Common use of REDUCTION IN FORCE Clause in Contracts

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

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REDUCTION IN FORCE. If When the Board of Education determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundscertified staff positions, the following procedures shall apply.: 1. To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for employees who retire, resign, or whose limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions. 2. Reductions shall needed beyond those available by attrition will be made by the suspending of contracts based upon the Superintendent's recommendationor non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows: a. a). All members of teachers in the bargaining unit will be placed on a seniority list for lists in each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts This list will be placed at provided to the top Association President in accordance with Article I, B6 b). Reductions in any area of certification will be made from the bottom of the list, seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in descending order another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also reduction in descending order of seniorityforce only exist after equivalent evaluations. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) c). If two or more teachers bargaining unit members have the same length of continuous service, seniority will be determined by: a) 1. The date of the board Board meeting at which the teacher bargaining unit member was hired, and then by; b) 2. The date the teacher bargaining unit member signed his/her his initial employment contract in the district; 3. The date on which the bargaining unit member submitted the first completed job application within the two year period preceding the effective date of the teacher's first teaching contract with the Board of Education, if the date is available; 4. If any ties remain after (a), (b), and then by; (c) Any remaining ties ), they will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 23. The names of teachers bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for eighteen (18) up to 24 months from the date of the reduction. Teachers Bargaining unit members on the recall list will have the following rights: a. Teachers a). No new teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for the vacancy; b). Bargaining unit members on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated./licensed b. c). If a vacancy occurs, the Board will send a certified announcements letter by US mail to the last known address of all teachers bargaining unit members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her his current address. All teachers bargaining unit members are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. d). A teacher bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she he enjoyed at the time of layoff. Where group insurance policies permit, a bargaining unit member on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in those benefits which are provided to teachers in active employment provided the teacher pays the group rates for such benefits. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

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

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds3319.17, the following procedures shall apply: A. At least sixty (60) calendar days prior to proceeding with an anticipated staff reduction, the Association president shall be notified by the Superintendent of the Board's intent to consider a staff reduction. A meeting shall be held between representatives of the Association and the Superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Also, at this meeting, the Association will be provided with a seniority list of all employees. 1B. To the extent possible, the number of employees affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non-renewed due to unsatisfactory performance. It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions. Reductions beyond those covered by attrition shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. 1. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers Then those serving under limited contracts will be placed on the list under continuing contract teachers, also listed in descending order of seniority. b. 2. Seniority will be defined as the length of continuous service as a certified certificated employee under regular contract in this districtdistrict as a bargaining unit member. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

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

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsfinancial reasons, the following procedures shall apply: A. Prior to proceeding with an anticipated staff reduction, the Association president shall be notified by the superintendent of the Board's intent to consider a staff reduction not less than four (4) months prior to the date the superintendent is recommending a reduction to the Board of Education for action. A meeting shall be held between the president of the Association and the superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Within ten (10) days of the meeting, the superintendent shall provide the Association with a RIF list of potentially affected positions/employees which shall be based on certificate/license, OTES final summative rating, and seniority. 1. B. Reductions shall be made by the suspending of contracts based upon the Superintendentsuperintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. 1. Position(s) vacated as a result of voluntary resignation, retirement, or death will not be filled. 2. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. 3. Seniority will be defined as the length of continuous service as a certified certificated employee under regular contract in this district. (1) a. Board approved leaves of absence will not interrupt seniority seniority, but time spent on such a leave shall not count toward seniority. b. If two (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The : - the date of the board Board meeting at which the teacher was hired, and then by; b) The by - the date the teacher signed his/her initial employment contract in the district, and then by; c) Any then; - any remaining ties will be broken by lot. c. 4. Recommended reductions in a teaching field will be made by selecting the lowest person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided . Any such election must be made at the time the teacher is notified he/she is certificated in that second areawill be affected. 25. An employee whose contract is to be suspended due to a RIF shall be given thirty (30) days’ advance written notification prior to the implementation of the RIF. The Association shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the date of the Employer’s action to implement the RIF. C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for up to eighteen (18) months from the date of the reductioncontract suspension. Teachers on the recall list will have the following rights: a. 1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the vacancy. 2. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. 3. If a vacancy occurs, the Board will send a certified announcements announcement to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her his current address. All teachers are required to respond in writing to the district office within ten seven (107) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten seven (107) calendar days, or who declines to accept the position, will forfeit all recall rights. c. 4. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she he enjoyed at the time of layoff. 35. Every possible effort will be made to recall all properly certificated employees as positions become available within eighteen (18) months. 6. Recognition of additional certification, license, or entry-level requirements earned or reported while on layoff status for recall purposes, provided such information is filed with the Employer prior to recall. 7. The right to priority status on the substitute list, upon request. Names from such requests will then be communicated to the Board staffing service. D. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of fundsfinancial reasons. This article Article shall not require the Board of Education to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

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

REDUCTION IN FORCE. If 26-1 The School District retains the Board determines it right to determine when a reduction in force/layoff is necessary to reduce necessary, the number of bargaining individuals who must be reduced in force, and the positions within a division or unit positions under O.R.C. §3319.17 or in which such reductions in force will occur. The Administrators' Advisory Council will serve in an advisory capacity to the Superintendent and to the Cabinet regarding this paragraph as provided for decrease in fundsArticle 19 of the current Agreement. 26-2 Subject to the determinations in 26-1 above, the following procedures shall apply.School District agrees to the following: 1. Reductions shall be made 26-2-1 Administrators who volunteer to leave from the positions within a division or unit affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on the first to be reduced in force. 26-2-2 If the necessary reductions cannot be made through attrition and/or resignation, then administrators who have been twice rated as unsatisfactory within the last two (2) successive contract years will next be reduced in force. If the necessary reductions cannot be made by the reduction in force of administrators with two (2) unsatisfactory evaluations within the last two (2) successive contract years, then administrators who have received a recall list for eighteen disciplinary document within the last two (182) months from successive contract years which resulted in a suspension of five (5) days or more will be the date of the reductionnext to be reduced in force. Teachers Administrators will be reduced in force based on the recall list will number of suspension days received in descending order. If the necessary reductions cannot be made by reducing in force those administrators who have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, been twice rated as unsatisfactory or who declines have received a disciplinary document or documents which resulted in a suspension or suspensions, then administrators who have been determined to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of have abused their sick leave, will be the next to be reduced in force. An administrator’s abuse of sick leave will be based on a review conducted by Employee-Management Relations and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures which resulted in the district.administrator being required to repay the School District for abusing sick leave. An administrator who is reduced in force under the provisions of 26-2-2 will not be recalled to an administrative position. 26-2-3 Any additional reduction in force of an administrator shall be determined by using the following criteria in rank order listed to designate the least senior administrator who will next be reduced in force:

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the The following procedures shall applygovern the reduction of staff made necessary through decreases in student enrollment, changes in instruction, shortage of funds, or other reasons identified by the Board and the Administration of the Bedford City School District. Such procedures shall be in compliance with state and federal laws relating to employment decisions and equal employment opportunities. A. If there is to be a reduction in force, the OAPSE President and each affected employee shall be notified in writing at least thirty (30) calendar days prior to the layoff with: 1. Reductions The reason for the reduction; 2. The effective date of the reduction; 3. Advice as to replacement positions available; and 4. Notification of any COBRA rights. B. The number of people affected by a reduction shall be made kept to a minimum by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen not employing replacements, insofar as follows: a. All members of the bargaining unit will be placed on practical, for employees who resign, retire, or otherwise vacate a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityposition. b. Seniority will C. For purposes of RIF, seniority shall be defined as the uninterrupted length of continuous service from the first day of work as a certified employee under regular contract in this district. (1member of the bargaining unit. In the event of a tie, the following tie-breakers will be used: a.) Board approved leaves substitute work for the Bedford School District, b.) flip of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. a coin. For employees holding two (2) If two or more teachers have the same length of continuous servicepositions simultaneously, seniority will shall be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotcalculated separately for each assignment. c. Recommended reductions in a teaching field will be made by selecting D. If the person lowest on being reduced is the seniority list for that area of certification who is currently assigned to a position least senior employee in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certificationgroup, provided he/she is certificated may bump the least senior employee in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office next lowest group within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed classification closest in assigned hours to those held at the time of layoff.. Bumping proceeds downward, not upward, among groups. Bumping shall occur only within the appropriate classification. (See section K.) 3E. If an affected employee is the last on the seniority list in a group when bumped, and this employee cannot qualify within another lower group, then layoff will occur. If an affected employee in an eliminated position, or one who has been bumped, does not choose to bump the least senior employee in his/her group or in a lower group, layoff will occur. The parties agree that these procedures apply only employee who is bumped has the right to bump the suspension of contracts least senior employee under O.R.C. 3319.17 or for decrease of fundsthe same procedure. This article (See section K.) F. After exhausting bumping rights within their classification, employees will be permitted to bump into a classification previously worked, if qualified. The employee bumping into the previously held position shall not require the Board have reasonable time to fill any vacancy, nor shall it interfere comply with any other lawful personnel procedures changes in federal law, state law and/or Board policies/job descriptions. Bumping into a lower paying classification shall automatically place the districtemployee on the same salary step of the new classification. (See section K.) G. Bumping into a lower paying group shall automatically place the employee on his/her present step of the new group. (See section K.) H. When a reduction in force takes effect for a 12-month (260 day) employee, insurance coverage will be continued for that month and the following month. When a reduction in force takes effect for a less than 12-month (260 day) employee, insurance benefits will be continued until accrued benefits are exhausted.

Appears in 3 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. A. Introduction 1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15. B. Necessity and Extent 1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting. 2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one. 3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching. C. Educational Program 1. If the Board determines it has determined that RIF is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsnecessary, the following procedures Superintendent shall apply. 1. Reductions shall be made by recommend the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members content of the bargaining unit will be placed on educational program of the following year to the Board at a seniority list for each teaching field for which they are properly certificated/licensedSpecial Meeting scheduled later in April. Teachers serving under continuing contracts will be placed The Board shall determine at the top of meeting the list, educational program for the following year. Both the Superintendent and the Board shall consider the following factors in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined bytheir actions: a) The date program needs of the board meeting at which the teacher was hired, and then by;students. b) The date graduation requirements of the teacher signed his/her initial employment contract in the district, and then by;students. c) The requirements of accreditation. d) The requirements for compliance with the Basic Education Act. D. Educational Staff 1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year. 2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any remaining ties certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence. 3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot. c. Recommended reductions in a teaching field 4. For each position that will be made by selecting reduced, the person lowest on teacher with the least seniority list for that area of certification who is currently assigned to a position in that teaching fielddepartment shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below. 5. A teacher so affected may elect who by seniority is being considered for RIF shall be determined to displace be necessary for the educational program of the next year, if that teacher during the current year teaches a teacher who holds a lower position on a seniority list for another area of certification, provided he/she class that is certificated included in the next year's educational program that second areano other teachers in the District is qualified to teach as defined below. 26. The names A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered. 7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers whose contracts are suspended in a reduction in force who will be placed on a recall list for eighteen (18) months from the date of the reductionnon-renewed. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will This notice shall be given early enough to allow the vacant position. Any teacher who fails appeals procedure to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightstake place before May 15. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

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

REDUCTION IN FORCE. If 14.01 When a reduction of staff is deemed appropriate, due to financial reasons as determined by the Board, by reason of decreased pupil enrollment, return to duty of regular teachers after leaves of absence, suspension of schools, or territorial changes affecting the District, the Board determines it is necessary to reduce will implement such reduction in accordance with this procedure. A decline in student enrollment as prescribed in the statute shall be defined as a decline in the number of students District-wide over the previous five (5) school years. 14.02 Thirty (30) days prior to the Board implementing a reduction in force, the Association President will be notified in writing of the intent to reduce staff. 14.03 Ten (10) days before the Board acts on a reduction in force, the individual affected bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, members will be alerted of the fact by the Administration. 14.04 The Association President shall receive the following procedures shall apply.information prior to the Board implementing a reduction force: 1. Reductions shall be made by The reasons for the suspending reduction. 2. A list of contracts based upon the Superintendent's recommendation. Those contracts specific positions to be suspended will be chosen as follows:reduced. a. 3. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly and regularly certificated/licensed. Teachers Bargaining unit members serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachersbargaining unit members, also in descending order of seniority, according to the records of the District. It is the sole responsibility of a teacher to update the information possessed by the District concerning the current certificates/licenses he/she possesses by September 15th of each year. The Board shall submit the seniority lists to the Association for its review by October 30 of each year. By November 30 of each year, the Association shall advise the Board of any errors on the seniority lists. Thereafter, the seniority lists shall be considered final until the seniority lists for the next year are created, except in the case of properly awarding continuing contract(s). b. 14.05 Seniority shall not be the basis for making decisions regarding reduction in force except when choosing between bargaining unit members who have comparable evaluations, regardless of contract status. For reduction in force purposes only, Accomplished and Skilled will be defined as the length of continuous service as a certified employee under regular contract in this districtconsidered comparable. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave 14.06 Seniority shall not count toward seniority. (2) If two or more teachers have the same mean length of continuous service, on a contracted basis, in the District. Approved leaves of absence shall not break continuous service but neither shall they count for years of service. Should a tie occur, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The by date the teacher signed his/her initial Board takes action on the employment contract in the districtcontract. Thereafter, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions drawing of the highest card from a deck of cards, in a teaching field will be made by selecting meeting of the person lowest on Association President and Superintendent. Ace is the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2highest card. The names affected bargaining unit members may be present during the drawing of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificatedcards. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. 19.1 A Reduction in Force shall be defined as the reduction of or the elimination of a position in the bargaining unit. 19.2 If a current bargaining unit member resigns or retires, the Board determines it is necessary may elect not to reduce replace that bargaining unit member if the elimination of the position does not impede the educational programs of the school district as determined by the Superintendent and Board of Education. 19.3 The board may implement a reduction in force following territorial changes that affect the district, decreased enrollment, return to duty of regular teachers after leaves of absence, or for financial reasons. To the extent possible, the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made members affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed minimized by not employing replacements for bargaining unit members who retire or resign. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 19.4 Having made a determination that such reduction is to be recommended to the Board for the above reasons, the superintendent shall inform the Association of the decision at least twenty- eight (28) calendar days prior to the Board meeting at which action shall be taken on a recall list the reduction. The notification shall include the reason(s) for eighteen (18the RIF; the position(s) months from to be reduced or eliminated; the proposed date of the reductionBoard's action to implement the RIF; and the proposed effective date of the RIF. Teachers on The Superintendent and Association shall meet and review the recall list will have reasons for the following rights: a. Teachers on proposed Reduction in Force, its impact, and any other related subjects if requested by the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursAssociation, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar daysdays of the receipt of the notification. Within five (5) days of the request by the Association, a meeting shall be set between the Superintendent and the Association's representatives unless such a date is mutually extended. 19.5 The Association shall be given a reduction in force list which includes all teachers in each area of certification affected by the RIF. Within each such affected area, all teachers shall be listed in the order of district seniority. 19.6 A. In making any reduction in force, the board shall proceed to suspend contracts in accordance with the recommendation of the superintendent, who shall, within each teaching field affected, give preference to teachers on continuing contracts. The most senior of those responding will be given the vacant position. Any board shall not give preference to any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher based on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leaveexcept when making a decision between teachers who have comparable evaluations, and salary schedule placement as he/she enjoyed at the time of layoffdefined below. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. 2.8.1 If the Board determines it is becomes necessary because of federal contract modifications, insufficient funds, loss of enrollment, or an emergency caused by an act of nature, to reduce decrease the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsmembers, the following procedures principles shall apply. 1. Reductions shall be made by apply in determining the suspending order of contracts based upon the Superintendent's recommendation. Those contracts unit members to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, laid off (not in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district.priority): (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniorityLast-in, first-out within subject area. (2) If two Job Performance. Management will not assess relative job performance in an arbitrary or capricious manner. Upon written request from an affected unit member or the AFT, management will explain in writing how job performance affects the order of layoff. A unit member with more teachers have the same length than 10 (ten) years of continuous service, seniority service will be determined by: aexempt from lay-off until all those with less service in the areas in which the unit member is certified and qualified have been terminated. Before an action to terminate personnel through layoff is taken, the Contract Training Manager will send a written notice to the affected unit member(s) The and the AFT no less than fifteen (15) calendar days prior to the effective date of lay- off. Upon notice from the board meeting at which Navy that a program is to be discontinued, reduced in funding, or personnel are going to be laid off, the teacher was hiredDistrict must within three (3) working days of receipt of such notice send a written notice to the AFT communicating the Navy’s decision. 2.8.2 “Within subject area” is defined as the department the unit member has worked in: i.e., AC&R School, Electrical School, JIT School, and then by; b) The date Culinary Specialist School, etc. However, a more senior unit member whose position is affected by the teacher signed his/her initial employment contract in layoff or who is affected by “bumping” due to the districtlayoff, and then by; c) Any remaining ties who is qualified and certified, in accordance with the Statement of Work, to teach in another job assignment in another department, will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect allowed to displace a teacher who holds a lower position more junior unit member in the other job assignment. The District will determine which junior unit member will be displaced under this provision, based on a seniority list for another area the needs of certification, provided he/she is certificated in that second areathe programs and on the qualifications and certification status of the junior employees. 2. The names of teachers whose contracts 2.8.3 No new unit member appointments shall be made while there are suspended in a reduction in force will be placed on a recall list for eighteen unit members who were laid off within the past twenty-four (1824) months from the date of the due to reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list -in- force and who are qualified according to these provisions. It is for the teacher's responsibility to keep position and who are available for reinstatement Reinstatements shall be made in the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance reverse order of the notification to resume active employment statuslayoff (last laid-off, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layofffirst re-hired). 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 3 contracts

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

REDUCTION IN FORCE. If A. Seniority shall be defined as the Board determines it continuous service or employment as a teacher in the District, beginning with the first date the teacher reported for duty as a regular teacher. A regular teacher is necessary to reduce defined as a teacher hired on a limited or continuing contract with appropriate placement on the number adopted salary schedule. Continuous employment for the purpose of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures this section shall apply.include: 1. All Board approved leaves of absence, 2. All time while on disability retirement up to a maximum of five (5) years, and 3. All time during suspension if the teacher is later reinstated. B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies. C. Reductions in teaching staff shall be made by the suspending Board for the following reasons: 1. Decrease in pupil enrollment. 2. Suspension of contracts based upon schools or territorial changes affecting the Superintendent's recommendationschool district. 3. Those contracts Return to be suspended duty of a regular teacher from leave or disability retirement. 4. Elimination or reduction of courses of study provided that notice is given to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the Superintendent shall sign applications for certification/licensure submitted by teachers in those potentially affected areas, when such applications meet the criteria established by the State Department of Education for certification/licensure. The application will be chosen signed on a yearly basis as follows:long as the teacher continues to make satisfactory progress toward permanent certification/licensure. a. All 5. Financial reasons. D. The Superintendent shall meet with representatives of the Association by April 30 to discuss the possible effects, resulting from the issuance of temporary certification/licensure, upon other members of the bargaining unit will with regard to rights or RIF. The intent of this language is to allow members of the bargaining unit, who may be placed on directly or indirectly affected by the elimination or reduction of courses of study, ample time to protect their rights or RIF. E. Having made a determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board. F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers to be reduced, a seniority list for by tenure, including each teaching field for which they are properly certificatedteacher's area(s) of certification/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of senioritylicensure. b. Seniority will G. All suspensions of contracts pursuant to this Article shall be defined made as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined byfollows: a) 1. The date suspension of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken shall occur to non-tenured teachers first by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification/licensure. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, provided he/she when available) and the third decision point is certificated in that second areaseniority. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen In the event two (182) months from or more teachers' continuous service began the same date, the date of the reductionBoard authorized the contract shall take precedence. Teachers on In the recall list will have event, two (2) or more teachers were hired at the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurssame Board meeting, the Board will send certified announcements teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails is certified to respond within ten (10) calendar days, or who declines to accept teach the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance greatest number of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffsubjects. 3. Should it become necessary to suspend the contract of any tenured teacher, such suspension shall be made from tenured teachers first based on teacher evaluation (based on three (3) most recent final evaluations, when available) and second on seniority. 4. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The parties agree that these procedures apply only right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure. 5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the suspension of contract without limitation due to their part-time status. H. Teachers whose contracts under O.R.C. 3319.17 or have been suspended for decrease of funds. This article the reasons set forth in this Article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures have recall rights in the district.following order:

Appears in 3 contracts

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

REDUCTION IN FORCE. A. If the Board determines it is necessary suspends teaching contracts pursuant to reduce the number of bargaining unit positions under O.R.C. §ORC Section 3319.17 or for decrease in fundssubstantiated financial reasons, the following procedures shall apply. 1. Reductions seniority shall be made determined by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved the Cuyahoga Falls City School District. Continuous service shall not be broken by authorized leaves of absence absence, but will not interrupt seniority but time spent on such leave shall not count toward seniority. be broken by a resignation or any other termination (excluding suspensions) of employment. In the event two (2) If two or more teachers employees have the same length of continuous service, seniority preference will be determined bygiven: a) The date 1. To the teacher first hired by official action of the board meeting at which Board. 2. If not resolved under Subsection 1, above, to the teacher was hiredwho first applied for a certificated position in the Cuyahoga Falls City School District, and then by;which is verified by the date stamp on the application. b) The date 3. If not resolved under Subsection 1 or 2, above, to the teacher signed his/her initial employment contract who has the greater service in the districtsystem, and then by;regardless of continuity. c) Any remaining ties will be broken 4. If not resolved under Subsection 1, 2, 3, or 4, above, to the teacher who prevails in a determination by lot. c. Recommended reductions B. In the first week of February, the Administration will make available in each school building a seniority list, a copy to be provided to the CFEA President, of certificated staff members with continuing contracts, limited contracts, continuing ISGI teaching field contracts, and limited ISGI teaching contracts. The seniority list will identify years of service, the date the teacher was hired by official action of the Board, certification(s) currently on file, current assignment, and system-wide seniority. C. Within ten (10) calendar days of the posting date of the seniority list, any corrections to the seniority list by staff members will be given to the Superintendent or designee, and a copy of the same will be provided to the CFEA President. A final corrected seniority list will be made by selecting available during the person lowest on last week of February. Thereafter, teachers shall be eligible for retention in a RIF only in those teaching areas for which the seniority list for that area of certification who is currently assigned to teacher has filed a position in that valid teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areacertificate with the Personnel Office. 2D. Evaluation ratings for the year of reduction in force must be received prior to any reduction. The names At least forty-five (45) days prior to the Board action suspending teaching contracts implementing a RIF, the Board agrees to notify the CFEA President in writing of teachers its intention to implement a RIF. Subsequent to this notification, the Board and the Association shall meet to discuss the anticipated reduction. Subsequent to this initial meeting, and after the employees affected by the reduction have been identified, such employees shall be notified of the anticipated suspension of their teaching contracts. This notification shall occur at least seven (7) days prior to Board action suspending contracts. No contracts shall be suspended under this provision after the last Board meeting in July. E. Teachers whose contracts are suspended in a reduction in force will shall forthwith be placed on a recall list for eighteen (18) months from list, a copy of which shall be given to the date of the reductionCFEA President. Teachers on the recall list will have the following rights: a. Teachers on the recall list will No new teachers shall be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, employed by the Board will send certified announcements to the last known address of all while there are teachers on the recall list who are qualified according to these provisions. It is certificated for the teacher's responsibility to keep particular position the Board informed of his/her current address. All teachers are required intends to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsfill. c. F. A teacher whose name appears on the recall list will, upon acceptance of the notification to resume active employment status, return shall be offered reemployment when a position becomes available for which he/she is certificated. Appropriately certificated teachers shall be returned to active employment status in order of system-wide seniority by rating, except that in all cases, continuing contract teachers, if any, shall have a preference over limited contract teacher. The following procedures shall apply: 1. The Board shall recall the teacher to active employment by giving written notice by registered or certified mail to the teacher. It shall be the responsibility of each teacher to notify the Board of any change in address. The teacher’s address, as it appears on the Board’s records, shall be conclusive when used in connection with the same seniority, accumulation an offer of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffreemployment. 32. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall If a teacher does not require the Board to fill any vacancyaccept reemployment in writing, nor shall it interfere with any other lawful personnel procedures in the district.postmarked within fifteen

