by seniority. Qualified shall be defined as: A person that has taken post-graduate classes in the subject area or one that has had experiences working in the subject field. It is understood that no application of the aforestated seniority standard shall, for purposes of layoff or recall, compel the Board to retain or recall any employee in any position for which he/she cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
D. No position shall be filled, except on a temporary basis while employees entitled to recall remain on layoff.
E. An employee laid off under this Article shall be retained on a recall list for a period equal to the sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at his/her last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors fails to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and report for work within five (5) working days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. For the purposes of this article, the length of service of an It is understood that such employee shall be broken and no prior periods of employment with is responsible for keeping the Board shall advised in writing of any change of address, and will not be counted excused for failure to report for work upon recall if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and fails to receive a copy will be forwarded recall notice because of his/her own failure to advise the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted Board in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date a change of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedaddress.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In A. Any employee who is laid off because of a reduction in staff shall be notified at least two (2) weeks in advance, when possible, in writing by the event Executive Director of Human Resources/Legal Affairs or his designee.
B. The Board shall, in an instance of reduction in force, determine the position(s) to be affected.
1. Probationary employees assigned to the affected position(s) shall be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) shall be laid off, with the employee having the least seniority being laid off first.
C. An employee who has been laid off from an affected position may displace an employee in a position the laid off employee has previously held, provided the displacing employee has more seniority than the employee to be displaced.
D. It is understood that no application of the aforestated seniority standard shall, for purposes of layoff or recall, compel the Board determines to reduce retain or recall any employee in any position for which he/she cannot perform all the number duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis while qualified employees in entitled to recall remain on layoff. Employees shall be recalled by their seniority, with the most senior qualified employee being recalled first and the least senior qualified being recalled last. The Board agrees that it will not hire new employees for positions within the bargaining unit by layoff during the term of so long as a qualified employee remains on layoff.
F. An employee laid off under this Agreement, where qualifications are equal, the order of layoff Article shall be retained on a recall list for a period equal to the sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at his/her last known address as recorded in reverse order the Office of seniority as Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors fails to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and report for work within five (5) working days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. For It is understood that such employee is responsible for keeping the purposes Board advised in writing of this articleany change of address, and will not be excused for failure to report for work upon recall if the length employee fails to receive a recall notice because of service his/her own failure to advise the Board in writing of an a change of address.
G. An employee shall not be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue permitted to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An displace another employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or works more hours per day than he/she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminateddoes.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- non-arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. : voluntarily resigns his or her employment; or
B. or is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event If full-time employees are removed or dismissed or have their hours decreased as a result of a decision by the Board determines to reduce either decrease the number of employees in employees, to discontinue a particular type of educational support service, or to reduce hours of employment, written notice, together with a letter of honorable dismissal and the bargaining unit by layoff during the term of this Agreementreason therefore, where qualifications are equal, the order of layoff shall be given to the employee at least forty-five (45) days before removal or dismissal. Reductions shall be made in reverse order of seniority within the separate categories as an employee set forth in Article VI.2.F above, provided, however, that the employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Shore Collaborativeemployee(s) with less seniority. Qualifications Any employee who has completed three (3) or more years of service in the District and whose position is being reduced shall consist be entitled to bump a less senior employee in any other category for which the person is qualified. The determination of evaluation qualifications shall be made by the Board and professional capabilitiesshall not be subject to the grievance and arbitration procedure set forth in Article VII. If a vacancy occurs following a staff reduction within the recall period authorized by law, such factors the Board shall first offer reemployment to the employee(s) laid off (by category) in the reverse order of the reduction, provided the employee to be recalled is determined solely by to possess the Collaborative Board current skills, qualifications, and abilities necessary to perform the work in a non- arbitrary the job to which recalled. This recall right shall not apply to probationary or capricious manner. For purpose of this article, total continuous time as a fullpart-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)employees. An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence so recalled shall not constitute be deemed to have suffered a break in serviceemployment as a result of the RIF, but the employee shall not accrue any benefits, including seniority, for purposes the period of this article, however seniority the reduction. Notice of recall shall not continue be sent to accrue during such leave. Each fall an employee by certified mail (return receipt request) to the Executive Director shall post a seniority list of all employees covered last address submitted to the Board by this Agreementthe employee. The list employee must notify the Board, in writing within ten (10) calendar days of mailing or within five (5) calendar days of receipt of the offer, whichever shall show date first occur, of hire and the program in which acceptance or rejection of any vacant position tendered to the employee is working, and during the recall period. Any employee who fails to notify the Board of the acceptance or rejection of a copy will be forwarded to tendered position within the President of this Association. This list timelines set forth above shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to have waived recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall will no longer be removed from eligible for any other vacant positions that become available within the recall List, and recall rights shall be terminatedperiod.
Appears in 1 contract
Sources: Collective Bargaining Agreement