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce A. Reduction in Force 1. Where known and where possible, the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made persons affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed kept to a minimum by not employing replacements insofar as practicable for certificated/licensed staff members who retire or resign or whose limited agreements are not renewed. 2. The Association shall be notified of the reason(s) for RIF and the extent of staff reduction at such time a decision is made by the Board and shall be further notified as to which teacher(s) shall be suspended. 3. The teacher to be suspended will be notified of the RIF thirty (30) days prior to the effective date. 4. Reductions shall be accomplished by 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 conditions of HB 153. a. Licensure/Certification within the affected teaching field. b. Comparable Evaluation (based on three (3) consistent years of evaluation instruments for the 2012-2013 school year only. Subsequent years follow the Ohio Revised Code and subject to renegotiation. 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 up-dated 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 LEA President by November 1 of each school year. Seniority shall be lost when a teacher resigns, retires, is non-renewed, terminated, or after January 1, 1998, is promoted out of the bargaining unit. 7. A teacher on a recall list for eighteen (18) months from continuing contract who has their position reduced in force may displace the date of least senior teacher in the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in area or areas for which they are certificatedcertified/licensed, but only if permitted based on their evaluation(s) as determined by the Superintendent. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers 8. Teachers on the recall RIF list who shall be returned to active employment to fill vacancies in reverse order of reduction for any position that becomes available for which they are qualified according to these provisions. It or have become certificated/licensed before any permanent teacher or substitute is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar dayshired. The most senior of those responding will be given Board shall recall the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only by giving written notice to the suspension teacher, said written notice being sent to the teacher by registered or certified letter addressed to the teacher’s last known address. It shall be the responsibility of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require each teacher to notify the Board to fill of any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.change of address

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit teaching positions under O.R.C. §ORC Section 3319.17 or for decrease in fundsfinancial reasons, the following procedures shall apply.: 1. A. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation’s recommendation who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Those contracts to be suspended will be chosen as follows: a. 1. All unit members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers Unit members serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers Unit members serving under limited contracts will be placed on the list under continuing contract teachersunit members, also in descending order of seniority. Unit members will be deemed to have comparable evaluations for the purpose of RIF with those unit members who have the same rating on the performance portion of the evaluation. In the event of a reduction, a unit member who has received a performance rating of Skilled and wishes to appeal the rating may do so by requesting an appeal in writing to the Superintendent. Such appeal shall be heard by the Superintendent/designee within three (3) calendar days. The Superintendent/designee shall review all evidence presented and consider it with the rubric. Within one (1) school day, the Superintendent/designee will announce that he/she has either upheld the performance rating of Skilled or has deemed the rating Accomplished. The decision of the Superintendent/designee shall be final and binding. The rating shall remain in place for the unit member until such time as the next full-cycle summative evaluation rating has been recorded. b. 2. Seniority will be defined as the length of continuous service as a certified certificated employee under regular contract in this districtDistrict. (1) a. Board approved leaves leave of absence will not interrupt seniority seniority, but time spent on such leave shall not count toward seniority. (2) b. If two or more teachers unit members have the same length of continuous service, seniority will be determined by: a) The : • the date of the board Board meeting at which the teacher unit member was hired, and then by; b) The ; • the date the teacher unit member signed his/her initial employment contract in the districtDistrict, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting ; • the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the initial date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffpersonal interview. 3. The parties agree that these procedures apply only to the suspension order of contracts under O.R.C. 3319.17 or for decrease of funds. This article reduction in each certification/licensure area shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.be as follows:

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If To the extent possible, the number of staff affected by a reduction in force will be minimized by the impact of attrition. However, if the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 for reasons of decreasing student enrollment, return to duty or regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, or for decrease financial reasons, further reductions will be made in fundsaccordance with the following procedures: A. When the Board determines in any school year that there is a need to suspend employees' contract(s), the following procedures shall applyGHESSA will be given written notice of such possibility ninety (90) days before the effective date of any reduction. Upon written request, the Board will provide the GHESSA president with written data concerning student enrollment, bargaining unit members' seniority, names of employees on leaves of absence, and financial information. 1. Reductions shall B. The GHESSA will make every effort to encourage staff who will be on leave, returning from leave, resigning or retiring, to notify the Superintendent in writing on or before the date of intended reduction in force. C. The GHESSA President will be given the opportunity to make suggestions to the Superintendent before the recommendation for suspensions of contracts is made to the Board. D. The GHESSA President and those staff who (prior to the exercise of any bumping rights) are being recommended for suspension by the suspending Superintendent shall receive notice in writing on or before forty-five (45) days before the effective date of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows:any reduction in force. a. E. All members of the bargaining unit will shall be placed on a seniority list for each teaching field for which they are properly certificated/licensedby classification. Teachers Staff serving under continuing contracts will be placed at the top of the list, list in descending order of seniority. Teachers Staff serving under limited contracts will be placed on the list under continuing contract teachersstaff, also in descending order of seniority. Staff will be arranged in the following classifications: secretary, custodian, maintenance, paraprofessional, health services paraprofessional, food service, clerical, child care attendant, groundskeepers, accounting clerks, occupational therapy assistants, and educational technology specialist and service desk technician. b. F. Seniority will be defined as the length of uninterrupted continuous service as a certified an employee under regular contract in this districtthe Grandview Heights Schools. (1) Board . Board-approved leaves of absence and time on RIF will not interrupt seniority but time spent on such leave shall not count toward seniority. 2. Resignation, termination, non-renewal, and other leave not approved by the Board will interrupt seniority for purposes of reduction in force and recall. 3. If two (2) If two or more teachers have staff has the same length of uninterrupted continuous service, seniority will be determined by: a) The date of the board Board meeting at which the teacher employed was hired, ; and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by casting of a lot. c. 4. Recommended reductions in a teaching field classification will be made by selecting the lowest person lowest on the seniority list for in that area of certification who is currently assigned to classification being laid off first. An employee affected by a position RIF in that teaching field. A teacher so affected his/her classification may elect to displace a teacher bargaining unit member who holds has less seniority in a different classification with a lower position on a seniority list for another area of certificationpay scale, provided the employee who decides to bump into a classification other than his/her current one: a) Has the requisite qualifications for the other classification, as determined by the Superintendent. The Superintendent's determination, as to the qualifications necessary to bump, is not grievable. Any required certification/licensing for the position must be possessed at the time of the RIF for a qualified individual to bump into one of those classifications. b) A decision to bump into another classification or not to bump must be made at the time the employee is notified that he/she will be RIF'ed. A bargaining unit member who is certificated laid off from one classification and elects to bump into another classification is to be paid at the beginning step of the new classification, and advance thereafter according to the experience in that second areaclassification, and forfeits recall rights as delineated below. 2. G. The names of teachers whose contracts bargaining unit members who are suspended in a affected by the reduction in force will shall be placed on a recall list for eighteen up to thirty-six (1836) months from the date of the reduction. Teachers Those on the recall list will shall have the following rights: a. Teachers 1. Staff on the recall list will be recalled in reverse order of seniority for the layoff or vacancies in areas for which they are certificatedtheir classification. b. 2. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, an attempt will first be made to consider the filling of such position from employees on the recall list. Employees on the recall list must be qualified for the position and shall fill the position as described in Section 4(a) above. 3. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, the Board will send certified announcements an announcement by first class mail to the last known address of all teachers each employee on the recall list who are is qualified according to these provisionstheir prior classification. 4. It is the teacheremployee's responsibility to keep the Board informed of his/her current address, qualification, and experience. All teachers are The Board shall not be held responsible for the employee's failure to comply with the provisions of this Section. Each employee is required to respond in writing by certified mail or by hand delivery to the district office as to whether or not the position will be accepted. The most senior qualified bargaining unit member who accepts the position in his/her old classification, or any new classification, and who responds in writing within ten (10) calendar days. The most senior days of those responding will be given mailing of any notification, shall receive the vacant position. Any teacher bargaining unit member who fails to respond by certified mail or personal delivery within ten (10) calendar days, or who accepts comparable employment elsewhere; or who declines to accept an offered position within the positionschool district, will shall forfeit all recall rights. c. A teacher 5. An employee on the recall list willlist, upon the acceptance of the notification to resume active employment statusa position, shall return to active employment status with the same seniority, accumulation of sick leave, vacation time, and salary schedule placement as he/she enjoyed at the time of layofflay off if employed in the same classification. If employed in a different classification, the employee must accept placement on the salary schedule as identified previously in Section 4(b). 36. The parties agree Where group insurance policies permit, an employee whose contract has been suspended may continue to participate in those benefits which are provided to those employees in active employment, provided that these the employee pays the total premium to the Board's Treasurer one (1) week prior to the date the Board normally pays the premiums to the company. 7. These procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease reasons as set forth in the first paragraph of fundsthis Article. This article Article shall not require the Board to fill any vacancy, vacancy nor shall it interfere with any other lawful personnel procedures practice in the district. H. Any employee who has been notified that his/her contract has been suspended shall have the right to: 1. Be informed of his/her position on the seniority list, if requested. 2. Be placed at the top of the substitute list according to seniority for first call, if requested. The GHESSA President will be sent a list of the names of employees who have been sent recall notices at the time of such recall meetings.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

REDUCTION IN FORCE. If 11.01 When the Board determines believes it is necessary to necessary, it may reduce the number of bargaining unit member positions under O.R.C. §3319.17 because of a decline in student enrollment, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the district, financial reasons and because of changes in the curriculum and course offerings. 11.02 If staff reduction is deemed necessary for decrease in fundsany of the above reasons, the following procedures shall apply. 1. Reductions reduction shall be made by in accordance with the suspending recommendation of contracts based upon the Superintendent's recommendation. Those contracts Seniority shall not be the basis of a reduction except between teachers with comparable evaluations. Preference shall be given to those teachers on continuing contract: Displacement rights shall be suspended will exercised by all members within their respective contract status (continuing contract - tenured or limited contract) with no non-tenured member exercising displacement over tenured teachers. Displacement shall be chosen as follows: a. All members limited to areas of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of senioritymember's certification. b. 11.03 Seniority will shall be defined as continuous employment of a member beginning with the length date of continuous service as a certified employee under regular contract in this district. (1) hire by the Board. Continuous employment shall include all time on sick leave, all time on Board approved leaves leave of absence will not interrupt seniority but absence, all time spent on such leave disability retirement to a maximum of five (5) years, and all time during suspension if the member is reinstated. Seniority shall not count toward seniority. (2) be lost when a member resigns or retires If two or more teachers employees have the same length of continuous serviceseniority date, seniority will then the tie shall be determined by: a) The resolved by date of hire (Board approved date), with the board meeting employee having the earliest date being deemed the more senior. If the employees have the same date of hire, then the employee with the highest last four (4) digits of their social security number shall be deemed the more senior employee. 11.04 Members whose contracts have been suspended shall have rights to recall. Seniority shall not be the basis of recall except between teachers with comparable evaluations. 11.05 When staff reduction is necessary, the Superintendent shall give notice of the intent to recommend the suspension of contracts to the Association and the members affected by the reduction at which least forty-five (45) days prior to Board action to reduce staff. A. The Association and the teacher was hiredSuperintendent shall confer on the reasons for such reduction within fifteen (15) days of receipt of notice of the Superintendent's intent to recommend such reduction to the Board. B. A list shall be prepared and kept updated ranking all tenured members in the district by seniority, giving areas of certification and present teaching and building assignment; then all non-tenured members in the district by seniority, giving areas of certification, and then by;present teaching and building assignment. Each teacher whose contract is to be suspended and the Association shall receive copies of this list. bC. The recall list shall be maintained for a period of two (2) The date the teacher signed years. Thereafter no member on layoff shall retain his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotright to recall. c. Recommended reductions in a teaching field will be made 11.06 The employment of bargaining unit members specifically assigned to parochial/private schools which are paid from “pass through” funds received by selecting the person lowest on the seniority list Board for that area purpose from the State Department of certification who Education shall be subject to the needs and preferences of the administration of the parochial/private school to which they are assigned. In the event the Board is currently advised in writing by the administration of the parochial/private school that the services of the member assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area parochial/private school are no longer needed the contract of certification, provided such member shall be suspended and he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will shall be placed on a recall list for eighteen (18) months from list. Members whose contracts are suspended under the date provisions of the reductionthis Section shall have all rights under this Article. Teachers If a bargaining unit member employed in an auxiliary position has his/her position completely eliminated due to financial reasons, he/she shall be placed on the recall list will have the following rights: a. Teachers on the recall list will and shall be recalled in order of seniority for vacancies in areas for which they are certificatedaccordance with those provisions. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Contract, Master Contract

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §Ohio Revised Code 3319.17 or for decrease in fundsfinancial problems, the following procedures shall apply.: 1. A. Reductions shall be made by the suspending of contracts based upon the Superintendent's ’s recommendation. Those contracts These contract to be suspended will shall be chosen as follows: a. 1. All members of the bargaining unit will shall be placed on a seniority list for by each teaching field job classification for which they are properly certificated/licensedcurrently employed. Teachers Members serving under continuing contracts will shall be placed at the top of the list, list in descending order of seniority. Teachers Members serving under limited contracts will shall be placed on the list under continuing contract teachersmembers, also in descending order of seniority. b. Seniority 2. System seniority will be apply and is defined as the length total number of years of continuous service in the District. A year is defined as a certified employee under regular contract one hundred twenty (120) days of work and/or paid leave in this district. any one (1) school year. a. Board approved unpaid leaves of absence will shall not interrupt seniority seniority, but time spent on such leave shall not count toward seniority. Employees shall accrue seniority while on paid leave. For the purpose of a RIF, a unit member who becomes an administrator and is no longer in the bargaining unit shall retain his/her seniority as a unit member but shall not accrue seniority while an administrator. b. If two (2) If two or more teachers members have the same length of continuous service, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher member was hired, and then by; b(2) The the date the teacher member signed his/her initial employment contract in the districtDistrict, and then by;then c(3) Any any remaining ties will be broken by lotthe Superintendent’s review of recent evaluations and judgment regarding the best interest of the District. c. 3. Recommended reductions in a teaching field job classification will be made by selecting the lowest person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching fieldreduction. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided member being displaced will be notified that he/she is certificated in that second areabeing displaced within seven (7) days of the time displacement is known. Such displaced employees shall be placed on the recall list. 2. B. The names of teachers members whose limited contracts are suspended in a reduction in force will be placed on a the recall list for eighteen up to twenty-four (1824) months from the date of the reduction. Teachers Members on continuing contracts shall remain on the recall list will indefinitely. Employees on the recall list shall have the following rights: a. Teachers 1. No new non-teaching staff will be employed by the Board while there is a member on the recall list who held the same position classification at the time of the layoff. 2. Members on the recall list will be recalled in reverse order of seniority suspension for vacancies or new positions in areas for the same classification from which they are certificatedhe/she was laid off. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions3. It is the teacher's responsibility of the involved member to keep advise the Board informed of hisan address where he/her current addressshe can be reached. All teachers are required If the employee fails to respond in writing to the district office within ten (10) calendar days. The most senior of those responding affirmative during the specified time period, he/she will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on removed from the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board shall have no further obligation to fill any vacancyhim/her. If the position which becomes available varies in length of service per day and/or year from the position from which the employees was suspended, nor shall it interfere with any other lawful personnel procedures in the districtemployees may decline the position without being removed from the recall list.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. The Superintendent will have the responsibility for determining the number of Safety Services positions employed by the District. If the Board Superintendent determines it is necessary the need to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease Safety Services positions, the Superintendent may, at his/her discretion, declare the existence of a reduction in fundsforce. In such event, the following administrative implemental procedures shall applytake full force and effect. A. The greatest possible reduction will be accomplished through attrition. B. The remaining reduction in the number of positions will be accomplished by layoff. 1. Reductions The reduction shall be made by applied to the suspending largest group of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit Bargaining Unit positions which may be reasonably considered. The Superintendent or designee will consult with Union representatives prior to determining the group or groups of members of the Bargaining Unit positions from which the reduction will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areamade. 2. The names of teachers whose contracts are suspended Within each specified group, Employees will be selected by the respective administrator for layoff in the following order: a. Probationary Employees within their 90 day probationary period. b. Employees on disciplinary probation when a reduction in force is declared. c. Employees who are on a plan of Assistance when a reduction in force is declared. d. Within each of the above sub-paragraphs, if two or more Employees are otherwise equally eligible for selection, Employees with shorter lengths of total seniority within the District will be placed selected before those with longer lengths of total District seniority. e. Following the above procedures, if two or more Employees are equally eligible based on a recall list for eighteen (18) months from total seniority in the date District, the Employee with the shorter length of current employment within the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list position will be recalled in order selected before the Employee of seniority for vacancies in areas for which they are certificatedlonger length of current employment. b. If C. After implementing such a vacancy occursreduction procedure, the list of names of laid off Employees shall be maintained by the Human Resources Division for two (2) years. D. Any Employee who has been so laid off will no longer be considered an Employee and shall have no Employee rights or benefits other than those required by law or by this policy. E. Any Employee who has been so laid off may retain membership in the Board-provided Health Plan for a period of up to 18 months. However, the Board will send certified announcements to make no contribution and the last known address Employee must make advance arrangements for payment of all teachers on premiums with the recall list who are qualified according to these provisions. Employee Benefits and Insurance Management office. F. It is the teacher's responsibility of the listed laid off Employee to keep the Board Human Resources Division informed of his/her their current contact information, i.e., e-mail address, current address, and phone number. All teachers are required Additionally, the laid off Employee will maintain a current electronic employment application with Human Resources. G. The named Employee on the list will be considered an internal applicant. If a vacancy occurs within two (2) years for which the named Employee on the list is qualified, the Employee will be contacted to respond in writing to interview for the district office within ten (10) calendar daysopen position. The most senior of those responding usual employment procedures will be given followed in determining the vacant position. Any teacher who fitness for employment. H. If any Employee on the list waives recall rights in writing, fails to accept recall to a position for which the Employee is qualified, fails to respond within ten (10) calendar days10 days to a recall notice sent to the latest address furnished to Human Resources Division, or who declines fails to accept report for duty in the accepted position, will forfeit all the name of such shall be removed from the list and such Employee shall have no further recall rights. c. A teacher on the recall list will, upon acceptance of the notification I. Any Employee who is recalled shall regain all employment benefits to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as which he/she enjoyed was entitled at the time of layoff. 3. The parties agree that these procedures apply only However, no benefits may be accrued during the period of unemployment and the Employee shall be subject to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures all changes in employment conditions which have been made in the districtinterim.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. Reduction in Force shall be defined as decreased enrollment of students, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affected the District, or financial reasons. When and if the Board determines it is will be necessary to reduce the number of bargaining unit positions under O.R.C. §members, it will make a reasonable reduction in keeping with provisions of this Section. A reduction in force will not be made except for reasons set forth in Section 3319.17 or of the Ohio Revised Code. No bargaining unit member's contract will be non-renewed for decrease in funds, the following procedures shall applyany of such reasons. 1. B. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen recommendation as follows: 1. The Board shall handle all staff reductions first through normal attrition; 2. Limited contract teachers shall be reduced by using the following order: a. All members Area of Licensure/Certification b. Competency as determined by formal evaluation c. When evaluations are comparable, by lowest seniority in the School District. 3. Continuing contract teachers shall be suspended only after all limited contract teachers in the teaching field of assignment by using the following order: a. Area of Licensure/Certification b. Competency as determined by formal evaluation c. When evaluations are comparable, by lowest seniority in the School District. C. Seniority 1. Each member of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificatedhe/she is certified/licensed. Teachers serving Unit members employed under continuing contracts will be placed at the top of the list, each list in descending order of seniority. Teachers serving Unit members employed under limited contracts will be placed on the each list under those on continuing contract teachers, also contracts in descending order of seniority. The Human Resources Department will post and electronically notify members on or before November 10th the availability of the seniority list. Bargaining unit members will inform the Association and the District of any inaccuracies in the seniority list on or before December 15th. Inaccuracies shall be remedied not later than January 30th. b. 2. Seniority will be defined as the length of continuous service employment as a certified employee under regular contract member of the bargaining unit in this districtDistrict. (1) a. Time spent while on a Board approved leaves of absence leave or while on a RIF status will not interrupt seniority but time spent on such leave shall not and will count toward seniority, but not for the purpose of salary schedule placement except if on an approved paid leave or if the unit member has worked one- hundred twenty (120) days prior to the effective date of the suspension. (2) b. If two or more teachers unit members have the same length of continuous serviceemployment, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher unit member was hiredemployed, and then by; b(2) The the date the teacher unit member signed his/her initial employment contract in the this district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions In the event of a tie in seniority among staff members each of whom holds a teaching field will limited contract or each of whom holds a continuing contract, such tie shall be made broken (i) first by selecting suspending the person lowest on the seniority list for that area contract of certification a staff member who is currently assigned to on a position part-time contract that has fewer tenths before suspending the contract of a staff member that either is part-time with greater tenths or is full-time and (ii) then by utilizing a computer-generated number randomizer with the member generating the higher(est) number gaining seniority. For this and other purposes of this Section, “part-time” shall mean any amount less than a full (i.e., 100%) contract status and shall be in that teaching fielddescending tenths of a full-time contract (i.e., .9, .8, .7, etc.). 3. A teacher unit member so affected may elect to displace another unit member if: a. He/she possesses a teacher who holds a lower position on a seniority list for valid license/certificate in another area of certificationlicensure/certification other than the assigned area, provided and b. He/she has earned a comparable or higher evaluation rating, and c. He/she has higher seniority than the unit member he/she is certificated in that second areaseeks to displace. 4. Unit members must be notified by the administration in writing on or before May 30 of the calendar year during which the suspension is to take place if the reason(s) for RIF are known on or prior to May 30. If the reason(s) for RIF are not known until after May 30, the notification will be sent as soon as possible in keeping with the provisions of this Section. 5. Any such election must be made within two (2) work days of the time the unit member is notified in writing that he/she will be affected. D. The effective date of a suspension (RIF) will not take place during any contractual year after the one-hundred twentieth (120th) day of that contractual year. In such instances, the effective date of the suspension will be the first contractual day of the next contractual year. In all other instances, the effective date will be determined by the Board. An employee may not exercise the option of Sabbatical Leave in order to circumvent a reduction in force action affecting said employee. E. The names of teachers those bargaining unit members whose contracts are going to be suspended in a reduction in force will be placed on a recall list, provided that placement of limited contract members on such list shall last for eighteen no more than twenty-four (1824) months from starting with the effective date of the reductionsuspension. 1. Teachers No new certificated employee will be employed by the Board while there are unit members on the recall list will have who are certificated/licensed for the following rights:vacant position and hold a contract for the same or greater tenths of service. a. Teachers 2. Unit members on the recall list will be recalled in reverse order of seniority layoff for vacancies in areas for which they are certificated/licensed, provided that (a) no limited contract employee may be recalled to a vacancy that is for a greater tenths of service than his/her suspended contract, (b) no employee shall be required to accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract, and (c) an employee on limited or continuing contract who does accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract shall remain eligible, during the twenty-four (24) month recall period applicable to limited contract teachers, to be recalled to a vacancy that is for a greater tenths of service (but no greater than the tenths of service of his/her suspended contract). b. If 3. When, and if, a vacancy occursoccurs outside of the contract year and after the date a unit member is notified that his/her contract is to be suspended, the Board will send an announcement by certified announcements mail to the last known address of all teachers unit members on the recall list who are qualified according to these provisionscertificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. It is the teacherunit member's responsibility to keep the Board Board's Treasurer informed of his/her current address. If a vacancy occurs during the contract year but after the date a unit member is notified that his/her contract is to be suspended, a Board designee will hand-deliver a vacancy announcement to all unit members on the recall list who are certificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. The member shall sign indicating he/she has received the vacancy notice. All teachers affected unit members interested in the vacancy are required to respond in writing or in person to the district district's administration/Board office within ten (10) calendar daysdays of receipt of the Board’s announcement. The most senior of those affected unit member responding who has the highest placement on the seniority list for the certificate/license required for the vacancy will be given assigned the vacant position. Any teacher who fails position effective immediately and will be removed from the recall list, subject to respond within ten (10item 2(c) calendar days, or who declines to accept the position, will forfeit all recall rightsimmediately above. c. A teacher 4. If a vacancy is not filled from the recall list by a unit member having at least the same tenths of service and to whom a notice is sent under item 3 immediately above, the Board will send an announcement by certified mail to the last known address of all unit members on the recall list will, upon acceptance who are certificated/licensed for the vacant position and who do not hold a suspended contract for at least the same percentage of service. The latter unit members may then apply for the position and shall be deemed to be covered by the provisions of Section 7.01 above in doing so. 5. Any unit member receiving a recall notice who does not accept the recall for that vacancy shall be removed from the recall list. This section shall not apply if the recall notice is received after July 10th and the unit member is under contract with another school district. F. Unit members already on a recall list under provisions of the notification previous Master Contract will automatically be provided all rights of recall under provisions of this Section. G. No later than fifteen (15) days prior to resume active employment statusthe Board taking action on a reduction in force, return the Association President shall be given the District's seniority lists for each area of certification/license and a list of those unit members whose contracts are going to active employment status with be recommended for suspension. H. The administration will hand-deliver letters to unit members affected by a reduction in force explaining the same senioritycircumstances of such reduction if notice is provided during the contract year. If notice is provided outside of the contract year, accumulation the administration will provide letters via certified mail for unit members affected by a reduction in force explaining the circumstances of sick leave, and salary schedule placement as he/she enjoyed such reduction. I. The unit member on suspended limited or continuing contract will have the right to remain a member of any or all employee group insurance policies at the individual's expense from the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or his/her contract takes effect to the end of the twenty-four (24) month recall period applicable to limited contract teachers, provided the full cost of the monthly premium(s) for decrease such coverage(s) is remitted to the Board's Treasurer fifteen (15) days before the due date of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtpremium.

Appears in 2 contracts

Samples: Master Contract, Master Contract

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit teaching positions under O.R.C. §ORC Section 3319.17 or for decrease in fundsfinancial reasons, the following procedures shall apply.: 1. A. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation’s recommendation who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Those contracts to be suspended will be chosen as follows: a. 1. All unit members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers Unit members serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers Unit members serving under limited contracts will be placed on the list under continuing contract teachersunit members, also in descending order of seniority. Unit members will be deemed to have comparable evaluations for the purpose of RIF with those unit members who have the same rating on the evaluation. In the event of a reduction, a unit member who has received an evaluation rating of Skilled and wishes to appeal the rating may do so by requesting an appeal in writing to the Superintendent. Such appeal shall be heard by the Superintendent/designee within three (3) calendar days. The Superintendent/ designee shall review all evidence presented and consider it with the rubric. Within one (1) school day, the Superintendent/designee will announce that he/she has either upheld the evaluation rating of Skilled or has deemed the rating Accomplished. The decision of the Superintendent/designee shall be final and binding. The rating shall remain in place for the unit member until such time as the next full-cycle holistic evaluation rating has been recorded. b. 2. Seniority will be defined as the length of continuous service as a certified certificated employee under regular contract in this districtDistrict. (1) a. Board approved leaves leave of absence will not interrupt seniority seniority, but time spent on such leave shall not count toward seniority. (2) b. If two or more teachers unit members have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. System seniority shall begin with the employee’s first day of regular assignment. If the Board determines it seniority date of two or more employees is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsequal, the earliest date of Board appointment shall determine seniority. If seniority is still equal, the name that appears first alphabetically in the Board Minutes shall be senior. Substitute employees do not accumulate seniority. Seniority shall end upon the termination date as accepted by the Board. B. Should reductions in regular positions be required, they will be accomplished using system seniority. C. When reduction in force of support employees takes place in a job classification, lay-off of employees will be made in inverse order of seniority using the following procedures shall apply.rules: 1. Reductions Within a classification, the employee with the lowest system seniority in the classification affected shall be made by the suspending of contracts based upon the Superintendent's recommendationfirst laid off. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they If further layoffs are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the listrequired, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will procedure shall be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaused. 2. The names An employee identified for lay-off shall have the right to bump the employee with the least system seniority in another related job classification on the basis of teachers whose contracts the individual’s system seniority. Groups outlined in Article VIII are suspended defined as related job classifications. An employee holding positions in more than one group, who has hours reduced in a position in one group, cannot exercise bumping rights in another group to restore the hours reduced. 3. The Board will not hire anyone into a job classification within a group until all reduced or laid off employees have been offered reinstatement to a job classification they previously held. Once an employee rejects an offer of reinstatement, that employee loses all recall rights. 4. Recall of former employees will be made in reverse order of lay-off, with the most recent employee laid off returning first. Former employees shall maintain recall rights for a period of two years. 5. Auxiliary Services Personnel shall be considered a separate and distinct group. D. Employees identified for separation due to reduction in force will be placed on notified in writing a minimum of 14 calendar days prior to the proposed separation date. The notice will contain a statement that the employee is being released due to reduction in force and not because of job performance. This provision in no way infringes upon the Board’s authority to dismiss employees under the provision Article IV of this contract. E. Former employees who desire recall list for eighteen (18) months from during the two-year period following the effective date of the reduction. Teachers on the recall list will separation, have the following obligation to provide their address and telephone number in writing to the Director of Human Resources, and for providing any changes thereto in writing. An offer of re-employment or recall shall be considered made if written notice is provided to the latest known address by certified mail. Only one offer of recall is required to be made. If the offer is refused, not answered within 5 calendar days of receipt or is undeliverable due to a lack of a current address, the former employee loses remaining recall rights:. a. Teachers F. Copies of all lay-off and recall notices shall be provided to the local Union president for information purposes. G. Any employee recalled to an assignment shall be paid at the appropriate pay level based on years of service at the time of lay-off. H. Employees on the recall list will be recalled in order offered summer work by system seniority, with first preference to maintenance/custodial, at Step 1 of seniority the custodian 3.0 pay rate. Insurance benefits for vacancies in areas for which they are certificated. b. If a vacancy occurs, summer work employee under this section shall be the Board will send certified announcements to same as the last known address employee had as of all teachers the date of lay-off. Employees on the recall list who are qualified according to these provisionsaccept or refuse summer work will not forfeit recall rights. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding Remaining work, if any, will be given the vacant position. Any teacher who fails offered pursuant to respond within ten (10) calendar daysArticle VIII, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.Section E.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If In the Board event that the School Committee determines it is necessary to reduce the number of Paraprofessional(s) in the bargaining unit positions under O.R.C. §3319.17 or unit, it shall notify the Federation at least thirty (30) days in advance of the need for decrease reductions. The parties shall then meet to determine ways to avoid any reductions in fundsforce. When reductions remain necessary, voluntary reductions, subject to the superintendent’s approval, shall occur prior to forced reductions. If the need to reduce the workforce still remains, the following procedures shall apply: A. In determining which Paraprofessional(s) shall be laid off, the following criteria shall be considered: seniority in the Fall River Public Schools, relevant demonstrated need of the Fall River Public Schools, and quality of performance. 1. Reductions B. Quality of performance shall be made determined by the suspending evaluations of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityobserved performance. b. C. Seniority will shall be defined as the length of continuous service as a certified employee under regular contract in this districtthe Fall River Public Schools. (1) Board D. Leaves of Absence approved by the School Committee shall not be deemed to interrupt continuous service. Such leaves of absence will not interrupt seniority but time spent on such leave shall not count be counted toward seniority. (2E. Whenever possible, notification to Paraprofessional(s) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract affected by a reduction in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field force will be made by selecting prior to the person lowest on close of the seniority list for that area school year. In the event of certification who is currently assigned a decision to reduce force during the school year, those Paraprofessional(s) being dismissed will be given a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area minimum of certification, provided he/she is certificated in that second areathirty (30) days' written notice. 2. The names of teachers whose contracts are suspended in a X. Xxxxxxxxxxxxxxxx(s) dismissed due to reduction in force will be placed on a recall list for eighteen the balance of the school year in which the layoff occurs, plus one complete school year. Paraprofessional(s) on a recall list will be re-employed as vacancies occur. The test for re-employment will be seniority in the Fall River Public Schools, relevant demonstrated need of the Fall River Public Schools, and quality of performance. Paraprofessional(s) on recall lists shall have priority in filling vacancies. No new personnel shall be hired until all appropriate Paraprofessional(s) on the recall list have been offered the vacancy. G. Upon return to employment from the recall list, all benefits to which the Paraprofessional(s) was entitled at the time of dismissal, including unused accumulated sick leave, shall be restored. X. Xxxxxx said recall period, employees laid off under this paragraph shall be given priority on the substitute list. I. In the event that the Committee determines to re-establish the eliminated positions, the employees who have been placed on layoff status and who are in recall status shall be notified by certified mail that such a position is available; the employees so notified shall, within thirty (1830) months days from the date of the reduction. Teachers on receipt of the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursletter, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing by certified mail of their intention to return or not to return to the district office within ten (10) calendar days. school system. J. The Superintendent shall assign the most senior of employee among those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only notified in paragraph "I." to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtavailable position.

Appears in 2 contracts

Samples: Labor/Management Agreement, Labor/Management Agreement

REDUCTION IN FORCE. A. The language in this Article is intended to supersede Ohio Revised Code Section 3319.172, to the extent permitted by law. B. If the Board determines decides it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease members in fundsa job position category, the following procedures shall apply.procedure will govern such layoff and reinstatement: 1. Reductions The number of people affected by Reduction In Force shall be made kept to a minimum, as much as possible, by attrition. 2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the suspending job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of contracts based upon continuous service with the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit will during any period of such service, seniority shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at computed from the top first date of uninterrupted service with the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but District by accumulating only time spent on such leave shall not count toward seniority. (2) in the bargaining unit. If two or more teachers bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by:; a) a. The date of the board Board meeting at which the teacher bargaining unit member was hired, ; and then by; b) b. Selecting a number from a container with each number representing a different employee. The date first number selected will be the teacher signed his/her initial employment contract in most senior and the districtnext number selected will be the next most senior, and then by; c) Any remaining so forth, until all ties will be broken by lot. c. Recommended reductions in a teaching field seniority are broken. The selection will be made by selecting the person lowest administration with a representative of the Association present. Authorized leaves of absences do not constitute an interruption in continuous service. 3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list is provided, any objection to the list must be presented. All part-time employees will be placed on the seniority list for that area based on their original date of certification who hire into a Bargaining Unit position. If no objection is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a made during the thirty (30) day period, no grievances can be filed over individual seniority list for another area of certificationdates, provided he/she is certificated in that second areaas published. 24. The names Board shall determine in which job position category the layoff should occur and the number of teachers whose contracts are suspended in bargaining unit members to be laid off. Except for a reduction in force will be placed on RIF involving a recall list for eighteen (18) months return from the date a leave of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursabsence, the Board will send certified announcements give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, after Board action, each member to be laid off shall be given thirty (30) calendar days advance written notice stating the effective date of the intended layoff. The Board may pay an employee in lieu of notice. 5. Bargaining unit members who are subject to lay-off, may displace the least senior member in another job position category, providing the following conditions are met: a. The job position category must be a lower paying job position category in the job family (i.e., a maintenance employee could bump a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is displacing that employee; or b. The job position category must be a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee. c. The bargaining unit member must be willing to accept the pay scale of the job position category. 6. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff. If the employee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the last known address level of all teachers time the employee was working before the layoff. 7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the affected job position category. 8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the recall layoff list who are qualified according to these provisionsbefore the next person on the list may be considered. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within Members shall have ten (10) calendar daysdays from the date of mailing to respond. The most senior Notification of those responding will acceptance or refusal should be given presented to the vacant Superintendent, in writing; however, failure to respond at all shall be considered refusal of the position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept It is the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance responsibility of the notification involved member to resume active employment status, return to active employment status with advise the same seniority, accumulation Board of sick leave, and salary schedule placement as an address where he/she enjoyed at can be reached. Any member who declines reinstatement shall be removed from the reinstatement list, and the Board shall have no further obligation to the member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in removal from the reinstatement list. Notice of the vacancy or reinstatement shall be by certified mail. 9. The bargaining unit member's name shall remain on the appropriate reinstatement list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to salary and fringe benefits. Time spent on layoff shall not count as experience for seniority or salary purposes. 3. The parties agree that these procedures apply only C. All Bargaining unit members laid off shall be subject to the suspension provisions of contracts under O.R.C. 3319.17 or for decrease the Consolidated Omnibus Budget Reconciliation Act of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district1986.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If Section 1. The Association recognizes the Board determines it is necessary Board's right to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsAdministrative personnel. Section 2. For the purpose of this Article, the following procedures term "reduced" shall applymean the termination of an Administrator from a position within the bargaining unit. 1Section 3. Reductions Employment shall be made by written contract which is renewed for an additional one year period unless written notice of non-renewal of the suspending contract is given at least sixty (60) days before the termination date of contracts based upon the Superintendent's recommendationcontract. Section 4. Those contracts to Every year the Assistant Superintendent or designee will review the Administrative requirements for certification. Administrators must maintain current certification. The individual without administrative certification and/or administrative requirements may be suspended will released. Section 5. An Administrator shall retain their tenure status as defined in the Michigan Tenure Act. Section 6. The sequence of Administrative personnel layoffs shall be chosen as follows: a. All members A. Any Administrator with an expired certification and/or who has not met administrative requirements. B. Has not met certification requirements. C. If a further reduction in Administrative staff becomes necessary, said reduction shall be accomplished by the Board's consideration of the following factors. Such consideration shall include, but not be limited to: - Annual administrative evaluations - Professional training and experience. - Other provisions as established by law. The Board decision and rationale shall be shared with all Administrators affected and the President of AOPSA. D. Release the Administrator. If an Administrator is released from their Administrative responsibilities and he/she has the highly qualified certification, he/she will be able to bump into the teacher's bargaining unit. Section 7. Administrators who have been reduced shall retain all accumulated sick leave. Section 8. The Board shall rescind letters sent to Administrators under Act No. 451 of the Public Acts of 1976, as amended (MCLA 380.247) as soon as sufficient information is available to warrant such action. Section 9. In the event that a member of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the listunit, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachersafter being reduced, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently subsequently re- assigned to a position in that teaching field. A teacher so affected may elect covered by this bargaining unit, they shall be re-assigned to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers next step on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed above that they held at the time of layoffreduction, provided, however, that such Administrator had completed a full year as an Administrator at the previous step. 3Section 10. The parties agree Effective 2010-11 any member of the XXXXX that these procedures apply only to serves in an interim position and becomes the suspension full time equivalent of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtposition will accrue seniority from that point forward.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A reasonable reduction of instructional staff members may be made in the Board determines it event that a reduction becomes necessary as a result of a decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, or by reason of suspension of schools or territorial changes affecting the district, or lack of funds. When such reduction is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsdeemed necessary, the reduction will be made in accordance with the following procedures shall apply.provisions: 1. Reductions Prior to proceeding with an anticipated staff reduction, the Association president shall be made notified by the suspending Superintendent of contracts based upon schools of the SuperintendentBoard's recommendationintent to consider a staff reduction. Those contracts A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be suspended affected, the extent of the anticipated reduction, and the possible effects of said reduction. Also, at this meeting, the Association will be chosen as follows: a. All members of the bargaining unit will be placed on provided with a seniority list for each teaching field for which they are properly certificatedof all bargaining unit members. 2. The seniority list shall be prepared by listing all teachers according to continuous service in the district within all areas of certification/licensedlicensure. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed Those on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will shall be defined as the length of listed first according to continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district; then those on limited contracts shall be listed by continuous service in the district. The list shall include the date of initial employment (continuous) for each employee. Teachers using any Board-approved leave of absence shall not lose the seniority held prior to the leave, and then by; c) Any remaining nor shall they gain additional seniority for the time on leave, i.e., a leave of absence shall not break an employee's continuous employment. If ties occur in seniority, regarding years of service, the teacher with the earliest date of board action to employ will be considered most senior. If ties still remain, the ties will be broken by lotthe flip of a coin if and when such becomes necessary in order to implement a staff reduction. 3. Any reduction in staff will first be accomplished through attrition insofar as it is possible to do so, i.e., the number of persons affected by a reduction in staff will be kept to a minimum by not employing replacements for employees who retire or resign or by not replacing individuals who are non-renewed. If further reductions are necessary, 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. Within each teaching field affected the teacher with the lowest rating on his/her evaluation will be the teacher whose contract is suspended. If two (2) or more teachers have comparable evaluations, layoff will occur in reverse order of seniority. Any reduction in force shall proceed using the following procedures and criteria. a. Bargaining unit members shall be placed in one (1) of four (4) groups for the purpose of a reduction in force. i. Group One shall be comprised of all members who have not received a final summative evaluation rating in the District; ii. Group Two shall be comprised of all members who were rated Ineffective on their evaluation using the calculation set forth below; iii. Group Three shall be comprised of all members who were rated Developing on their evaluation using the calculation set forth below; iv. Group Four shall be comprised of all members who were rated Skilled or Accomplished on their evaluation using the calculation set forth below. b. Any reduction in force shall begin with members in Group One, followed by Group Two, then Group Three, and then Group Four. c. Recommended The teacher’s final summative rating will be used to determine into which group the teacher is placed. Teachers shall be placed in Groups Two through Four based upon an average of the three (3) most recent summative ratings calculated as follows: i. Ratings of Accomplished shall equal four (4) points; ii. Ratings of Skilled shall equal three (3) points; iii. Ratings of Developing shall equal two (2) points; iv. Ratings of Ineffective shall equal one (1) point. d. The sum of the teacher’s most recent three (3) years shall be added together, divided by three (3), and rounded to the nearest whole number to find the “average” rating. (If the number ends with less than 0.5 it will round down and if the number ends with 0.5 or greater it will round up.) The teacher shall then be placed in the appropriate Group based on his/her average rating. i. Teachers who are rated Accomplished and who are not evaluated every year, shall be deemed to be Accomplished for the years in which they are not evaluated. ii. Teachers who are rated Skilled and who are not evaluated every year, shall be deemed to be Skilled for the years in which they are not evaluated. iii. Teachers who have fewer than three (3) years of evaluations (excluding those rated Accomplished and Skilled as described above) will receive zero (0) points for those years for which they have no evaluation rating. e. The order of reductions within each Group shall be: i. Members under limited contracts beginning with the least senior; and then, ii. Members under continuing contracts beginning with the least senior. iii. No preference shall be given to any member based on seniority, except when deciding between members who have comparable evaluations. Evaluation ratings within the same Group will be considered comparable with each other. 4. Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in reverse order of layoff, if and when teaching positions become vacant or are created for which any of such teachers are or become qualified. After restoration of teachers with continuing contracts, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of suspension and shall continue through the next three (3) full school years, unless removed from the recall list as stated below. For teachers with continuing contracts, restoration rights shall continue until the teacher is returned to a teaching field will be made by selecting position or removed from the person lowest on the seniority recall list for that area of certification who is currently assigned to a position in that teaching fieldas stated below. 5. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she whose contract is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will shall be placed on a recall list for eighteen (18) months from the date stating years of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements continuous service to the last known address district, subject(s) certified/licensed to teach, and type of all teachers on the recall list who are qualified according contract held prior to these provisionssuspension. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as shall be offered a contract for a position for which he/she enjoyed is certificated/licensed (or can become certificated/licensed) as positions become available and in inverse order - last discharged, first recalled. No teacher new to the district will be employed until all properly certificated/licensed teachers on the recall list have been offered a contract for a vacant position. The refusal of a recall to a part-time position shall not result in the teacher being removed from the recall list, unless the teacher was employed part-time prior to the layoff. A refusal of a recall to a full- time position shall result in a teacher being removed from the recall list. Recall notices shall be sent to the last address on file with the Board. Teachers shall be responsible for updating the Board on any change of address. 6. Insurance coverages provided to the certified/licensed staff may be continued by the teacher whose contract has been suspended under this provision, at his/her own cost, for the time of layoffperiod required by federal law. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If The District and the Board Association agree that all Education Code procedural requirements and provisions for layoff of unit members as well as the provisions of this article, shall be observed if the District determines it that reductions in force are necessary. To the extent any provision contained in this Article is necessary deemed to reduce be contrary to the Education Code, that portion of the agreement shall be given no force and effect. Prior to the issuance of any layoff notices, the District shall notify the Association of its intent to layoff bargaining unit members. Concurrent with such notification, the District shall provide the Association with the following information: 22.2.1. The name and number of bargaining unit positions under O.R.C. §3319.17 or for decrease members anticipated in funds, the following procedures shall applylayoff. 122.2.2. Reductions shall be made A list of all certificated unit members ordered by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length 22.2.3. A list of continuous service all temporary unit members performing bargaining unit work. 22.2.4. A list of all program and curriculum changes contemplated as a certified employee under regular contract in this districtresult of the anticipated layoffs. (1) Board approved leaves 22.2.5. A list of all certificated unit members who have announced their resignation or retirement, or have been granted a leave of absence will not interrupt seniority but time spent on such leave from the District. The District shall not count toward seniority. furnish, in writing, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each unit member relative to other unit members within five (25) If two or more teachers have days of the Governing Board's action taken to determine the order of termination. For unit members who are laid off, the District shall provide the benefits of Article 6 (Fringe Benefit Coverage) through September 30 of the same length of continuous servicecalendar year. Laid off unit members may, seniority will be determined by: a) The at their own expense, purchase medical coverage for up to 18 months after the effective date of their layoff by submitting to the board meeting District an amount equal to the premium for the medical coverage selected by the employee. The employee shall be obligated to follow the procedures set forth by the Business Office for submitting this payment. The District shall compensate any permanent unit member who has been laid off in accordance with a reduction-in-force action at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract daily rate of pay if the employee is hired as a substitute for 21 days or more within a period of 60 school days. 22.6.1. These former unit members shall be called for substitute service for a period not to exceed 39 months from date of termination in an order based upon seniority in the districtdistrict in accordance with provisions of Education Code 44956. The District shall compensate any probationary unit member who has been laid off in accordance with a reduction-in-force action at the standard district substitute rate of pay. These former unit members shall be called for substitute service in order based upon seniority in the District but after the former unit members in Section 22.6 above for a period not to exceed 24 months from date of termination in accordance with Education Code 44954. When re-employment opportunities exist, and then by; cthe District is obligated to make a reasonable effort to contact the eligible former unit member(s) Any remaining ties will be broken by lotprior to seeking other eligible candidates. c. Recommended reductions in 22.8.1. When the employment opportunity is for a teaching field will be made by selecting day-to-day or short term substitute position "reasonable effort" shall mean a telephone call to the person lowest on last known telephone number of the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaformer unit member. 222.8.2. The names When the employment opportunity is for one semester or more, "reasonable effort" shall mean the sending of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date registered letter of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements notification to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar daysformer unit member. The most senior of those responding will be given the vacant position. Any teacher District shall assist any unit member who fails is laid off in obtaining information regarding any employment benefit to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as which he/she enjoyed at the time of layoffis entitled. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 12.01 Reduction in Force (RIF) When the Board determines Board, by resolution, deems it is to be necessary to reduce hours or eliminate jobs staffed by members, lay-off resulting and ensuing recalls shall be governed by the following procedures. A. If it becomes necessary to reduce members’ hours or reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease members in fundsany job classification, other than those reflected in Section 10.05 (Special Education/Crossing Guard), the following procedures Board may make the reductions by laying off members in the reverse order of District seniority within the affected classification. Thirty (30) days prior to the reduction in force, the Business Manager shall apply. 1meet with the Association President to review the list of affected positions and the bumping rights, if any, of the affected members. Reductions All internal reassignments through bumping rights will be finalized before Board action on the members subject to the RIF. Members shall only have bumping rights within the affected classification series and may only bump down according to Appendix E. Assignments within classifications after bumping has occurred shall be made restricted only by the suspending provisions of contracts based upon Article X. B. At least twenty (20) days prior to the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members effective date of RIF, the Board shall prepare and post for inspection, in a conspicuous place, an accurate District seniority list containing the names, seniority dates and classifications of the bargaining unit will members subject to the RIF. Each affected member shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed given at the top least twenty (20) days advance written notice of the listRIF, in descending order of seniority. Teachers serving limited contracts will be placed on stating the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. following: (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. Reasons for lay off or reduction in hours and (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The effective date of the board meeting at lay-off or RIF. C. The administration may offer a member affected by a RIF a vacancy in another classification and/or classification series for which the teacher was hiredmember is qualified. Any member reduced in classification or hours shall retain recall rights into the member’s classification for a period of two (2) years, and then by; b) The date during which time the teacher signed his/her initial employment contract in Board shall not hire nor promote anyone to the district, and then by; c) Any remaining ties will be broken classification affected by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position RIF until all affected members in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list classification eligible for another area of certification, provided he/she is certificated in that second areareinstatement have been reinstated. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 1. The seniority of unit members within the Board determines it is necessary to reduce overall classification of Teaching Assistant shall be the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall applydetermining factor. 12. Reductions Throughout this Agreement seniority shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this districtthe bargaining unit in the North Andover School District, measured from the first day of employment. (1) Board approved leaves 3. Periods of service interrupted by resignation, retirement, termination or a leave not authorized in writing by the District shall not be added together to determine seniority. When such a break in service occurs, seniority shall be calculated or measured beginning with the most recent date of re-employment. 4. A period of voluntary or involuntary unpaid leave of absence will which has been approved by the Committee or a layoff caused by reduction in force or a leave which is a medical leave of absence that would qualify under the terms of MGL Chapter 32B section 7 shall not interrupt seniority constitute a break in service, but time spent on the length of such leave shall not count toward senioritybe credited in calculating or measuring seniority benefits. (2) If two or more teachers have the same length of continuous service, 5. A seniority list will be determined by: a) published by the Superintendent through the Director of Human Resources each year on the first school day in October. It will be disseminated via e-mail to the Chair/Co-Chairs of this unit with a copy to the President or Co-Presidents of the North Andover Teachers’ Association. The Chair/Co-Chairs of this unit will disseminate it to the members of this bargaining unit. The official date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on release of the seniority list shall be consistent with the date it is released via email to the Chair/Co-Chairs of this unit. Questions or objections to the seniority list must be filed, in writing, no later than November 1st with the unit Chair/Co-Chairs of this unit. If no questions or objections are filed, the aforesaid listing will be deemed final and binding and there will be no additional challenges to that list. In the event there are questions or objections raised in writing to the Chair/Co-Chairs of this unit, these will be jointly examined with the Director of Human Resources and the Superintendent or designee. If resolution of the issue(s) raised fails to occur within thirty (30) days following the close of the period in which questions/objections can be raised, the unsettled questions/objections may be submitted by the Association to arbitration at the Department of Labor Relations for that area final and binding resolution thereof. 6. Recall shall occur in the reverse order of certification layoff. Should a vacancy occur within the bargaining unit and there is a unit member who is currently assigned on the recall list, the laid off unit member shall be given the first opportunity to fill the vacancy. If the vacant position requires the delivery of behavioral services, then only those unit members who have completed the in-district behavioral services training will be offered the vacancy in the order of seniority. If a unit member declines the offer of recall, or is not offered the position, they shall be skipped on the list and the position in that teaching fieldshall be offered to the next unit member on the recall list. If a unit member declines the offer of recall for a third time, then will fall to the bottom of the list. If no unit member accepts the recall or if there is no one on the recall list, the position may be posted as a vacancy. 7. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers unit member on the recall list will have shall remain on the following rights: a. Teachers list for two (2) years from the effective date of the layoff. A unit member shall retain all seniority, sick leave, personal leave, longevity, and salary level they earned prior to layoff if recalled within two (2) years. Said member shall not receive any accrued seniority, sick leave, personal leave, longevity, or a salary level increase while on the recall list list. 8. Any laid off unit member having recall rights will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurscontacted by both phone and email. During the school year an employee must contact Human Resources within three (3) school days to receive the offer, and must accept or refuse the Board will send certified announcements offer within the following three (3) school days. During the summer break an employee must contact Human Resources within five (5) calendar days to receive the last known address of all teachers on offer, and must accept or refuse the recall list who are qualified according to these provisionsoffer within three (3) calendar days. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification unit member to resume active employment status, return ensure their contact information is kept up to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures date in the district.employee self-service portal Employee Self Service (ESS) Login

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 29.01 When any of the following circumstances occur, the Board may make a reasonable reduction in force by suspension of contract(s) pursuant to Ohio Revised Code Section 3319.17: A reduction in pupil enrollment. The reduction of a program, provided that such reduction is not for arbitrary or discriminatory reasons. A bona fide consolidation. The return to duty of a regular teacher after a leave of absence. Lack of funds, being defined as the District receiving less monies in total, not considering categorical funding than received in previous fiscal year. Financial Reasons. 29.02 To the extent possible, the number of members affected by a reduction in force will be minimized by not employing replacements for members who retire, resign, or whose limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions. 29.03 If the Board determines is contemplating the layoff of any members, it is necessary shall notify the Association and all members so affected thirty (30) days during the summer, or sixty (60) days during the school year, before the proposed effective date of the layoff. Such notice shall be in writing and shall include the specific positions to reduce be affected, the number proposed time schedule, and the reasons for the proposed action. Within twenty (20) days after receiving the aforesaid notice, the Board shall, if requested to do so in writing, grant the Association the opportunity to appear before the Board to present its positions concerning the Reduction in Force, after first meeting with and presenting its position to the Superintendent. 29.04 For purposes of this Article, seniority will be computed from a member'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. Seniority will continue to accrue during all paid leaves of absence and for a period of two (2) years from the effective date of a layoff. Seniority will not be broken by unpaid leaves of absence or employment by the Board in a position outside the negotiating unit, but such time will not be counted in computing seniority. 29.05 All bargaining unit positions under O.R.C. §3319.17 members shall be placed on a seniority list, which shall contain the following information: The initial date of employment with the Xxxxxx-Xxxxxx Local Schools. The type of teaching contract (limited or for decrease continuing). All areas in fundswhich the member is certified. Years of continuous service. No later than October 1, bargaining unit members shall present to the Superintendent copies of all certifications. Not later than October 15 of each school year, the following procedures shall applySuperintendent will provide the Association with the above seniority list and deliver to the Association President. 1. 29.06 Reductions shall needed beyond those available by attrition will be made by suspending contracts. In making such reductions, the suspending of Board will suspend contracts based upon in accordance with the Superintendent's recommendationteaching field affected. Those contracts to be suspended will be chosen as follows: a. All members : Reductions in any area of the bargaining unit certification/licensure will be placed on made from lowest evaluation score for that area of certification/licensure. In the event a tie in evaluations exists, the member with the lesser seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at reduced first. A member affected may elect to displace a member in another area of certification/licensure, provided he/she is certified/licensed to perform the top work and provided that he/she has a higher evaluation rating than the person to be displaced. Written notice of intent to exercise this right must be given to the listSuperintendent, in descending order of senioritywith a copy to the Association, within ten (10) days after a member is notified that he/she is to be laid off. Teachers serving limited contracts Within ten (10) days after he receives such notification, the Superintendent will notify member that he/she is to be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) displaced. If two or more teachers members have the same length of continuous service, seniority will be determined by: a) The by the date of the board Board meeting at which the teacher member was hired. If a tie still exists, the most senior member shall be the one whose name appears first in the Board minutes book and then by;so on down the line. b29.07 A member who is laid off shall remain on the recall list for a period of eighteen (18) The months after the effective date the teacher signed of his/her initial employment contract layoff unless he/she: Xxxxxx his/her recall rights in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions writing. Resigns. Fails to accept recall to a position; or Fails to report to work in a teaching field will be made by selecting position that he/she has accepted within ten (10) work days after the person lowest on date of mailing of the seniority list for that area notice of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided recall unless he/she is certificated ill or injured and verifies this in that second areawriting. 2. 29.08 The names recall of teachers whose contracts are suspended in members on the recall list shall be as follows: All members laid off as a result of a reduction in force will shall be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in reverse order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, layoff. No new teachers shall be employed by the Board will send certified announcements to the last known address of all teachers while there are members on the recall list who are qualified according to these provisionscertificated/licensed for any opening(s). It is A member on the teacher's responsibility to keep the Board informed recall list shall be recalled as position(s) become available in area(s) of his/her current addresscertification/licensure in accordance with contract status. All teachers Seniority will be considered in the event that more than one member with equal evaluations are required eligible for recall. When an opening(s) occurs, the Board shall send a certified letter to respond in writing all eligible members at their last known address to advise them of the district office availability of the position. The member shall, within ten (10) calendar daysdays after date of mailing said certified letter, indicate to the Superintendent in writing of his/her availability and desire for the position. Failure to notify the Superintendent within the specified period shall be deemed as a notice of unavailability for the position. The most senior Board shall reinstate the member indicating availability and desire for the position who has the greatest seniority as determined by the provisions of those responding will this Article. Upon reemployment, all rights related to fringe benefits shall be given fully restored as of the vacant position. Any teacher who fails date of such return to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsservice. c. A teacher 29.09 While on layoff, a member shall have the recall list will, upon acceptance right to pay the total premium for all group insurance benefits made available to the members of the notification to resume active employment statusbargaining unit by the Board, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures if available in the districtinsurance contract.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. The Board may make a reasonable reduction in force (RIF), if such a reduction becomes necessary by reason of a decrease in student enrollment, the return to duty of a regular full-time teacher from leave of absence, for financial reasons, or by reasons of suspension of school or territorial changes affecting the district. The following procedure shall apply to all full-time teaching employees. B. Except in the case of a RIF due to the return to duty of a bargaining unit member from a leave of absence, the Association shall be notified in writing at least forty-five (45) calendar days prior to any Board determines meeting at which it is necessary will take a vote to reduce the number implement a RIF of bargaining unit positions. The notice shall also include a list of the positions under O.R.C. §3319.17 or for decrease which the Board intends to eliminate and the effective date of the RIF. Upon such notification, representatives of the Board and Association shall meet at least thirty (30) calendar days prior to the Board meeting to review the list of positions affected. The Board will prepare the list of affected positions by taking steps in funds, the following procedures shall apply.order on the basis of the information known at the time: 1. Reductions Eliminating bargaining unit positions, where possible, due to attrition (retirement, resignation, or other severance from employment). 2. Not hiring for or filling vacant affected bargaining unit positions until contracts have been suspended and the RIF is completed. C. Reduction in force shall only be made accomplished by the Board suspending contracts in areas of contracts based upon certification/licensure recommended by the Superintendent's recommendation. Bargaining unit members affected by the reduction shall then have their contracts suspended in accordance with ORC Section 3319.17 based on their contract status, comparable evaluation as defined in Section D of this Article, and seniority, within the affected areas of certification/licensure. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers members serving under continuing contracts will shall be given a preference over those serving under limited contracts and placed at on the top of the listseniority list above those employees under limited contracts, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also seniority in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another each area of certification, provided he/she is certificated in that second arealicensure affected. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A. The language in this Article is intended to supersede Ohio Revised Code Section 3319.172, to the extent permitted by law. B. If the Board determines decides it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease members in fundsa job position category, the following procedures shall apply.procedure will govern such layoff and reinstatement: 1. Reductions The number of people affected by Reduction In Force shall be made kept to a minimum, as much as possible, by attrition. 2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the suspending job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of contracts based upon continuous service with the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit will during any period of such service, seniority shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at computed from the top first date of uninterrupted service with the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but District by accumulating only time spent on such leave shall not count toward seniority. (2) in the bargaining unit If two or more teachers bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by:; a) a. The date of the board Board meeting at which the teacher bargaining unit member was hired, ; and then by; b) b. Selecting a number from a container with each number representing a different employee. The date first number selected will be the teacher signed his/her initial employment contract in most senior and the districtnext number selected will be the next most senior, and then by; c) Any remaining so forth, until all ties will be broken by lot. c. Recommended reductions in a teaching field seniority are broken. The selection will be made by selecting the person lowest on administration with a representative of the Association present. 3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list for that area of certification who is currently assigned provided, any objection to a position in that teaching fieldthe list must be presented. A teacher so affected may elect to displace a teacher who holds a lower position on a If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority list for another area of certificationdates, provided he/she is certificated in that second areaas published. 24. The names Board shall determine in which job position category the layoff should occur and the number of teachers whose contracts are suspended in bargaining unit members to be laid off Except for a reduction in force will be placed on RIF involving a recall list for eighteen (18) months return from the date a leave of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursabsence, the Board will send certified announcements give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, after Board action, each member to be laid off shall be given thirty (30) calendar days advance written notice stating the effective date of the intended layoff. The Board may pay an employee in lieu of notice. 5. Bargaining unit members who are subject to lay-off, may displace the least senior member in another job position category, providing the following conditions are met: a. The job position category must be a lower paying job position category in the job family (i.e., a maintenance employee could biunp a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is displacing that employee; or b. The job position category must be a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee. c. The bargaining unit member must be willing to accept the pay scale of the job position category. 6. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff, f the employee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the last known address level of all teachers time the employee was working before the layoff. 7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the affected job position category. 8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the recall layoff list who are qualified according to these provisionsbefore the next person on the list may be considered. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within Members shall have ten (10) calendar daysdays from the date of mailing to respond. The most senior Notification of those responding will acceptance or refusal should be given presented to the vacant Superintendent, in writing; however, failure to respond at all shall be considered refusal of the position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept It is the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance responsibility of the notification involved member to resume active employment status, return to active employment status with advise the same seniority, accumulation Board of sick leave, and salary schedule placement as an address where he/she enjoyed at can be reached. Any member who declines reinstatement shall be removed from the reinstatement list, and the Board shall have no further obligation to the member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in removal from the reinstatement list. Notice of the vacancy or reinstatement shall be by certified mail. 9. The bargaining unit member's name shall remain on the appropriate reinstatement list for a period of two (2) years from the effective date of layoff. 3. The parties agree that these procedures apply only If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to salary and fiinge benefits. Time spent on layoff shall not coimt as experience for seniority or salary purposes. All Bargaining unit members laid off shall be subject to the suspension provisions of contracts under O.R.C. 3319.17 or for decrease the Consolidated Omnibus Budget Reconciliation Act of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district1986.

Appears in 2 contracts

Samples: Master Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. A reasonable reduction in bargaining unit members may be made in the Board determines it is event that a reduction becomes necessary as a result of a substantially decreased enrollment of pupils, elimination of subjects or classes, return to reduce duty of regular teachers after leaves of absence, budgetary restrictions, or by reason of suspension of schools or territorial changes affecting the District. B. The number of persons affected by a reduction-in-force shall be kept to a minimum by not employing replacements for bargaining unit positions under O.R.C. §3319.17 members who die, retire, resign or whose limited contracts are not renewed for decrease performance reasons. C. To the extent that reductions are not achieved through Section B above, reductions-in- force shall occur through the suspension of contracts. D. A seniority list of all bargaining unit members in funds, each area of their certification shall be developed annually by the following procedures administration according to the seniority provisions set forth in Article XXVII. The Association President shall applyreceive a copy of the list(s) by January 15 of each year. 1. Reductions Bargaining unit members volunteering to have their contracts suspended shall be made the first to have them suspended. 2. Bargaining unit members holding temporary licenses in the lowest evaluation category shall be the next to have their contracts suspended by seniority, if the suspending of evaluation rating is Comparable. If further reductions are necessary, then the Board shall proceed to suspend contracts based upon in accordance with the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members recommendation of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave Superintendent who shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended recommend reductions in a teaching field will be made bargaining unit position by selecting the lowest person lowest on the seniority list for in that area of certification who is currently assigned to a position and in that teaching fieldthe lowest evaluation category. A teacher bargaining unit member so affected may elect to displace a teacher another bargaining unit member who holds a lower the lowest position on a the seniority list for in another area of certification, certification provided he/she holds a valid license in the area and is certificated in the comparable evaluation rating category. E. If a part-time bargaining unit member is to be laid off, the following provisions shall govern: 1. The bargaining unit member shall have been informed prior to the issuance of his/her contract that second areahe/she may be laid off at the end of the first semester. 2. The names effective date of teachers the layoff shall be the first day of the second semester. Only part-time bargaining unit members can be laid off mid-year. 3. The bargaining unit member and the MTA shall have been given written notification at least thirty (30) calendar days prior to the effective date of the intended layoff. The Association at that time shall be provided a list of positions to be eliminated, a list of bargaining unit member(s) to be affected by the layoff and the reason for the layoff. 4. At least twenty-five (25) calendar days prior to the date of the Board’s intended action, a meeting shall be held between representatives of the Board and the Association to review appropriate data and discuss the layoff. 5. If a dispute occurs with regard to the justification for the layoff and/or the bargaining unit members to be laid off, the matter(s) shall be submitted to expedited arbitration in accordance with the procedures established by the American Arbitration Association. 6. All other provisions of Sections G through O below shall apply. F. If a full-time bargaining unit member is to be laid off, the following provisions shall govern: 1. The effective date of the layoff shall begin on the day after the last day of school for bargaining unit members, unless the reason is return of a regular bargaining unit member after a leave of absence. 2. The Board shall take no action on layoffs prior to May 15. 3. The bargaining unit member and the MTA shall have been given written notification at least thirty (30) calendar days prior to the effective date of the intended layoff. The Association at that time shall be provided a list of positions to be eliminated, a list of bargaining unit member(s) to be affected by the layoff and the reason for the layoff. 4. At least twenty-five (25) calendar days prior to the date of the Board’s intended action, a meeting shall be held between the representatives of the Board and the Association to review the appropriate data and discuss the layoff. 5. All other provisions of Sections G through O below shall apply. G. Bargaining unit members whose continuing contracts are suspended shall have the right of restoration to continuing service status in reverse order of layoff, if and when bargaining unit positions become vacant for which any of such bargaining unit members are licensed. After restoration rights of bargaining unit members with continuing contracts, those on limited contracts shall also be restored in the above-described manner. H. The bargaining unit member shall return to work upon being called back by the Board by certified mail, restricted delivery, for the bargaining unit member only. If the bargaining unit member fails to return to work within five (5) working days after receipt of the notice as requested, then that shall be grounds for the termination of the contract of said bargaining unit member. However, if the refusal is due to a reduction contractual obligation to another school district, such bargaining unit member will remain on the recall list through the end of his/her recall period. The bargaining unit member shall at all times have the obligation of keeping the Board apprised of his/her present address, and the Board shall notify the bargaining unit member at the address so filed with the Board. The Board shall have no other duties in force will seeking to notify the bargaining unit member of his/her opportunity to return. I. A bargaining unit member whose contract is suspended shall be placed on a recall list for eighteen (18stating years of continuous service to the District, subject(s) months from and/or grade levels licensed to teach, and type of contract held at the date time of the reductionsuspension. Teachers A bargaining unit member may verify new areas of eligibility on the recall list will have by filing any new certification in the following rights: a. Teachers Superintendent’s Office by March 1. A bargaining unit member on the recall list will shall be recalled in order of seniority offered a contract for vacancies in areas a position for which they are certificatedhe/she is licensed as positions become available and in keeping with the seniority provisions (inverse order – last discharged, first employed). A part-time bargaining unit member does not have to accept a full-time position, and a full-time bargaining unit member does not have to accept a part-time position. b. If J. No transfer, reassignment, or job reclassification shall prevent the recall of any laid-off bargaining unit member. K. A bargaining unit member with a vacancy occurs, limited contract who has not been recalled to duty after being laid off for a period of two (2) full school years shall no longer be deemed employed by the Board will send certified announcements and shall be removed from the recall list. L. A bargaining unit member or the MTA may grieve only that he/she, himself-herself should not have been laid off. M. Any award for back pay shall be reduced by any compensation, including unemployment compensation received, during the period in which the bargaining unit member was actually laid off. N. The Board reserves the right to nonrenew the contract of any limited contract status bargaining unit member pursuant to the last known address terms and conditions of all teachers on this collective bargaining Agreement and applicable State and Federal laws. O. A bargaining unit member who is laid off at the recall list who are qualified according to these provisions. It is end of the teacher's responsibility to keep the Board informed of school year shall have his/her current address. All teachers are required insurance premium(s) paid for the months of June, July, and August of the year of the layoff and then shall be eligible to respond in writing have his/her insurance coverage(s) continued, provided the bargaining unit member pays according to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsC.O.B.R.A. Law. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce decrease the number of bargaining unit positions under O.R.C. §3319.17 staff or for decrease in fundseliminate any position, the following procedures Board may lay off the necessary number of staff but only in the inverse order of the district seniority of such staff. A staff member whose position has been reduced, who is qualified for another area or position may displace a staff person in the other area or position with less seniority. If the reduction of the least senior staff member would result in serious disruption to a student's educational program, the Superintendent shall apply. 1notify the President of the Association, explain the circumstances and will reduce the next least senior staff person. Reductions No staff person may be prevented from securing other employment during the period the staff person is laid off under this article. When staff positions become available, laid off staff members shall be made by reinstated in the suspending inverse order of contracts based upon their being laid off, provided that they are qualified to assume the Superintendent's recommendationavailable position(s). Those contracts to be suspended will be chosen as follows: a. All The Board shall prepare a seniority list which indicates the dates of employment of all members of the bargaining unit unit. When preparing such a list, the initial date of employment will be placed on a seniority list for each teaching field for which they are properly certificated/licensedthe first day of work as noted by the SAU 88 payroll department. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall Such list will be recalled posted in order September in each building. A copy of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements list shall also be provided to the last known address of all teachers on Association President. Failure to provide the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article Association President shall not require the Board to fill any vacancybe grievable, nor shall it interfere with impact the validity of such list. The Association shall review the list and bring to the Board’s attention any other lawful personnel procedures errors therein or omissions therefrom within thirty (30) days of receipt. In the event of a tie in seniority between two or more employees, the following factors will be considered in the districtorder stated: a. Date of nomination by the Principal to be submitted within two work days of oral acceptance of a job offer; b. Date of election by the Board; x. Xxxx of written offer of employment A recalled staff member's credit for such previous years of service shall not be lost as a result of the layoff and such recall rights shall remain in effect for two (2) years following the school year in which the layoff notice was effected. Seniority within the bargaining unit shall be lost upon termination, resignation, or retirement. Upon transfer to a position outside of this bargaining unit in the District for more than one year, an employee's seniority shall be frozen based on the original date of transfer, subject to renewal if the employee is rehired to a bargaining unit position.

Appears in 2 contracts

Samples: Professional Agreement, Professional Agreement

REDUCTION IN FORCE. If In the event that a reduction in work force is necessary for any of the reasons specified by O.R.C. 3319.17, reductions will be made in accordance with the following procedures: A. The GHEA will make every effort to encourage bargaining unit members who will be on leave, returning from leave, resigning or retiring, to notify the superintendent in writing on or prior to March 1 of the current school year. B. When the Board determines it in any school year that there is necessary a need to reduce suspend employee contract(s) for the number following year, the GHEA will be given written notice of such possibility on or prior to April 5 of the current school year. Upon giving notice, the Board will provide the GHEA president with written data concerning student enrollment, bargaining unit positions under O.R.C. §3319.17 or members’ seniority and areas of certification, names of employees on leaves of absence, and financial information. C. The GHEA president will be given the opportunity to make suggestions to the superintendent before the recommendation for decrease suspensions of contracts is made to the Board. D. The Board shall notify the GHEA and any employee initially affected by the reduction in fundsforce, in writing, as soon as the Board reasonably determines that such a reduction shall be necessary. Any and all affected employees will be notified no later than May 1. E. In making any such reduction, the following procedures board shall applyproceed to suspend contracts in accordance with the recommendation of the district's superintendent and under provisions of this section. 1. Reductions Each employee affected by the reduction, based on area of licensure, shall be made by placed in one of the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as followsfollowing categories: a. All members (a) Category 1, which shall contain all employees on limited or extended limited contracts with an evaluation rating of the bargaining unit will be placed ineffective; (b) Category 2, which shall contain all employees on a seniority list for each teaching field for limited or extended limited contracts with an evaluation rating of developing; (c) Category 3, which they are properly certificated/licensed. Teachers serving under shall contain all employees on limited or extended (d) Category 4, which shall contain all employees on limited or extended limited contracts with an evaluation rating of accomplished (e) Category 5, which shall contain all employees on continuing contracts will be placed at the top with an evaluation rating of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district.ineffective; (1f) Board approved leaves Category 6, which shall contain all employees on continuing contracts with an evaluation rating of absence will not interrupt seniority but time spent on such leave shall not count toward seniority.developing; (2g) If two or more teachers have the same length Category 7, which shall contain all employees on continuing contracts with an evaluation rating of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then byskilled; b(h) The date the teacher signed his/her initial employment contract in the districtCategory 8, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest which shall contain all employees on the seniority list for that area continuing contracts with an evaluation rating of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaaccomplished. 2. The names Reductions in the affected area of teachers whose contracts are suspended licensure shall be made starting with employees in a reduction Category 1 and shall proceed sequentially through employees in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will Category 8, until all necessary reductions have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffoccurred. 3. The parties agree that these For the purpose of this section, Evaluation Rating shall consist solely of the rating earned on the Evaluation Rating assigned to an employee in accordance with the evaluation procedures apply only to the suspension of contracts adopted under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.O.R.C.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

REDUCTION IN FORCE. If A. Seniority shall be defined as the Board determines it continuous service or employment as a teacher in the District, beginning with the first date the teacher reported for duty as a regular teacher. A regular teacher is necessary to reduce defined as a teacher hired on a limited or continuing contract with appropriate placement on the number adopted salary schedule. Continuous employment for the purpose of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures this section shall apply.include: 1. All Board approved leaves of absence, 2. All time while on disability retirement up to a maximum of five (5) years, and 3. All time during suspension if the teacher is later reinstated. B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate that a decrease in enrollment was the reason for the suspension of the contract. Teachers to whom this paragraph applies shall be notified of all vacancies. C. Reductions in teaching staff shall be made by the suspending Board for the following reasons: 1. Decrease in pupil enrollment. 2. Suspension of contracts based upon schools or territorial changes affecting the Superintendent's recommendationschool district. 3. Those contracts Return to be suspended duty of a regular teacher from leave or disability retirement. 4. Elimination or reduction of courses of study provided that notice is given to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the Superintendent shall sign applications for certification/licensure submitted by teachers in those potentially affected areas, when such applications meet the criteria established by the State Department of Education for certification/licensure. The application will be chosen signed on a yearly basis as follows:long as the teacher continues to make satisfactory progress toward permanent certification/licensure. a. All 5. Financial reasons. D. The Superintendent shall meet with representatives of the Association by April 30 to discuss the possible effects, resulting from the issuance of temporary certification/licensure, upon other members of the bargaining unit will with regard to rights or RIF. The intent of this language is to allow members of the bargaining unit, who may be placed on directly or indirectly affected by the elimination or reduction of courses of study, ample time to protect their rights or RIF. E. Having made a determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board. F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers to be reduced, a seniority list for by tenure, including each teaching field for which they are properly certificatedteacher's area(s) of certification/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of senioritylicensure. b. Seniority will G. All suspensions of contracts pursuant to this Article shall be defined made as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined byfollows: a) 1. The date suspension of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken shall occur to non-tenured teachers first by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification/licensure. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, provided he/she when available) and the third decision point is certificated in that second areaseniority. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen In the event two (182) months from or more teachers' continuous service began the same date, the date of the reductionBoard authorized the contract shall take precedence. Teachers on In the recall list will have event, two (2) or more teachers were hired at the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurssame Board meeting, the Board will send certified announcements teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails is certified to respond within ten (10) calendar days, or who declines to accept teach the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance greatest number of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffsubjects. 3. Should it become necessary to suspend the contract of any tenured teacher, such suspension shall be made from tenured teachers first based on teacher evaluation (based on three (3) most recent final evaluations, when available) and second on seniority. 4. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The parties agree that these procedures apply only right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure. 5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the suspension of contract without limitation due to their part-time status. H. Teachers whose contracts under O.R.C. 3319.17 or have been suspended for decrease of funds. This article the reasons set forth in this Article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures have recall rights in the district.following order:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If Section 1 In making reductions in staff, educational attainment, licenses and performance, as reflected in teacher evaluations, shall govern. When merit and ability are equal, seniority shall prevail. The determination of relative merit and ability shall be the Board determines it prerogative of the Superintendent and an arbitrator may not substitute his judgment for theirs unless he finds their judgment to have been unreasonably exercised. Section 2 Coordinators whose position is necessary eliminated and who wish to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsreturn to a teaching position may do so, provided that they satisfy the following procedures shall applyconditions: they are licensed and qualified; and, they can only return to a teaching position at the start of a school year. 1Section 3 The provisions of this Article shall not apply to the non-renewal of the contract of any employee. Section 4 Seniority as used herein shall mean an employee’s length of service years, months and days in the employ of the Committees in the bargaining unit. Reductions Employees shall be made by the suspending credited for seniority purposes with all time spent on authorized leave of contracts based upon the Superintendent's recommendationabsences. Those contracts to be suspended In cases involving employees having identical seniority, merit and ability, lots will be chosen as follows: a. All drawn by said employees to determine seniority. A list indicating seniority of members of the bargaining unit will shall be placed on a prepared by the Committees and forwarded to the president of the Association within 90 days following the execution of this Agreement and shall be updated yearly by October 15. No employee seniority list shall be altered between revisions in the list except to correct an error. New employees shall be added to the list upon their entrance to the bargaining unit. Section 5 A tenured employee who has been laid off shall be entitled to recall rights in the inverse order of his lay-off, to a position to which he is qualified for each a period of two years from the effective date of his lay-off. Section 6 Coordinators whose position is not eliminated but who wish to return to a teaching field position may do so, provided that they satisfy the following conditions: there is a vacant position for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed licensed and qualified; and, they can only return to a teaching position at the top start of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of senioritya school year. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Content Coordinators Contract, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. Reduction in Force shall be defined as decreased enrollment of students, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the District, or financial reasons. When and if the Board determines it is will be necessary to reduce the number of bargaining unit positions under O.R.C. §members, it will make a reasonable reduction in keeping with provisions of this Section. A reduction in force will not be made except for reasons set forth in Section 3319.17 or of the Ohio Revised Code. No bargaining unit member's contract will be non- renewed for decrease in funds, the following procedures shall applyany of such reasons. 1. B. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen recommendation as follows: 1. The Board shall handle all staff reductions first through normal attrition; 2. Limited contract teachers shall be reduced by using the following order: a. All members Area of Licensure/Certification b. Competency as determined by formal evaluation c. When evaluations are comparable, by lowest seniority in the School District. 3. Continuing contract teachers shall be suspended only after all limited contract teachers in the teaching field of assignment by using the following order: a. Area of Licensure/Certification b. Competency as determined by formal evaluation c. When evaluations are comparable, by lowest seniority in the School District. C. Seniority 1. Each member of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificatedhe/she is certified/licensed. Teachers serving Unit members employed under continuing contracts will be placed at the top of the list, each list in descending order of seniority. Teachers serving Unit members employed under limited contracts will be placed on the each list under beneath those on continuing contract teachers, also contracts in descending order of seniority. The Human Resources Department will post and electronically notify members on or before November 10th the availability of the seniority list. Bargaining unit members will inform the Association and the District of any inaccuracies in the seniority list on or before December 15th. Inaccuracies shall be remedied not later than January 30th. b. 2. Seniority will be defined as the length of continuous service employment as a certified employee under regular contract member of the bargaining unit in this districtDistrict. (1) a. Time spent while on a Board approved leaves of absence leave or while on a RIF status will not interrupt seniority but time spent on such leave shall not and will count toward seniority, but not for the purpose of salary schedule placement except if on an approved paid leave or if the unit member has worked one-hundred twenty (120) days prior to the effective date of the suspension. (2) b. If two or more teachers unit members have the same length of continuous serviceemployment, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher unit member was hiredemployed, and then by; b(2) The the date the teacher unit member signed his/her initial employment contract in the this district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions In the event of a tie in seniority among staff members each of whom holds a teaching field will limited contract or each of whom holds a continuing contract, such tie shall be made broken (i) first by selecting suspending the person lowest on the seniority list for that area contract of certification a staff member who is currently assigned to on a position part-time contract that has fewer tenths before suspending the contract of a staff member that either is part- time with greater tenths or is full-time and (ii) then by utilizing a computer-generated number randomizer with the member generating the higher(est) number gaining seniority. For this and other purposes of this Section, “part-time” shall mean any amount less than a full (i.e., 100%) contract status and shall be in that teaching fielddescending tenths of a full-time contract (i.e., .9, .8, .7, etc.). 3. A teacher unit member so affected may elect to displace another unit member if: a. He/she possesses a teacher who holds a lower position on a seniority list for valid license/certificate in another area of certificationlicensure/certification other than the assigned area, provided and b. He/she has earned a comparable or higher evaluation rating, and c. He/she has higher seniority than the unit member he/she is certificated in that second areaseeks to displace. 4. Unit members must be notified by the administration in writing on or before May 30 of the calendar year during which the suspension is to take place if the reason(s) for RIF are known on or prior to May 30. If the reason(s) for RIF are not known until after May 30, the notification will be sent as soon as possible in keeping with the provisions of this Section. 5. Any such election must be made within two (2) work days of the time the unit member is notified in writing that he/she will be affected. D. The effective date of a suspension (RIF) will not take place during any contractual year after the one-hundred twentieth (120th) day of that contractual year. In such instances, the effective date of the suspension will be the first contractual day of the next contractual year. In all other instances, the effective date will be determined by the Board. An employee may not exercise the option of Sabbatical Leave in order to circumvent a reduction in force action affecting said employee. E. The names of teachers those bargaining unit members whose contracts are going to be suspended in a reduction in force will be placed on a recall list, provided that placement of limited contract members on such list shall last for eighteen no more than twenty-four (1824) months from starting with the effective date of the reductionsuspension. 1. Teachers No new certificated employee will be employed by the Board while there are unit members on the recall list will have who are certificated/licensed for the following rights:vacant position and hold a contract for the same or greater tenths of service. a. Teachers 2. Unit members on the recall list will be recalled in reverse order of seniority layoff for vacancies in areas for which they are certificated/licensed, provided that (a) no limited contract employee may be recalled to a vacancy that is for a greater tenths of service than his/her suspended contract, (b) no employee shall be required to accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract, and (c) an employee on limited or continuing contract who does accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract shall remain eligible, during the twenty-four (24) month recall period applicable to limited contract teachers, to be recalled to a vacancy that is for a greater tenths of service (but no greater than the tenths of service of his/her suspended contract). b. If 3. When, and if, a vacancy occursoccurs outside of the contract year and after the date a unit member is notified that his/her contract is to be suspended, the Board will send an announcement by certified announcements mail to the last known address of all teachers unit members on the recall list who are qualified according to these provisionscertificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. It is the teacherunit member's responsibility to keep the Board Board's Treasurer informed of his/her current address. If a vacancy occurs during the contract year but after the date a unit member is notified that his/her contract is to be suspended, a Board designee will hand-deliver a vacancy announcement to all unit members on the recall list who are certificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. The member shall sign indicating he/she has received the vacancy notice. All teachers affected unit members interested in the vacancy are required to respond in writing or in person to the district district's administration/Board office within ten (10) calendar daysdays of receipt of the Board’s announcement. The most senior of those affected unit member responding who has the highest placement on the seniority list for the certificate/license required for the vacancy will be given assigned the vacant position. Any teacher who fails position effective immediately and will be removed from the recall list, subject to respond within ten (10item 2(c) calendar days, or who declines to accept the position, will forfeit all recall rightsimmediately above. c. A teacher 4. If a vacancy is not filled from the recall list by a unit member having at least the same tenths of service and to whom a notice is sent under item 3 immediately above, the Board will send an announcement by certified mail to the last known address of all unit members on the recall list will, upon acceptance who are certificated/licensed for the vacant position and who do not hold a suspended contract for at least the same percentage of service. The latter unit members may then apply for the position and shall be deemed to be covered by the provisions of Section 7.01 above in doing so. 5. Any unit member receiving a recall notice who does not accept the recall for that vacancy shall be removed from the recall list. This section shall not apply if the recall notice is received after July 10th and the unit member is under contract with another school district. F. Unit members already on a recall list under provisions of the notification previous Master Contract will automatically be provided all rights of recall under provisions of this Section. G. No later than fifteen (15) days prior to resume active employment statusthe Board taking action on a reduction in force, return the Association President shall be given the District's seniority lists for each area of certification/license and a list of those unit members whose contracts are going to active employment status with be recommended for suspension. H. The administration will hand-deliver letters to unit members affected by a reduction in force explaining the same senioritycircumstances of such reduction if notice is provided during the contract year. If notice is provided outside of the contract year, accumulation the administration will provide letters via certified mail for unit members affected by a reduction in force explaining the circumstances of sick leave, and salary schedule placement as he/she enjoyed such reduction. I. The unit member on suspended limited or continuing contract will have the right to remain a member of any or all employee group insurance policies at the unit member's expense from the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or his/her contract takes effect to the end of the twenty-four (24) month recall period applicable to limited contract teachers, provided the full cost of the monthly premium(s) for decrease such coverage(s) is remitted to the Board's Treasurer fifteen (15) days before the due date of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtpremium.

Appears in 2 contracts

Samples: Master Contract, Master Contract

REDUCTION IN FORCE. If 1. The Board may terminate employment in case of retrenchment necessitated by financial exigency, reorganization, or other cause determined by the Board determines it of Education. 2. The Superintendent shall announce when a reduction in force is necessary to reduce and seniority shall be the number basis for terminating positions. 3. Seniority will be defined as length of bargaining unit positions under O.R.C. §3319.17 or for decrease continuous service including approved Leaves of Absence, if any, from the date of employment in fundsthe Plain Local School District. In the event of a tie, the following procedures date of employment by official Board action shall applyprevail, and then the first day of actual work, followed by lot. 14. Reductions When reduction in force becomes necessary it shall occur as follows; a. Non-tenured shall be made the first ones released. b. Tenured shall be the last ones released. 5. The classified employee released shall be notified by certified mail and/or receipted methods. 6. Once announced, the suspending Board shall provide a certified list to the Association on the order of contracts based upon recall. 7. A classified employee whose name appears on the Superintendent's recommendationReduction in Force list shall be offered re-employment when a position becomes available. Those contracts to Classified employees shall be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, recalled in descending order of seniority. Teachers serving limited contracts will No new classified employees shall be placed employed by the Board while there are members of the classified staff on the list under continuing contract teachers, also Reduction in descending order of seniorityForce list. b. Seniority will 8. Classified employees being recalled shall be defined as the length of continuous service as a notified by certified employee under regular contract in this district. mail and have ten (110) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months working days from the date of receipt to respond affirmatively. It shall be the reductionemployee’s responsibility to make appropriate arrangements for forwarding or receipt of mail if he/she will be away from his/her address for more than five (5) working days. 9. Teachers on If the classified employee fails to respond in the affirmative upon recall, he/she shall be removed from the recall list will and the Board of Education shall have the following rights:no further obligation. a. Teachers on the 10. The recall list will shall be recalled in order of seniority maintained for vacancies in areas for which they are certificatedtwo (2) years. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If The procedures contained in this Article apply only to reduction in force other than through attrition. A reduction in force occurs when the Board determines it is necessary decides to suspend contracts in order to reduce the number of bargaining unit positions under O.R.C. §3319.17 employees because of decreased enrollment of pupils, suspension of schools, territorial changes affecting the district, employees returning from leaves of absence, or for decrease financial reasons. The Board’s decision not to fill a vacancy shall not be considered a reduction in fundsforce. I. Thirty days before the Board makes the final decision that a RIF will occur, the following procedures shall applyBoard will notify the Association with a list of positions to be eliminated and a list of employees who will be affected. The Association has the right to discuss and question the decision. 1II. Reductions shall be made by the suspending of contracts based upon the Superintendent's ’s recommendation. Those The contracts to be suspended will be chosen as follows: a. 1. All members of the bargaining unit employees will be placed on a seniority list for each teaching field area of work for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityqualified. b. 2. Seniority will be defined as the length of continuous service as a certified full-time or part- time bargaining unit employee under regular contract in this district. (1a) Board approved leaves of absence will not interrupt seniority but time spent on such a leave shall not count toward seniority. (2b) If two or more teachers employees have the same length of continuous service, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher employee was hired, and then by; b(2) The the date the teacher signed his/her initial employment contract in the district, and then by;of application. c(3) Any any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2III. The names of teachers employees whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) up to 30 months from the date of the reductionreduction takes effect. Teachers For recall purposes, a half-time employee may be recalled for a half-time position and a full- time employee may be recalled to full-time position. With the above exceptions, each employee will remain on the recall list will have until the following rightsearlier of the following: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated1. He/she has been recalled. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the 2. He/she does not accept recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond by responding in writing to the district office Superintendent within ten (10) seven calendar days. The most senior days of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on receipt of the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffletter. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. If In the event the Montpelier Board of Education determines it is necessary to reduce the number of bargaining unit certificated staff positions under O.R.C. §3319.17 the reasons set forth in Ohio Revised Code 3319.17, a decline in enrollment of a program, grade level, or for decrease in building level, or due to a lack of funds, the following procedures shall applybe used: A. To the extent possible, the number of teachers affected by reduction in personnel will be minimized by not employing replacement for employees who retire, resign or those whose limited contracts are not renewed for reasons other than reduction in personnel. Attrition alone may not be sufficient to accomplish necessary reductions. 1. Reductions shall B. Staff reductions needed beyond those available by attrition will be made by the suspending of contracts based upon the Superintendent's recommendation. Those The board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. For the purpose of this article, comparable evaluations are evaluations with the same OTES ratings based on a three (3) year running average, to the extent that such a number of evaluations exists. Teachers on continuing contract shall be given preference over teachers with limited contracts to Seniority shall be suspended will be chosen defined as follows: a. All 1. A seniority list shall be established listing all members of the bargaining unit will be placed on a seniority list for unit, the date of hire- in, and the areas of certification held by each teaching field for which they are properly certificated/licensedteacher. Teachers serving under holding continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving holding limited contracts will be placed on the list under below continuing contract teachers, also in descending order of seniority. b. . Seniority will be is defined as the length of continuous service as a certified employee under regular contract in this districtto the Montpelier School System. (1) Board approved 2. Authorized leaves of absence will not interrupt seniority seniority, but time spent on such leave shall will not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. C. The names of teachers whose contracts are suspended in a reduction in force of personnel will be placed on a recall list for eighteen up to twenty-four (1824) months from the date of the reduction. Teachers on the recall list will have the following rights: a. 1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the vacancy. 2. Teachers on the recall list will be recalled in order of seniority eligible to be recalled. Seniority shall not be the basis for vacancies in areas for which they are certificated. b. recalling a teacher, except when making a decision between teachers who have comparable OTES ratings. If a vacancy occurs, the Board will send a certified announcements announcement to the last known address of all teachers on the recall list who are qualified according to these provisionsproperly certified. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to The teacher must respond in writing to the district office within ten seven (107) calendar days. The most senior days of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar daysmailing date, or who declines to accept the position, will forfeit otherwise he/she forfeits all recall rights. Recall shall be in reverse order of reduction. c. 3. If a teacher is recalled and is unable to obtain a release from contractual obligations to another school board, the teacher will remain on the recall list for one (1) year. 4. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. Participation in benefits during layoff are pursuant to COBRA. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Negotiations Agreement, Master Negotiations Agreement

REDUCTION IN FORCE. If A reasonable reduction of staff members may be made as a result of a return to duty of bargaining unit members on qualified leave, suspension of schools or territorial changes affecting the Board determines it is necessary District, a decline in enrollment within the District or building, a declaration of Fiscal Watch by the Auditor of State as determined by Ohio Revised Code 3316.03 where reductions made in response to the watch are part of an overall plan to reduce the number of bargaining unit positions under O.R.C. §3319.17 certified operating deficit, or for decrease in fundsfinancial reasons. When such a reduction is deemed necessary, the following procedures shall apply. be followed: No later than June 1, the Association President shall be notified of the Board’s intent to consider a staff reduction. Reductions Any certifications from the State Auditor shall be included with said notice. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The Association shall be informed as to why the reduction is deemed necessary, what teaching positions are to be affected, and the extent of the anticipated reduction. If the reduction is due to decreased enrollment, the HLEA President shall be provided with all enrollment projections and actual numbers for enrollment including Open Enrollment projections. Reduction in force shall be made by suspension of contracts. The Board shall proceed to suspend contracts in accordance with the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members recommendation of the bargaining unit will be placed on a seniority list for Superintendent who shall within each teaching field for which they are properly certificated/licensedaffected, give preference to teachers on continuing contracts. Teachers serving under continuing contracts will The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations over a three (3) year period. A member whose contract is suspended as a result of a staff reduction shall be placed at the top given written notification no later than June 15 of the list, school year preceding the actual reduction in descending order force. The notification shall state the reason(s) for the reduction and the reason(s) for the selection of senioritysaid member. Teachers serving limited contracts will Members shall be placed recalled based on the list under recommendation of the Superintendent who shall within each teaching field affected, give preference to teachers on continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) contracts. The Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward give preference to any teacher based on seniority. , except when making a decision between teachers who have comparable evaluations over a three (23) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant positionyear period. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or employee who’s contract was suspended shall have restoration rights for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.a twenty-four

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If 1. When the Board determines that it is will be necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsteachers because of decreased enrollment, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in territorial changes affecting the district, and then by; creturn to duty of regular teachers after leave of absence, or financial reasons, a reasonable Reduction In Force (RIF) Any remaining ties will may be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching fieldmade. A teacher so affected RIF may elect to displace only occur at the end of a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaschool year. 2. The names Superintendent shall notify the Association of the reason for any anticipated staff reductions. The Association President or Co-Presidents will be provided with the following information prior to the Board acting on his/her RIF recommendation: a. The seniority list, which shall include contract status of all bargaining unit members, teaching field, total years of service in the bargaining unit and all areas of certification. For purposes of reduction in staff, any and all certificated/licensed teachers who are certified/licensed in more than one area of certification/licensure shall be placed on each and every seniority list for which they have proper certification/licensure. b. The Association President or Co-Presidents will also be provided final summative evaluation rating for any until members who will be subject to RIF. c. A list of positions to be reduced. d. The reasons for such reductions. 3. The Superintendent shall recommend which positions shall be affected and which teachers shall be laid off. The Superintendent will use the following order in recommending which teachers are to be laid off: a. The Board may make any reductions in force first through attrition, resignation or on approved leave of absence. b. Limited contract teachers holding temporary certification will be reduced first. c. Fully certificated limited contract teachers will be reduced next, within each area of certification/licensure, beginning with those teachers with a principal’s evaluation rating of “ineffective.” d. Any limited contract teacher with a principal’s evaluation rating of “developing” will be reduced next. e. Continuing contract teachers shall be given preference so that they are the last category of teachers suspended within the certification/licensure area to be reduced. f. For any reduction in force, Accomplished and Skilled teachers and non-OTES evaluated employees shall be considered comparable and the RIF shall be on the basis of seniority and contract status within area of certification/licensure. g. No preference shall be given to any member based on seniority, except when deciding between members who have comparable evaluations. h. In case of a tie, those unit members hired prior to July 1, 2014 will use the date original application received by Personnel Department. Those unit members hired on or after July 1, 2014 will use the date original contract was received by the Personnel Department. i. In event of a tie after review of receipt date as stated in h. above, highest social security number beginning with the number to farthest right and proceeding left until tie is broken where 0 is the lowest and 9 is the highest. 4. A unit member whose contract is suspended as a result of a RIF shall be given written notification, by hand delivery or certified or registered mail, that his/her employment will be suspended and the reasons for such suspension. This notification shall occur prior to April 15, if possible, prior to the year the RIF is to be implemented. 5. A bargaining unit member whose contract will be suspended will have the right to displace any less senior bargaining unit member whose work he/she is certified/licensed to perform so long as the displacing member possesses a comparable or better evaluation and/or rating than the member being displaced. Whether the teacher has a better or comparable evaluation shall be in the sole discretion of the Superintendent, which cannot be grieved. Within ten (10) calendar days of the Board’s action to implement a RIF, a bumping meeting, if necessary, shall be held for all affected employees. 6. RECALL – The following procedures will be used in the recall process: a. Any members who were laid off shall have recall rights for a period of twenty-four (24) months from the effective date of the layoff unless: i. the unit member was RIFed as a result of an “ineffective” principal’s rating (such limited contract unit member shall not be eligible for recall); ii. recall rights are waived in writing by the teacher; iii. a resignation is offered by the teacher, or iv. the teacher fails to accept the position to which he/she has been recalled within ten (10) calendar days of the written notice of recall. b. All unit members whose contracts are suspended in as a reduction in force will result of a RIF shall be placed on a recall list for eighteen (18stating years of continuous service to the District and subject(s) months from the date of the reduction. Teachers certified/licensed to teach. c. A unit member on the recall list shall be offered a contract for vacant positions for which he/she is certified/licensed, as positions become available and in keeping with the certification/licensure, and contract status. Such teachers will have be recalled in reverse order of layoff if/when there is a vacancy for which the following rights:teacher is certificated/licensed to perform the duties of the vacant position. a. Teachers d. A unit member who gains additional certifications/licenses while on the recall list will be recalled in order credited at the time of seniority for vacancies in areas for which they are certificatedsubmission to the Superintendent. b. If 7. When a vacancy occursexists, the Board will shall send an email and certified announcements letter to the last known address of all teachers next unit member on the recall list who are qualified according is certified/licensed for the position, at his/her last known address to these provisionsadvise him/her of such position. It is the teacher's unit member’s responsibility to keep the Board informed of his/her current addressemail and U.S. mail addresses. All teachers are required to respond in writing to The unit member shall notify the district office Board within ten (10) calendar daysdays from the date of the letter to indicate availability and desire for such position. 8. The most senior of those responding If a position(s) initially abolished is reinstated, this position(s) will be given staffed first from the vacant positionRIF list. Any teacher who fails Thereafter, voluntary transfers may be made to respond within ten (10a position affected by the RIF after the position(s) calendar days, or who declines has been offered to accept all properly certified/licensed unit members on the position, will forfeit all recall rightsRIF list. c. A teacher 9. No unit members new to the District will be employed until all properly certified/licensed unit members on the RIF list have been offered a contract for the position in accordance with the provisions of this section. 10. No unit member whose contract has been suspended pursuant to this Article shall lose the right to recall list willby reason having declined recall to a position that is less than full-time or, upon if the unit member was not employed full-time just prior to suspension of the member’s contract, to a position requiring lesser percentage of full-time employment than the position the unit member last held while employed in the district. 11. Upon acceptance of the notification notice to resume active employment status, return the unit member shall be entitled to active employment status with the same senioritycontractual status which was held prior to the RIF including but not limited to all rights related to salary, accumulation of sick leavefringe benefits, and salary schedule placement as he/she enjoyed at the time of layoffseniority shall be fully restored. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If To the extent possible, the number of staff affected by a reduction in force will be minimized by the impact of attrition. However, if the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 for reasons of decreasing student enrollment, return to duty or regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, or for decrease financial reasons, further reductions will be made in fundsaccordance with the following procedures: A. When the Board determines in any school year that there is a need to suspend employees' contract(s), the following procedures shall applyGHESSA will be given written notice of such possibility ninety (90) days before the effective date of any reduction. Upon written request, the Board will provide the GHESSA president with written data concerning student enrollment, bargaining unit members' seniority, names of employees on leaves of absence, and financial information. 1. Reductions shall B. The GHESSA will make every effort to encourage staff who will be on leave, returning from leave, resigning or retiring, to notify the Superintendent in writing on or before the date of intended reduction in force. C. The GHESSA President will be given the opportunity to make suggestions to the Superintendent before the recommendation for suspensions of contracts is made to the Board. D. The GHESSA President and those staff who (prior to the exercise of any bumping rights) are being recommended for suspension by the suspending Superintendent shall receive notice in writing on or before forty-five (45) days before the effective date of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows:any reduction in force. a. E. All members of the bargaining unit will shall be placed on a seniority list for each teaching field for which they are properly certificated/licensedby classification. Teachers Staff serving under continuing contracts will be placed at the top of the list, list in descending order of seniority. Teachers Staff serving under limited contracts will be placed on the list under continuing contract teachersstaff, also in descending order of seniority. Staff will be arranged in the following classifications: secretary, custodian, maintenance, paraprofessional, health services paraprofessional, food service, clerical, child care attendant, groundskeepers, accounting clerks, occupational therapy assistants, technology and network specialist assistant, data and student services coordinator. b. F. Seniority will be defined as the length of uninterrupted continuous service as a certified an employee under regular contract in this districtthe Grandview Heights Schools. (1) Board . Board-approved leaves of absence and time on RIF will not interrupt seniority but time spent on such leave shall not count toward seniority. 2. Resignation, termination, non-renewal, and other leave not approved by the Board will interrupt seniority for purposes of reduction in force and recall. 3. If two (2) If two or more teachers have staff has the same length of uninterrupted continuous service, seniority will be determined by: a) The date of the board Board meeting at which the teacher employed was hired, ; and then by; b) The date the teacher signed his/her initial employment contract Th e c a s t in the district, and then by; c) Any remaining ties will be broken by lotg o f a lo t . c. 4. Recommended reductions in a teaching field classification will be made by selecting the lowest person lowest on the seniority list for in that area of certification who is currently assigned to classification being laid off first. An employee affected by a position RIF in that teaching field. A teacher so affected his/her classification may elect to displace a teacher bargaining unit member who holds has less seniority in a different classification with a lower position on a seniority list for another area of certificationpay scale, provided the employee who decides to bump into a classification other than his/her current one: a) Has the requisite qualifications for the other classification, as determined by the Superintendent. The Superintendent's determination, as to the qualifications necessary to bump, is not grievable. Any required certification/licensing for the position must be possessed at the time of the RIF for a qualified individual to bump into one of those classifications. b) A decision to bump into another classification or not to bump must be made at the time the employee is notified that he/she will be RIF'ed. A bargaining unit member who is certificated laid off from one classification and elects to bump into another classification is to be paid at the beginning step of the new classification and advance thereafter according to the experience in that second areaclassification, and forfeits recall rights as delineated below. 2. G. The names of teachers whose contracts bargaining unit members who are suspended in a affected by the reduction in force will shall be placed on a recall list for eighteen up to thirty-six (1836) months from the date of the reduction. Teachers Those on the recall list will shall have the following rights: a. Teachers 1. Staff on the recall list will be recalled in reverse order of seniority for the layoff or vacancies in areas for which they are certificatedtheir classification. b. 2. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, an attempt will first be made to consider the filling of such position from employees on the recall list. Employees on the recall list must be qualified for the position and shall fill the position as described in Section 4(a) above. 3. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, the Board will send certified announcements an announcement by first class mail to the last known address of all teachers each employee on the recall list who are is qualified according to these provisionstheir prior classification. 4. It is the teacheremployee's responsibility to keep the Board informed of his/her current address, qualification, and experience. All teachers are The Board shall not be held responsible for the employee's failure to comply with the provisions of this Section. Each employee is required to respond in writing by certified mail or by hand delivery to the district office as to whether or not the position will be accepted. The most senior qualified bargaining unit member who accepts the position in his/her old classification, or any new classification, and who responds in writing within ten (10) calendar days. The most senior days of those responding will be given mailing of any notification, shall receive the vacant position. Any teacher bargaining unit member who fails to respond by certified mail or personal delivery within ten (10) calendar days, or who accepts comparable employment elsewhere; or who declines to accept an offered position within the positionschool district, will shall forfeit all recall rights. c. A teacher 5. An employee on the recall list willlist, upon the acceptance of the notification to resume active employment statusa position, shall return to active employment status with the same seniority, accumulation of sick leave, vacation time, and salary schedule placement as he/she enjoyed at the time of layofflay off if employed in the same classification. If employed in a different classification, the employee must accept placement on the salary schedule as identified previously in Section 4(b). 36. The parties agree Where group insurance policies permit, an employee whose contract has been suspended may continue to participate in those benefits which are provided to those employees in active employment, provided that these the employee pays the total premium to the Board's Treasurer one (1) week prior to the date the Board normally pays the premiums to the company. 7. These procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease reasons as set forth in the first paragraph of fundsthis Article. This article Article shall not require the Board to fill any vacancy, vacancy nor shall it interfere with any other lawful personnel procedures practice in the district. H. Any employee who has been notified that his/her contract has been suspended shall have the right to: 1. Be informed of his/her position on the seniority list, if requested. 2. Be placed at the top of the substitute list according to seniority for first call, if requested. The GHESSA President will be sent a list of the names of employees who have been sent recall notices at the time of such recall meetings.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

REDUCTION IN FORCE. If A. The following reasons shall apply when the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply.certified staff positions: 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, Decline in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areastudent enrollment. 2. The names Return to duty of teachers whose contracts are suspended in regular bargaining unit members after leaves of absence. 3. Suspension of schools, or territorial changes affecting the district. 4. Financial reasons. B. To the extent possible, the number of bargaining unit members affected by a reduction in force will be placed minimized by not employing replacements for those employees who retire or resign. C. Reductions needed beyond those available by attrition, as mentioned in B, will be made by suspending contracts. The Superintendent shall give notice of intent to suspend contracts to the Association thirty (30) days prior to the Board action and to all bargaining unit members so affected thirty (30) days prior to Board action. The Association and superintendent shall confer on a recall list the reasons for eighteen such reduction within fifteen (1815) months from the date days of receipt of notice of the reduction. Teachers on Superintendent's intent to recommend such reduction to the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificatedBoard. b. If a vacancy occursD. A list shall be prepared and kept updated ranking all tenured bargaining unit members by seniority, the Board will send certified announcements to the last known address giving all areas of certification and present teaching assignment(s); then all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond non- tenured bargaining unit members in writing to the district office within ten (10) calendar days. The most senior by seniority, giving all areas of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightscertification and present teaching assignment(s). c. A teacher on the recall list will, upon acceptance E. Seniority shall be defined as continuous employment of the notification to resume active employment status, return to active employment status a bargaining unit member beginning with the same seniority, accumulation of first date the bargaining unit member reported for duty. Continuous employment shall include all time on sick leave, Board approved leaves of absence, military leave, disability retirement to a maximum of five years, and salary schedule placement as he/she enjoyed at all time during suspension if the time of layoff. 3bargaining unit member is reinstated. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 Seniority shall be lost when a teacher resigns or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures retires and is accepted in the districtretirement system.

Appears in 2 contracts

Samples: Master Contract Agreement, Master Contract Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the A. The number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made employees affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on kept to a recall list minimum by not hiring replacements, insofar as practical, of those employees who retire, resign, or otherwise leave a position. B. Whenever the Board determines that a layoff is necessary in a job classification for eighteen lack of work, lack of funds, transfer of property, or abolishment of positions, the following procedure shall be followed: 1. Thirty (1830) months calendar days prior to the effective date of layoff, the Superintendent shall post a listing containing the name(s), seniority level(s), and classification(s) of those employees to be laid off. Each affected employee and the Union President shall also receive written notice of layoff thirty (30) calendar days prior to date of layoff. 2. Employees shall be laid off according to seniority within the classification(s) of reduction. The Board shall first release limited contract employees in reverse order of their classification seniority and then release continuing contract employees in reverse order of their classification seniority. a. Classification seniority shall be defined as continuous District service within the classification calculated from the date of most recent appointment to the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificatedpresent classification. b. If a vacancy occursAuthorized leaves of absence do not constitute an interruption of continuous service. c. In the case of identical classification seniority, the Board will send certified announcements earlier date of application to the last known address of all teachers on District shall determine seniority rank. d. An employee being laid off who previously held and satisfactorily performed in a different bargaining unit classification may elect to displace the recall list who are qualified according to these provisionsleast senior employee in the prior classification with comparable hours provided the employee being laid off has more classification seniority in the prior position than the employee being displaced. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office This election must be made within ten (10) calendar daysdays after receiving a notice of layoff. The most senior displacing employee must be currently qualified to resume the duties of those responding will be given the vacant previously held position. Any teacher who fails to respond within ten (10) calendar daysFor purposes of this provision, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with “comparable hours” means either the same seniority, accumulation of sick leave, and salary schedule placement hours as he/she enjoyed at the time of layoffdisplacing employee has or hours that differ from the displacing employee’s hours by sixty (60) minutes or less. 3. The parties agree that these procedures apply only following classifications shall be used to determine classification seniority for reductions in force: x. Xxxx/Cashier e. Secretarial/Clerical b. Bus Drivers f. Custodial/Maintenance c. Mechanics g. Custodial/Sweeper d. Paraprofessionals h. Library Media Specialist 4. Laid off employees shall have recall rights to their job classification for twenty- four (24) months subsequent to the suspension effective date of contracts layoff. a. The Board shall recall employees to their job classification should vacancies arise for which he/she is qualified within the recall period according to classification seniority; i.e., inverse order of layoff. b. Notice of recall shall be sent to the Union President and the employee standing highest on the classification seniority list in the classification with the vacancy. Notices shall be sent to the employee’s last reported address. It is the employee’s duty to report address changes to the Board Treasurer in writing. c. An employee must notify the Board of his/her acceptance of the position for which he/she is recalled within fourteen (14) days after the mailing of the recall notice or he/she shall be considered to have waived his/her right to recall. d. An employee, upon recall, shall assume the same seniority level and sick leave accumulation that he/she had when laid off. e. If an employee is recalled to a position that has more or fewer regularly scheduled hours than the position from which the employee was laid off, the employee will have the option to refuse the position without extinguishing his/her recall right under O.R.C. 3319.17 or for decrease of fundsthe above provisions. 5. This article Nothing in this Article shall not require the Board to fill any vacancy. The Board shall be the sole determinant of whether a vacancy exists and whether or not to fill the vacancy. 6. Nothing in this Article prevents an employee on layoff from applying for a vacant position; however, nor shall it interfere with any other lawful personnel procedures in is understood that if such an employee applies for and is awarded a vacant position, his/her recall right under the districtabove provisions is thereby extinguished.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If 6.1 In the Board determines it event of a reduction in force, layoffs will be made within the Association. RIF shall be defined as a reduction in the work force beyond normal attrition. When a RIF is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsimplemented, the following procedures shall applyExecutive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to reasonably minimize the impact for the RIF. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended 6.2 Employees will be chosen as follows: a. All members of laid off on the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will shall be defined as the length of continuous service within the District as a certified employee under regular contract in this districtmember of the Association. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave 6.3 The District shall not count toward seniority. (2) If two or more teachers have provide the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on Association with a seniority list for another area by November 1 of certification, provided he/she is certificated in that second areaeach year. 2. The names of teachers 6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs. 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 contracts are suspended positions have been eliminated due to reductions in work force or who have been affected by a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will layoff shall have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas right to assume a position for which they are certificated.qualified, which is held by the least senior employee. Unused sick leave b. If a vacancy occurs, the Board will send certified announcements to the last known address 6.7 An employee transferred because of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of layoff may exercise his/her current addressseniority to return to a 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. All teachers are required In a normal budget cycle, if the School Board authorizes, then the date for notification to respond in writing 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 office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsas requested. c. A teacher on 6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffbargaining unit. 3. The parties agree that these procedures apply only 6.11 Laid off employees shall be recalled in reverse order of layoff to the suspension any position for which they are qualified. 6.12 RIF’d employees shall retain their seniority for purposes of contracts under O.R.C. 3319.17 or recall for decrease a period of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.two

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 1. The Board has the Board determines it is necessary exclusive authority to reduce determine the appropriate number of bargaining unit positions under O.R.C. §3319.17 certified employees. A reduction of certified employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members nature of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the liststudent population, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachersfinancial situation considerations, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaother legitimate business reasons. 2. The names A reduction of certified employees, other than administrators, will be done through normal attrition if possible. If normal resignations and retirements or the nonrenewal of non-tenured teachers do not meet the necessary reduction in the number of teachers whose contracts are suspended in required, the Board may terminate certified employees. 3. It shall be the responsibility of the Superintendent to make a recommendation for termination to the Board. When a reduction in force will takes place the least senior teacher shall be placed on laid off first, provided that the least senior teacher does not have experience and qualifications that are substantially greater than a recall list for eighteen (18) months from more senior teacher. If the date of the reductionless senior teacher has such experience and qualifications, a more senior teacher shall be laid off first. 4. Teachers on the recall list will have The Superintendent shall consider the following rightscriteria in order in making the recommendations. Criteria: a. Teachers Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing; b. Number of continuous years of service to the school district; c. Relative skills, ability and demonstrated performance. 5. Seniority List a. On or about December 1 of each school year, the School District shall cause a seniority list, (by name, date of employment, qualification, and certification), to be prepared from its records. It shall thereupon post such list in an official place in the school building. b. Any person whose name appears on such list, may disagree with the recall list will be recalled findings of the School District in terms of its listing of employees seniority. Such person shall have five (5) working days from the December 1 posting to supply written documentation, proof, and request for seniority change to the School District's Superintendent's Office. c. Within five (5) working days thereafter, the School District shall evaluate any and all such written communications regarding the order of seniority for vacancies contained in areas for which they are certificated. b. If a vacancy occurssaid list, and shall make such changes as the Board will send certified announcements to School District deems warranted. The final seniority list shall thereupon be prepared by the last known address of School District, and shall be posted in an official place in the school building. Such list shall be binding upon the District and all teachers on shown thereupon and shall govern the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed application of his/her current address. All teachers are required to respond Reduction in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsForce until thereafter revised. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If Section 1. The Association recognizes the Board determines it is necessary Board's right to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsAdministrative personnel. Section 2. For the purpose of this Article, the following procedures term "reduced" shall applymean the termination of an Administrator from a position within the bargaining unit. 1Section 3. Reductions Employment shall be made by written contract which is renewed for an additional one year period unless written notice of non-renewal of the suspending contract is given at least sixty (60) days before the termination date of contracts based upon the Superintendent's recommendationcontract. Section 4. Those contracts to Every year the Assistant Superintendent or designee will review the Administrative requirements for certification within the five (5) year window. After exhausting the five (5) year window, the individual without administrative certification and/or administrative requirements may be suspended will released. Section 5. An Administrator shall retain their tenure status as defined in the Michigan Tenure Act. Section 6. The sequence of Administrative personnel layoffs shall be chosen as follows: a. All members A. Any Administrator with an expired certification and/or who has not met administrative requirements. B. Has not met certification requirements. C. If a further reduction in Administrative staff becomes necessary, said reduction shall be accomplished by the Board's consideration of the following factors. Such consideration shall include, but not be limited to: - Years of administrative experience in the bargaining unit. - Annual administrative evaluations - Professional training and experience. - Other provisions as established by law. The Board decision and rationale shall be shared with all Administrators affected and the President of AOPSA. D. Release the Administrator. If an Administrator is released from their Administrative responsibilities and he/she has the highly qualified certification, he/she will be able to bump into the teacher's bargaining unit. Section 7. Administrators who have been reduced shall retain all accumulated sick leave. Section 8. The Board shall rescind letters sent to Administrators under Act No. 451 of the Public Acts of 1976, as amended (MCLA 380.247) as soon as sufficient information is available to warrant such action. Section 9. In the event that a member of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the listunit, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachersafter being reduced, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently subsequently re- assigned to a position in that teaching field. A teacher so affected may elect covered by this bargaining unit, they shall be re-assigned to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers next step on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed above that they held at the time of layoffreduction, provided, however, that such Administrator had completed a full year as an Administrator at the previous step. 3Section 10. The parties agree Effective 2010-11 any member of the XXXXX that these procedures apply only to serves in an interim position and becomes the suspension full time equivalent of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtposition will accrue seniority from that point forward.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce 4.01 A reduction in the number of bargaining unit positions under O.R.C. §3319.17 or for may be necessary because of decrease in fundsstudent enrollment, lack of work or financial conditions. 4.02 Reduction in force does not include: voluntary retirement(s), resignation(s), or leave(s) of absence: employees who were employed to fill a temporary vacancy; or other means, such as non-renewal of contract, whereby positions are vacated. Instead, Reduction in Force occurs when attrition will not eliminate enough persons or positions. In such cases, the Superintendent will include the levels and areas that might possibly be affected. 4.03 Ten (10) calendar days before the Board acts on a reduction in force, the Association President will be notified in writing by the school Administration. 4.04 The Board will suspend the contract of any employee affected by the reduction in force. A. Individuals shall be released from the job classifications announced by the Superintendent according to seniority in that job classification. B. Classification seniority is defined as an employee's length of last continuous service in the specific job while a bargaining unit employee. The following procedures shall apply.are the job classifications: 1. Reductions Custodians 2. Custodian/Maintenance 3. Bus Driver 4. Bus Mechanic 5. Cafeteria workers 6. Instructional Assistants 7. Secretaries In instances of both identical initial service dates in the District and identical date of employment by approval at the Board meeting a coin flip will be utilized to determine seniority unless otherwise mutually agreed. The coin flip will occur in the presence of the Association President, Superintendent and the affected employees. C. A seniority list by job classification provided by the Board shall be made submitted to the Association for their review by the suspending of contracts based upon the Superintendent's recommendationJanuary 15th. Those contracts Any correction that needs to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on to the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, must be provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar daysSuperintendent on or before February 1 of each year. The most senior Failure to object or request modification of those responding will be given the vacant position. Any teacher who fails seniority list by February 1 shall result in the waiver of any error, objection or challenge to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsseniority list until the publishing of the next seniority list in the following year. c. A teacher on the recall list will, upon acceptance D. The order of the notification reduction according to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement job classification seniority shall be as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.follows:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 Layoffs shall not occur because of the sub-contracting of bargaining unit work. The Board shall not use managerial, temporary, casual, seasonal and/or substitute employees for the purpose of reducing the bargaining unit and/or the unit employees scheduled hours and/or wages. 18.2 If the Board determines it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease employees in any job classification due to lack of funds, lack of work or job abolishment, such reductions shall be limited, as much as practical, by attrition. For the following procedures purpose of Reduction in Force, the classifications involved shall applybe head cooks, cooks, cafeteria worker/cashier, bus drivers, mechanics, custodians, maintenance/custodian, secretaries, and educational aides. 1. Reductions 18.3 In any classification provisional employees shall be made laid off first, followed by probationary employees. All layoffs shall begin with the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, least senior employee and continue in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending reverse order of seniority. b. Seniority will be defined as 18.4 In any classification regular employees shall laid off last beginning with the length least senior employee and continuing in reverse order of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. 18.5 In cases where more than one employee has identical seniority dates, system seniority shall determine the order of layoff. Where system seniority is also identical, evaluation by the Superintendent in consultation with the immediate supervisor shall determine the order of layoff. 18.6 Twenty days prior to the effective date of any layoff the Board shall prepare a list of names, classifications, and seniority dates of any employees to be laid off and shall post and list in all school buildings and the bus garage. 18.7 Each employee who will be laid off shall be given twenty days advance written notice, which shall include the following: A. Reason for the layoff. B. Effective date of the layoff. C. A statement advising the employee of reinstatement rights. 18.8 The layoff list for each classification shall be sent to the President of the OAPSE Local. 18.9 Any employee who is laid off under the above provisions shall maintain recall rights for a period of two (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months years from the date of the reductionlayoff. Teachers on the recall list will have the following rights: a. Teachers on the recall list will Employees shall be recalled in reverse order of seniority for vacancies in areas for which they are certificated. b. If a layoff, with the most senior employee recalled first. Notice of recall to any vacancy occurs, shall be sent to an employee by the Board will send by certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisionsmail. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within A laid off employee shall have ten (10) calendar days. The most senior work days from the date of those responding will be given receipt of such notice to accept or reject the vacant positionrecall. Any teacher who fails to respond within ten (10) calendar days, or employee who declines to accept recall shall be removed from the position, will forfeit list. A recalled employee shall be credited with all recall rightspreviously accumulated seniority. c. A teacher on 18.10 An employee scheduled for layoff in one classification, who holds previous seniority in another classification, shall have the recall list will, upon acceptance of right to bump the notification to resume active employment status, return to active employment status with least senior employee in the same seniority, accumulation of sick leave, and salary schedule placement as former classification providing he/she enjoyed at has greater seniority in that classification than the time of layoff. 3current least senior employee. The parties agree that these procedures apply only employee may not displace employees in a classification if the employee does not meet the minimum qualifications. The employee who elects to bump shall retain all rights to recall to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require position in which the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtlayoff occurred.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. Section 1. Seniority means an employee's length of service and shall be computed from the date the employee began regular, uninterrupted service with the Office of Public Instruction in a position covered by this Agreement. Temporary employees do not accrue seniority and are not part of the bargaining unit. For the purposes of this Article, full-time status is defined by the employee’s position and not the schedule arranged with the supervisor. Subsection 1. Seniority shall cease to accrue during a leave without pay in excess of 60 working days, or upon a permanent transfer out of the bargaining unit, and shall be revoked upon voluntary termination, retirement, or discharge for cause. When an employee returns to the bargaining unit from an approved leave or transfers into the bargaining unit from a position within the OPI, seniority shall begin to accrue at the point when the employee returns to the bargaining unit and shall include all previous time earned within the bargaining unit. Subsection 2. Service time in a position in the OPI prior to the first Collective Bargaining Agreement on May 11, 1981, shall be counted towards an employee's seniority. Subsection 3. On January 1, of each year, and upon request from the Association Chapter President, the Employer shall give a list of all OPI bargaining unit members and their seniority status to the Association Chapter President. Disputes concerning the seniority roster must be raised within 30 calendar days of delivery of the roster, or it shall be considered correct. Subsection 4. If a Reduction in Force (RIF) is necessary, the Board employee should be counseled as much as possible in advance, by OPI management personnel, of the anticipated action, available options and reasons for the layoff. When 25 or more employees are affected, notice must be at least 60 days prior to the RIF. When the RIF affects less than 25 employees, notice must be at least 14 days prior. Job profiles are available from the human resources manager upon request. Section 2. When the Employer determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsemployees, the following procedures shall apply. 1Employer will identify the targeted position(s). Reductions The Employer will determine minimum qualifications for each targeted position based on the current job profile. The determination as to whether the employee electing to bump meets the minimum qualifications of the current job profile shall be made by the suspending of contracts based upon the Superintendent's recommendationon an updated resume. Those contracts The affected employee(s) may then elect to be suspended will be chosen as follows: a. All members of bump other employees with less seniority in the bargaining unit using the following procedure: 1) Bump the least senior employee in the same O-NET job group and pay band for which the RIF’d employee meets the minimum qualifications for that position; if this is not possible, then, 2) Bump the least senior employee that is in the same band for which the RIF’d employee meets minimum qualifications for that position; if this is not possible, then, 3) Bump the least senior employee in the same O-NET job group and next lower pay band for which the RIF’d employee meets the minimum qualifications for that position; if this is not possible, then, 4) Bump the least senior employee that is in the next lower band for which the RIF’d employee meets minimum qualifications for that position. Steps 3 and 4 repeat through the lowest pay band. If this is not possible, then, 5) Bump any temporary position in the any pay band for which the RIF'd employee meets minimum qualifications for that position (the employee loses permanent status and accrued seniority). Subsection 1. An employee wishing to exercise bumping rights shall notify the human resources manager, in writing, of the position the employee wishes to bump into within 10 working days or a reasonable period of time mutually agreed upon by the employee and Employer, after receiving written notification of the RIF. The employee must also submit an updated resume. Subsection 2. All permanent part-time employees are covered by the same language listed in Article 12, with the understanding that permanent part-time employees’ rights are connected and confined to other permanent part-time positions. For example, an employee in a permanent part-time position cannot use the employee’s seniority status to replace a less senior employee unless that employee is also in a permanent part-time position. An employee in a full-time position may not replace a less senior employee in a part-time position. Section 3. If the layoff is anticipated to last longer than 15 working days, the employee shall be terminated. Upon termination, due to a RIF, the employee may cash out accumulated annual leave, sick leave and retirement contributions, or the agency may allow the employee to maintain accumulated annual leave and sick leave for the preference/reinstatement period of one calendar year from the effective date of layoff, even though terminated. A laid off employee who elects to retain sick leave, annual leave or both may subsequently submit a written request to cash out the leave at any time during the one-year reinstatement period or the State Employee Protection Act benefit period. At the end of the State Employee Protection Act benefit period, provided the employee elected these benefits, the agency must cash out all leave balances and effectively terminate the employment relationship. Subsection 1. The most senior employee on layoff status who possesses the qualifications as discussed above will be placed offered open positions as they become available before less senior employees on layoff status. Any laid off employee who refuses a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top recall offer or offer of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned reinstatement to a position of the same or higher classification than the position the employee held when laid off, will lose reduction in that teaching field. A teacher so affected may elect force rights to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second arearecall or reinstatement. Subsection 2. The names Employer will notify employees being recalled of teachers whose contracts are suspended available positions in a reduction in force writing by certified mail. If an employee fails to respond to the notice of recall or an offer of reinstatement within 5 calendar days of receiving the notice, the employee will be placed on a recall list for eighteen (18) months from considered to have forfeited the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements employee’s right to the last known address of all teachers on the recall list who are qualified according return to these provisionswork. It is shall be the teacheremployee's responsibility to keep the Board informed Employer notified of his/her the employee’s current address. Subsection 3. All teachers are required to respond privileges and benefits extended by this rule terminate at the end of the one-year preference/reinstatement period. Section 4. At all stages of the RIF process, the following pay protection shall be in writing to place for employees: 1) If the district office within ten (10) calendar days. The most senior of those responding entry level salary for the new position is greater than the employee’s current salary, the employee will be given paid at the vacant entry level for the new position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on 2) If the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with new position is in the same senioritygroup and pay band, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffemployee will maintain the employee’s current hourly pay rate. 3) If the entry level for the new position is less than the employee’s current salary, the employee may maintain the employee’s current market ratio up to 100% of market. Subsection 1. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article Layoff shall not require be used as an alternative to discharging an employee for cause or disciplinary purposes. Unsatisfactory employees should be terminated subsequent to complete and appropriate evaluation, review and documentation. If an unsatisfactory employee is laid off without appropriate evaluation, review and documentation, the Board to fill any vacancy, nor shall it interfere with employee must be treated the same as any other lawful personnel procedures in the districtlaid off employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §ORC 3319.17 or for decrease in fundsfinancial reasons, the following procedures shall apply: X. Xxxxx to proceeding with an anticipated staff reduction, the Association President shall be notified by the Superintendent of the Board's intent to consider a staff reduction not less than four (4) months prior to the date the Superintendent is recommending a reduction to the Board of Education for action. A meeting shall be held between the President of the Association and the Superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Within ten (10) days of the meeting, the Superintendent shall provide the Association with a RIF list of potentially affected positions/employees which shall be based on certificate/license, OTES 2.0 final summative rating, and seniority. 1. B. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. 1. Position(s) vacated as a result of voluntary resignation, retirement, or death will not be filled. 2. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. 3. Seniority will be defined as the length of continuous service as a certified certificated employee under regular contract in this districtDistrict. (1) a. Board approved leaves of absence will not interrupt seniority seniority, but time spent on such a leave shall not count toward seniority. b. If two (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The : - the date of the board Board meeting at which the teacher was hired, and then by; b) The by - the date the teacher signed his/her initial employment contract in the districtDistrict, and then by; c) Any then; - any remaining ties will be broken by lot. c. 4. Recommended reductions in a teaching field will be made by selecting the lowest person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided . Any such election must be made at the time the teacher is notified he/she is certificated in that second areawill be affected. 25. An employee whose contract is to be suspended due to a RIF shall be given thirty (30) days’ advance written notification prior to the implementation of the RIF. The Association shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the date of the Employer’s action to implement the RIF. C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for up to eighteen (18) months from the date of the reductioncontract suspension. Teachers on the recall list will have the following rights: a. 1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the vacancy. 2. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. 3. If a vacancy occurs, the Board will send a certified announcements announcement to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district District office within ten seven (107) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten seven (107) calendar days, or who declines to accept the position, will forfeit all recall rights. c. 4. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 35. Every possible effort will be made to recall all properly certificated employees as positions become available within eighteen (18) months. 6. Recognition of additional certification, license, or entry-level requirements earned or reported while on layoff status for recall purposes, provided such information is filed with the Employer prior to recall. 7. The right to priority status on the substitute list, upon request. Names from such requests will then be communicated to the Board staffing service. D. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of fundsfinancial reasons. This article Article shall not require the Board of Education to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtDistrict.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If District retains the Board determines it is necessary right described in NRS 288.150(3)(b) to reduce in force or layoff any employee because of a lack of work or lack of money, as determined by the District, subject to the procedures described in this article. In the case of a personnel reduction and/or a reduction of services, due to the lack of work or lack of money, the employee with the least seniority shall be laid off first. All reduction in force shall be established by seniority in the Department. Departmental seniority shall be established from Article 50. Employees shall be recalled in the order of their seniority. No new employee shall be hired until all laid-off employees have been given opportunity to return to work. 1. The District shall notify the Union of the need to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of employees who are on payroll within the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at least ninety (90) days before the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The effective date of a layoff. Such notice shall be given in writing addressed to the board meeting at Union by certified mail. The notice shall disclose the number of positions affected, the rank or classification of each position so affected, and the division or divisions, if any, which are to be affected. Immediately after issuing the notice, the District shall give the Union a reasonable period of time, of no less than thirty (30) days, within which it shall meet and negotiate. The District shall respond to any proposals, which the teacher was hired, and then by; b) The date Union may make in response to the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area subject matter of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areanotice. 2. The names Each employee who is to be reduced in rank or laid off as a consequence of teachers whose contracts are suspended in a reduction in force will or the disbandment of any division shall be placed on given written notice, at least sixty (60) days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him or her. The notice shall state the reasons for the action, and any rights, which the employee may have under the Department Policies and Procedures or this agreement with regard to his or her employment. A copy of the notice also shall be delivered to the Union. 3. In the event that a recall list reduction in force results in the need for eighteen (18) months a redistribution of employees from superior ranks to lesser ranks, such reductions in ranks shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion. 4. An employee who is laid off shall be paid for all accrued time in accordance with this agreement. 5. All employees who are reduced in rank or laid off shall not suffer any loss in benefit or entitlement accrued proper to the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursaction, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar dayse.g., or who declines to accept the positionholidays, will forfeit all recall rights. c. A teacher on the recall list willvacation, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick personal leave, pension, and salary schedule placement as he/she enjoyed overtime, earned, accumulated and unused at the time of reduction in rank or layoff. 36. Each employee who is bumped out of rank or classification shall, in turn, be reduced only one rank, to the rank or classification immediately junior. This shall not pertain to layoffs, which shall be consistent with District seniority rights. 7. The parties agree employee shall receive the maximum salary for the lower grade. If the current salary is less than the maximum of the lower grade, the employee shall receive the closest salary rate of the lower grade. 8. No employee shall be promoted in a class where a demotion occurred due to a Reduction in Force until those who were demoted are offered positions in that these procedures Class. 9. For the purpose of this article, employee is representative of those non- supervisory, supervisory, and emergency support personnel covered under Article 2 of this agreement. 10. In the event the District determines that it will offer employees incentives for voluntary, early separations of service or retirement, the District shall establish the criteria for eligibility and the amount of such incentive. Employees who elect to accept such offers may accept the incentive as a lump sum payment, and/or apply only the incentive towards PERS credit purchases. 11. In the event a management level position such as Battalion Chief or other position outside of the positions represented by Local 3895 is eliminated and results in a layoff of those personnel, the affected person shall have the right to return to his/her previously held position provided they were promoted out of Local 3895 and not hired from the suspension outside. Upon returning to said position, the class seniority shall be set at the same amount of contracts under O.R.C. 3319.17 time that existed upon last occupying such position. Any seniority that was accumulated in a management level position shall be excluded from the class seniority for the re-occupied position. In no event shall this provision be utilized to circumvent a disciplinary demotion or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtvoluntary demotion.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 5.01 When the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundspositions, the procedures and principles set forth in R.C. 3319.172 will be utilized. A Reduction in Force may occur for the following procedures shall apply.reasons: 1. Reductions A. Decline in student enrollment in the District or a particular program/class; B. Return of an employee from a leave of absence; C. Suspension of schools or territorial changes affecting the District; D. Financial reasons; E. Job abolishment (which could include the closure of one or more school buildings); 5.02 The following classifications shall be made by used for the suspending purpose of contracts based upon defining classifications in the Superintendent's recommendation. Those contracts event of a layoff: Bus Drivers Head Custodian Custodians Mechanics Head Maintenance Maintenance 5.03 Within each classification affected, the Superintendent will give preference first to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving employees under continuing contracts and then employees will be placed at laid off by classification seniority, with the top of the list, in descending order of seniorityleast senior employee laid off first. Teachers serving limited contracts will be placed on the list under continuing Continuing contract teachers, also in descending order of seniorityemployees shall have recall rights as authorized by law. b. Seniority will be defined as 5.04 In the length event of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will force, the Board shall notify the union at least fourteen (14) calendar days before the reduction takes effect. Within ten (10) calendar days of such notification, a meeting may be placed on a recall list for eighteen (18) months from scheduled at the date request of the Union to discuss the reduction. Teachers In the event of a recall, the union will be notified as soon as possible. Advanced notice of a reduction shall not be required in the event of a reduction caused by an employee returning from a leave of absence. 5.05 An employee whose name appears on the recall list will have the following rights: a. Teachers on the recall list will shall be recalled offered re- employment in order of system seniority for vacancies when a position in areas the bargaining unit becomes available that the laid off employee has previously held and for which they are certificated. b. If a the laid off employee is qualified, as determined by the Superintendent. Written notice of such vacancy occurs, the Board will send shall be sent by certified announcements mail to the employee's last known address of all teachers on the recall list who are qualified according to these provisionsaddress. It is the teacheremployee's responsibility to keep the Board informed of his/her current addressaddress on file with the District for this purpose. All teachers are required If the employee fails to respond accept re-employment, in writing to the district office writing, post-marked within ten (10) calendar days. The most senior days from the date of those responding the notification or attempted delivery, said employee will be given deemed to have rejected the vacant positionoffer and will be removed from the RIF list. Any teacher who fails to respond within ten Employees shall remain on the RIF list for twenty-four (1024) calendar days, or who declines months from their last day of active service unless they fail to accept the position, will forfeit all recall rightsor waive their recall rights in writing prior to that time. c. 5.06 A teacher continuing contract employee who is laid off shall not lose the right of restoration to continuing contract service status by reason of having declined recall to a position requiring fewer regularly scheduled hours of work than required by the position the employee last held while employed by the Board. Employees on the recall list willmay accept substitute positions without prejudice to their standing on the recall list if such employee is qualified to perform the substitute work, upon acceptance as determined by the Superintendent. Such employees will be given priority over other substitutes. 5.07 The Board will provide the Union Business Agent with a seniority list by October 30 of each school year. The list will include hire date and the type of contract (limited or continuing) held by the employee. Employees and/or the Business Agent shall have thirty (30) days to contest any inaccurate information contained on the seniority list. If no adjustments are necessary, the seniority list will be final until November 30th of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layofffollowing school year. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Master Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 1. All classifications specified in Article 1, §A [2] shall be used for the purpose of defining seniority in the event of a reduction in force. 2. When by reasons of decreased enrollment, reduction of workload, return of employees from Board-approved leaves of absence, or for economic reasons, the Board determines it is necessary to reduce makes reductions in the number of bargaining unit positions under O.R.C. §3319.17 employees; the Board shall proceed in accordance with the recommendations of the Superintendent or for decrease designee. 3. Prior to a reduction in fundsforce, the following procedures Superintendent or designee shall applymeet with the Union. The Board shall provide the Union with financial statements and rationale when the reduction in force is due to economic reasons. 14. Reductions The Board shall determine in which classifications the layoff will occur and the number of employees to be laid off. The affected employees shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, laid off in descending inverse order of seniority. Teachers serving limited contracts Authorized leaves-of-absence do not constitute an interruption in continuous service, but an employee does not continue to accrue seniority while on an unpaid leave of absence. In the case where affected employees' have identical seniority, seniority shall be determined in the following order: a. First contracted day on the job; b. Date of Board meeting at which each employee was hired; x. Xxxx of the District's receipt of the completed and signed employment application. If, after the forgoing, the employees still have equal seniority, the Board and Union shall within 10 days notice of reduction in force mutually agree upon a tiebreaker decision. 5. Employees may displace a less senior employee in another classification if they have held a position previously in that classification and hold more seniority in that classification. The employee shall be placed on the same step of the new, appropriate salary schedule. 6. Thirty days prior to the effective date of layoff, the Superintendent or designee shall provide to the Union President a list indicating which employees are to be laid off. This list shall contain the name, seniority dates, and classifications of the affected employees. Each employee to be laid off shall be given written notice of the layoff after the list is presented to the Union President. Each notice of layoff shall indicate the following: a. Reasons for the layoff; b. Effective date of layoff; c. A statement advising the employee of his rights of reinstatement from the layoff. 7. Displacement (Bumping) Procedures a. An employee affected by such reduction in force may displace (bump) a less senior employee based upon the following criteria. i. Within the same classification. ii. Within another classification provided, however, that he had held that position previously and has more overall seniority. b. A meeting will be held with all affected employees in which the displacement (bumping) will take place. c. Written notice of this meeting shall be provided to the affected employees five days prior to its being scheduled. d. Affected employees who choose not to attend the meeting will receive their new job assignment by mail. 8. The Board shall prepare a recall list by classification. The name of each laid off employee shall be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified . An employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers name appears on the recall list will shall be offered reemployment, in writing, when a position in the classification becomes available after the provisions of Article 7 have been implemented and before any other employee with less seniority or before any new employee is hired for the following rights:position. a. Teachers 9. The Board shall provide notice of recall by certified mail to the last address given by the employee to the Board. It shall be the responsibility of the employee to keep the Board advised, in writing, of his current mailing address. An employee who fails to accept or respond to a recall notification within 10 days of delivery shall be removed from the recall list. 10. Employees on the recall list will be recalled in order shall remain eligible for reemployment for a period of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurstwo years from the effective date of layoff. Employees, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according offered reemployment but decline, forfeit further rights to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsrecall. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If ‌ 6.1 In the Board determines it event of a reduction in force, layoffs will be made within the Association. RIF shall be defined as a reduction in the work force beyond normal attrition. When a RIF is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsimplemented, the following procedures shall applyExecutive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to reasonably minimize the impact for the RIF. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended 6.2 Employees will be chosen as follows: a. All members of laid off on the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will shall be defined as the length of continuous service within the District as a certified employee under regular contract in this districtmember of the Association. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave 6.3 The District shall not count toward seniority. (2) If two or more teachers have provide the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on Association with a seniority list for another area by November 1 of certification, provided he/she is certificated in that second areaeach year. 2. The names of teachers 6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs. 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 contracts are suspended positions have been eliminated due to reductions in work force or who have been affected by a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will layoff shall have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas right to assume a position for which they are certificated.qualified, which is held by the least senior employee. Unused sick leave b. If a vacancy occurs, the Board will send certified announcements to the last known address 6.7 An employee transferred because of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of layoff may exercise his/her current addressseniority to return to a 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. All teachers are required In a normal budget cycle, if the School Board authorizes, then the date for notification to respond in writing 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 office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsas requested. c. A teacher on 6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffbargaining unit. 3. The parties agree that these procedures apply only 6.11 Laid off employees shall be recalled in reverse order of layoff to the suspension any position for which they are qualified. 6.12 RIF’d employees shall retain their seniority for purposes of contracts under O.R.C. 3319.17 or recall for decrease a period of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.two

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 17.1 The District shall meet with the Board determines it is necessary Association at the earliest possible opportunity to reduce discuss any proposed reduction in force and the number parties shall make a good faith effort to prevent any reduction in force from occurring, as well as any means to minimize any potential impact of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1a reduction. Reductions Employees shall be made by laid off in the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending inverse order of seniority, unless in the opinion of the District a review of the background, skill, and experience of the employees together with the immediate and anticipated needs of the District and other factors provide a good and sufficient reason for the layoff of an employee other than the one(s) with the least amount of seniority. Teachers serving limited contracts Probationary employees will be placed on terminated first. 17.2 Recall of paraprofessionals shall be in the list under continuing contract teachers, also in descending inverse order of seniority. b. Seniority will their layoff. Any paraprofessional who is laid off will, if recalled, be defined entitled to all the benefits to which he/she was entitled prior to layoff, including, but not limited to, unused accumulated sick leave, seniority and position of the salary schedule. To the extent possible, said offer shall contain the same number of hours and/or similar responsibilities as the unit member's former position. Such offer shall not be subject to Article 7. Paraprofessionals who are laid off shall be entitled to recall rights of twice their length of continuous service as to a certified employee under regular contract in this district. (1) Board approved leaves maximum of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. two (2) If two or more teachers have years. 17.3 Paraprofessionals, upon receipt of notification of being laid off, shall notify in writing the same length Superintendent of continuous servicetheir intentions regarding recall. In stating their intentions to be recalled, seniority they should include an expeditious means of contact, especially in the summer months. Positions that may from time to time be created will be determined by: aoffered to paraprofessionals in the order as mentioned in 17.2 above. Paraprofessional(s) The will be contacted by registered letter and/or telephone information using the information as outlined in the paraprofessional’s letter of intention. If the paraprofessional does not accept the offered paraprofessional position within five (5) business days of the date of the board meeting at which the teacher was hiredwritten notice, and then by; b) The date the teacher signed his/her initial such paraprofessional's employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest shall terminate on the seniority list for that area of certification who is currently assigned to a position date set forth in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided such notice and he/she is certificated in that second areashall forfeit recall rights as provided herein. 2. The names of teachers whose contracts are suspended in 17.4 In the event that a reduction in force Title I position is to be filled by recall, the Superintendent will be placed on mandated to offer the position to the first paraprofessional that carries a recall list for eighteen (18) months from “Highly Qualified” status. In the date of event that the reduction. Teachers first paraprofessional on the recall list is not “Highly Qualified”, the Superintendent will have continue down the following rights: a. Teachers list until such time that a paraprofessional of “Highly Qualified” status is reached. At this point, provisions of 16.3 above will apply; as such, in the event that the paraprofessional refuses the Title I position, such paraprofessional's employment shall terminate on the recall list will be recalled date set forth in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, such notice and salary schedule placement as he/she enjoyed at the time of layoffshall forfeit recall rights as provided herein. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If 5.01 When the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundspositions, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended and principles set forth in R.C. 3319.172 will be chosen as followsutilized. Notwithstanding any provision to the contrary in R.C. 3319.172 and/or R.C. 124.321- .328, a Reduction in Force may occur for the following reasons: a. All A. Decreased enrollment of students in the District or a particular program/class; B. Return to duty of classified staff members of in the bargaining unit after leaves of absence; C. Suspension of schools or territorial changes affecting the District; D. Financial reasons. In the event of a layoff, the Board shall notify the Union at least thirty (30) calendar days before any layoffs take effect. Within ten (10) calendar days of such notification, a meeting shall be scheduled between the Union and the Board to notify the Union of the reasons for the layoff, the affected Unit Members and the date of the layoff. In the event of a recall, the Union will be placed on notified as soon as possible. 5.02 The following classifications shall be used for the purpose of defining classifications in the event of a seniority list for layoff: Bus Drivers 5.03 Within each teaching field for which they are properly certificated/licensed. Teachers serving classification affected, the Superintendent will give preference first to employees under continuing contracts and then employees will be placed at laid off by classification seniority, with the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityleast senior employee laid off first. b. 5.04 For purposes of this Article 5, Seniority will be defined as the shall mean an employee’s uninterrupted length of continuous service as a certified regular employee under regular contract of the Board in this district. (1) that classification. Board approved leaves do not constitute an interruption in length of absence will not interrupt seniority but time spent on such leave shall not count toward seniorityservice. (2) If two or more teachers 5.05 Continuing contract employees shall have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken recall rights as authorized by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2law. The names of teachers whose contracts are suspended in the laid off employees with a reduction in force will continuing contract shall be placed maintained on a recall list. Vacancies shall be filled by order of seniority from the recall list for eighteen twenty-four (1824) months months. An employee whose name appears on the recall list shall be offered re- employment in order of classification seniority when a position in the bargaining unit becomes available that the laid off employee has previously held and for which the laid off employee is qualified, according to these provisions. Qualified laid off unit members must be recalled to such a vacancy before the position can be filled by a new hire. Written notice of such vacancy shall be sent by certified mail to the employee’s last known address, and copy the Union Xxxxxxx and Business Agent on the certified announcement. It is the employee’s responsibility to keep his/her current address on file with the District for this purpose. If the employee fails to accept re-employment, in writing, post-marked within fourteen (14) calendar days from the date of the reduction. Teachers on notification or attempted delivery, said employee will be deemed to have rejected the offer and will be removed from the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant positionlist. Any teacher unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.fourteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. The language in this Article is intended to supersede Ohio Revised Code Section 3319.172, to the extent permitted by law. B. If the Board determines decides it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease members in fundsa job position category, the following procedures shall apply.procedure will govern such layoff and reinstatement: 1. Reductions The number of people affected by Reduction In Force shall be made kept to a minimum, as much as possible, by attrition. 2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the suspending job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of contracts based upon continuous service with the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit will during any period of such service, seniority shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at computed from the top first date of uninterrupted service with the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but District by accumulating only time spent on such leave shall not count toward seniority. (2) in the bargaining unit If two or more teachers bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by:; a) a. The date of the board Board meeting at which the teacher bargaining unit member was hired, ; and then by; b) b. Selecting a number from a container with each number representing a different employee. The date first number selected will be the teacher signed his/her initial employment contract in most senior and the districtnext number selected will be the next most senior, and then by; c) Any remaining so forth, until all ties will be broken by lot. c. Recommended reductions in a teaching field seniority are broken. The selection will be made by selecting the person lowest on Administration with a representative of the Association present. Authorized leaves of absences do not constitute an interruption in continuous service. 3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list for that area of certification who is currently assigned provided, any objection to a position in that teaching fieldthe list must be presented. A teacher so affected may elect to displace a teacher who holds a lower position on a If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority list for another area of certificationdates, provided he/she is certificated in that second areaas published. 24. The names Board shall determine in which job position category the layoff should occur and the number of teachers whose contracts are suspended in bargaining unit members to be laid off. Except for a reduction in force will be placed on RIF involving a recall list for eighteen (18) months return from the date a leave of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursabsence, the Board will send certified announcements give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, after Board action, each member to be laid off shall be given thirty (30) calendar days advance written notice stating the effective date of the intended layoff. The Board may pay an employee in lieu of notice. 5. Bargaining unit members who are subject to lay-off, may displace the least senior member in another job position category, providing the following conditions are met: a. The job position category must be a lower paying job position category in the job family (i.e., a maintenance employee could bump a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is displacing that employee; or b. The job position category must be a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee. c. The bargaining unit member must be willing to accept the pay scale of the job position category. 6. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff. If the employee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the last known address level of all teachers time the employee was working before the layoff. 7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the affected job position category. 8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the recall layoff list who are qualified according to these provisionsbefore the next person on the list may be considered. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within Members shall have ten (10) calendar daysdays from the date of mailing to respond. The most senior Notification of those responding will acceptance or refusal should be given presented to the vacant Superintendent, in writing; however, failure to respond at all shall be considered refusal of the position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept It is the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance responsibility of the notification involved member to resume active employment status, return to active employment status with advise the same seniority, accumulation Board of sick leave, and salary schedule placement as an address where he/she enjoyed at can be reached. Any member who declines reinstatement shall be removed from the reinstatement list, and the Board shall have no further obligation to the member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in removal from the reinstatement list. Notice of the vacancy or reinstatement shall be by certified mail. 9. The bargaining unit member's name shall remain on the appropriate reinstatement list for a period of two (2) years from the effective date of layoff. 3. The parties agree that these procedures apply only If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to salary and fringe benefits. Time spent on layoff shall not count as experience for seniority or salary purposes. All Bargaining unit members laid off shall be subject to the suspension provisions of contracts under O.R.C. 3319.17 or for decrease the Consolidated Omnibus Budget Reconciliation Act of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district1986.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. 1. For the purpose of this article, seniority is the length of consecutive employment as an employee of the Stoneham School Committee, including time spent on leave of absence authorized by this Agreement or by the School Committee. An employee will lose his/her seniority for the following reasons: a. He/she terminates his/her employment b. He/she is discharged c. He/she is laid off and not recalled within eighteen (18) months d. He/she takes an unauthorized leave of absence for five (5) consecutive days Time lost as a result of suspension will not constitute a break in seniority but will subtract from it. 2. If the Board determines it is necessary Committee decides to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease held by persons covered by this contract, such reduction shall be consistent with Massachusetts General Laws Chapter 71, Section 41, as amended, and the regulations of the State Board of Education appurtenant thereto and this Agreement. If the Committee decides that reductions in fundsstaff are necessary, the following procedures shall apply. District will attempt to meet its needs first through attrition. A seniority list will be compiled normally by October 15 of each school year. A copy will be posted in each school building and a copy will be given to the co-chairpersons and Association president. Persons covered by this contract will have until December 1 to verify existing information. On or before December 1, the Association will submit to the Superintendent a list of disputed items on said list. Reductions The parties will sign off on the agreed upon seniority list on or before December 15. The senior person on layoff who is qualified to fill a permanent vacancy in an area in which he/she held seniority at time of layoff (including seniority in an area from which the person was previously bumped) will be recalled first. The Stoneham School District will not hire from the outside to fill any vacancy so long as employees who meet the criteria of the preceding sentence retain recall rights. Recall rights shall be made retained for eighteen months from the effective date of layoff unless sooner terminated under the following subsection. Recall rights shall terminate with a rejection of a recall offer. Recall rights shall terminate unless within seven (7) calendar days after receipt of 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 suspending Office of contracts based upon the Superintendent's recommendationSuperintendent of Schools and shall be deemed to have been received not more than four calendar days following date of posting. Those contracts Upon recall, all rights of the Agreement and benefits to be suspended which a person was entitled at the time of his/her layoff commenced, including unused accumulated sick leave, will be chosen as followsrestored to the person upon his/her return. In addition: a. All members A recalled person shall advance to the next step of the salary schedule upon being recalled. b. A person who exercises his recall rights and resumes employment in the Stoneham Public Schools shall be credited with all benefits and privileges that he was entitled to as of the date of the layoff. c. A recalled person will be assigned to 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 from which the person was laid off, the person is qualified to fill the recall position. 3. If the Superintendent determines that the most senior individual to be recalled does not possess the required qualifications for the vacant position, the reasons for that determination shall be given in writing to the individual with a copy to the union president. Such determination shall not be subject to the grievance and arbitration process. 4. This article does not apply to probationary employees. 5. The Committee will establish, maintain and provide to the Association lists of the bargaining unit employees and personnel set forth above in Section 3, according to their employment dates. For the purposes of seniority only, part-time and school year cafeteria personnel’s length of service will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityprorated accordingly. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If In the Board determines event it is becomes necessary to terminate or reduce the number hours of bargaining unit positions under O.R.C. §3319.17 an employee due to economic cause, declining enrollment or for decrease in fundsreorganization, the following procedures shall procedure will apply.: 1. Reductions A determination by the Committee that a reduction in force shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areamade. 2. The names Committee shall be the sole judge of the numerical extent of the reduction. 3. The Administration will determine which subject, grade level, position, or areas will be affected. 4. The Administration will determine the number of hours a teacher would work pursuant to this Article. a. That teachers employed at the discretion of the Committee shall have the protection accorded them by the General Laws, when and if applicable; and b. Any professional employee whose contracts position is eliminated shall: 1. Be transferred to an open position for which he/she is certified or if this is not possible, then; 2. Replace an employee with lower seniority teaching in any position for which the more senior employee is certified. 5. Seniority is measured in terms of a teacher’s length of continuous service in years, months, and days from their last date of employment by the School Committee. Teachers shall be credited for Seniority purposes with all time spent on any leave of absence provided for in this Agreement. 6. Cases of identical seniority shall be resolved by granting preference to the teacher with the highest academic degree as of October 1st of the current academic year. 7. The Superintendent will provide a seniority list of teachers, in writing, annually to the Association. The list shall be made available to the Association within forty-five (45) days of the execution of the Agreement and updated annually thereafter. Challenges to the list must be made, in writing, to the Superintendent within fifteen (15) days after the said list is received by the Association. If there are suspended no challenges, the list shall stand for the full school year and the next annual list is established. 8. When layoff action occurs, the Association shall be notified, in writing, of all the teachers on layoff. 9. The Association shall be notified, in writing, within ten (10) days, of all the open positions as they occur and of any recall action taken by the District. In applying the criteria set forth in this article, the School Committee will not act in an arbitrary or capricious manner nor without sound basis in fact for their decision. Teachers who are to be affected by a reduction in force will staff must be placed on notified in writing. Said notice shall include the reason for the layoff. Teachers who have been laid off under the provision of this paragraph shall be entitled recall tights for a recall list for period of one and half (1.5) years or eighteen (18) months from the date ending with January 1 of the reductionsecond year. Teachers on During the recall list will have the following rights: a. Teachers on the recall list will period, teachers shall be recalled in order notified by certified mail to their last address of seniority record, and given preference for vacancies in areas positions for which they are certificated. b. If a vacancy occursqualified and certified in which the position is to become available. As positions develop, teachers will be hired back taking into consideration the Board will send qualifications of the teacher, past evaluations, and the needs of the school. All benefits to which teacher was entitled at time of layoff shall be restored upon re-employment within the recall period. During the recall period, teachers who have been laid off shall be given consideration substitute work for which they are qualified and certified announcements at substitute pay, if they so desire. Except for the method of layoffs of employees covered by this Article, nothing contained in the article shall in any way limit or restrict the School Committee in the exercise of its rights and responsibilities under Chapter 71 or any other applicable section of the General Laws of Massachusetts including but not limited to the last known address of all teachers on the recall list who are qualified according right to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar daysdismiss, layoff, or who declines to accept otherwise terminate the position, will forfeit all recall rights. c. A services of a teacher on serving or not serving at the recall list will, upon acceptance discretion of the notification to resume active employment status, return to active employment status Committee in accordance with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 Chapter 71 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in applicable statue of the districtGeneral Laws.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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REDUCTION IN FORCE. If A. When the Board determines that it is will be necessary to reduce the number of teachers because of decreased enrollment, territorial changes affecting the district, return to duty of regular teachers after leave of absence, or financial reasons, a reasonable Reduction In Force (RIF) may be made. A RIF may only occur at the end of a school year except in the case of financial reasons which may occur at any time. B. The Superintendent shall notify the Association of the reasons for any anticipated staff reductions. The Association President or Co-Presidents will be provided with the following prior to the Board acting on his/her RIF recommendation: 1. The provisions of Article 10 – Seniority, Section (E), including providing information to the Association President or Co-Presidents/designee shall be followed. The seniority list provided for in Article 10 – Seniority, Section (E) shall include contract status of all bargaining unit members, teaching field, total years of service in the bargaining unit and all areas of certification. 2. For purposes of reduction in staff, any and all certificated/licensed teachers who are certified/licensed in more than one area of certification/licensure shall be placed on each and every seniority list for which they have proper certification/licensure. 3. The Association President or Co-Presidents will also be provided final summative evaluation rating for unit members. 4. A list of positions under O.R.C. §3319.17 or to be reduced. 5. The reasons for decrease such reductions. C. The Superintendent shall recommend which positions shall be affected and which teachers shall be laid off. The Superintendent will use the following criteria in funds, recommending which teachers are to be laid off: 1. The Board may make any reductions in force first through attrition. 2. Any reduction in force shall proceed using the following procedures and criteria: Bargaining unit members shall applybe placed in one (1) of three (3) groups for the purpose of a reduction in force, as described below. These groups shall be called "Group One." "Group Two." and "Group Three." Members within each Group shall be deemed "comparable." except that members under continuing contracts shall be given preference over all members under limited contracts within the same Group. 1. Reductions A. Group One shall be made comprised of all members who were rated "Ineffective" on their evaluation using the calculation set forth below; B. Group Two shall be comprised of all members who were rated "Developing" on their evaluation using the calculation set forth below; and C. Group Three shall be comprised of all members who were rated "Skilled" or "Accomplished" on their evaluation using the calculation set forth below. 3. Any reduction in force shall begin with members in Group One, followed by Group Two, and finally, Group Three. The teachers' final summative rating shall determine which group the suspending of contracts teacher is in. Teachers shall be placed in the aforementioned groups based upon an average of the Superintendent's recommendationthree (3) most recent summative ratings calculated as follows: • Ratings of Accomplished shall equal four (4) points; • Ratings of Skilled shall equal three (3) points; • Ratings of Developing shall equal two (2) points; • Ratings of Ineffective shall equal one (1) point. Those The sum of the teachers' most recent three (3) years shall be added together, divided by three (3), and rounded to the nearest whole number to find the "average" rating. The teacher shall then be placed in the appropriate Group based on his/her average rating. For example, a teacher rated Developing, Skilled, and Skilled in the most recent three (3) years would be placed in Group Three (2 + 3 + 3 = 8 /3 = 2.666 which is rounded to 3 = Skilled). Experienced teachers new to the District shall have their ratings from their prior district used in the calculation. First and second year teachers shall be placed in Group One. Third year teachers shall have their two (2) years' scores averaged for placement in the appropriate Group. Teachers who are rated "Accomplished" and who are evaluated once every three years shall be deemed to be "Accomplished" (i.e. shall receive 4 points) for the years in which they are not evaluated. Teachers who are rated "Skilled" and who are evaluated once every other year shall be deemed to be "Skilled" (i.e. shall receive 3 points) for the years in which they are evaluated. The order of the reductions within each Group shall be: A. Members under limited contracts beginning with the least senior; and then, B. Members under continuing contracts beginning with the least senior. 4. No preference shall be given to any member based on seniority, except when deciding between members who have comparable evaluations. D. A bargaining unit member whose contract will be suspended will be chosen as follows: a. All members of have the right to displace any less senior bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided member whose work he/she is certificated in that second area. 2certified/licensed to perform so long as the displacing member possesses a comparable or better evaluation than the member being displaced. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within Within ten (10) calendar days. days of the Board's action to implement a RIF, a bumping meeting, if necessary, shall be held for all affected employees. E. The most senior of those responding following procedures will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on used in the recall list will, upon acceptance process: 1. Teachers who were employed under a continuing or limited contract when laid off shall have recall rights for a period of twenty-four (24) months from the effective date of the notification to resume active employment status, return to active employment status with layoff unless: a. recall rights are waived in writing by the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at teacher; b. a resignation is offered by the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.teacher; or

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. ‌ 8.01 If the Board determines it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 employees in a classification due to the abolishment of positions, lack of funds, lack of work, or for decrease in fundsany other emergency reason, the following procedures procedure shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as followsgovern such layoff: a. All members A. The number of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken employees affected by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on kept to a recall list for eighteen minimum by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. B. Whenever the Board deems it necessary to layoff employees, affected employees shall be laid off taking into consideration their classification seniority if the Superintendent, Assistant Superintendent, and the immediate supervisor first determine that the employees are relatively equal in performance of their jobs. Any displaced employee shall have the right to displace the employee with the least classification seniority in a lower classification of the same classification series if he/she has more District seniority and is first determined by the Superintendent, Assistant Superintendent and the immediate supervisor to be relatively equal in the performance of that lower classification job. This process shall continue, if necessary, until the employee(s) with the least classification seniority in the lowest classification of the classification series of the Board has been reached and, if necessary, laid off. C. For this Article, classifications will be as follows: D. The Board shall determine in which classification(s) the layoff should occur and the number of employees to be laid off. 8.02 To the extent the circumstances make it feasible, twenty (1820) months from days prior to the effective date of a layoff, the reductionBoard shall prepare a list containing the names, seniority dates and classifications and indicate which employees are to be laid off and such list shall be available for inspection by the Association. Teachers on In regard to special education aides, if it becomes necessary to reduce the recall list employee, the Board will only be required to provide ten (10) days notice to the affected employee. The affected aide shall have the following rightsright to displace another aide with lesser seniority to maintain comparable hours and benefits. Each employee to be laid off shall be notified of the anticipated reduction in staff for his/her classification. Each notice of layoff shall state the following: a. Teachers on the recall list will A. Reason for layoff or reduction; B. The effective date of layoff; 8.03 Recall shall be recalled made in reverse order of layoff before any new employee is hired in that classification. The employee with the most classification seniority for vacancies in areas within a classification for which they are certificatedeligible shall be called back first and recall will continue in this order to the least senior employee. b. If 8.04 Each such laid off employee who is next to be recalled to a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed shall be notified of his/her current recall by certified mail to his/her last known address. All teachers are required to Each such employee who declines the recall or does not respond in writing to the district office recall notice within ten five (105) calendar days. The most senior days of those responding will its mailing shall be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on removed from the recall list willand shall lose any further right to recall. Notwithstanding the foregoing, upon acceptance an employee shall not be removed from the recall list if he or she declined recall to a position requiring fewer regularly scheduled hours of work than required by the notification position the employee last held while employed by the Board. 8.05 Any employee who has remained laid off for a period of twenty-four (24) consecutive months without a recall notice shall be removed from the recall list and shall lose any further right to resume active employment status, return to active employment status recall. 8.06 Any employee who has been laid off in accordance with this provision shall be placed on the substitute list and shall not lose rights of recall by virtue of accepting work with the same seniority, accumulation of sick leave, and salary schedule placement Board as he/she enjoyed at the time of layoffa substitute. 3. 8.07 The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere may reduce force in accordance with any other lawful personnel procedures in the districtprovisions of Article 8 of the contract and that Article 8 of the Contract supersedes and replaces 3319.081 and 3319.172 of the Ohio Revised Code.

Appears in 1 contract

Samples: Master Contract

REDUCTION IN FORCE. If The Bethlehem School Board has the Board determines it is necessary right to reduce decrease the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit because of a decrease in enrollment or discontinutation of a program. Whenever this shall occur, the Superintendent shall, prior to the date specified in NH law, notify the members of the bargaining unit involved in the reduction of the intent to fail to renominate. The earliest date and the order in which individuals are nominated before the board shall define the most senior bargaining unit member. Areas of certification shall determine classifications within the bargaining unit. It is possible for one bargaining unit member to be considered parts of two different classifications due to multiple certifications. Once it has been determined that a reduction is necessary, the basis for deciding which individual will be placed reduced shall be performance as measured by the district evaluation process, including any and all materials in the individual’s personnel file. No evaluations from other than the most recent five years, including the year in which the reduction occurs, shall be used in measuring performance. In the event that the performance of all unit members who are being considered for reduction is determinted to be equivalent, the unit member with the least seniority will be the first individual to be reduced. In the event that the board effectuates the reduction on a the basis of seniority list for each teaching field the only matter that may be grieved will be the questions of which teacher has the more seniority. During the two years after failure to be renominated because of Reducation in Force, such members of the bargaining unit shall be renominated and reelected according to seniority, to fill vacancies for which they are properly certificated/licensedqualified. Teachers serving Such renomination shall not result in loss of credit for prior years of service. Once a position has been offered, for which the member is qualified, and the member has refused this position, any rights retained under continuing contracts this provision shall be null and void. Members of the bargaining unit shall be informed prior to a RIF taking place and unit members will be asked if they intend to leave. A letter of resignation will be required to render the RIF unnecessary. A letter will be placed in the file of any member who is reduced indicating that the non- renewal was due to a layoff. Letters of commendation (from parents and others) shall be placed in personnel file at the top request of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityteacher effective 2000-2004. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Professional Negotiated Agreement

REDUCTION IN FORCE. If 1. Reduction in force is defined as the Board determines complete elimination of a specific position or as a reduction in hours. Whenever,in the judgment of the District, it is necessary to reduce make a reduction in force,the District will first determine the number of bargaining unit positions under O.R.C. §3319.17 or hours for decrease reduction in fundseach classification regardless of locations, and then use the following procedures shall apply.principles andprocedures.‌ 1a. The District will notify the Association and the affected employees of the date and reason(s) for the reduction at least 30 days in advance. Reductions Bargaining Unit employees shall be made by the suspending of contracts reduced based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachersemployee's seniority within the district. If District seniority is equal, also then the employee with the least seniority in descending order of senioritythe affected classification shall be the first reduced and may qualify for bumping(A.7). b. Seniority A reduced employee will be defined as remain on the length of continuous service as a certified employee under regular contract in this district.recall list for 27 months after their reduction unless they: (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority.waives their recall right in writing;or (2) If two or more teachers have resigns from the same length of continuous service, seniority will be determined by:School District;or a(3) The fails to accept within 7 days from the date of the board meeting at recall, their former position or one which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotis substantially equivalent. c. Recommended reductions in a teaching field Employees will be made recalled by selecting seniority in any classification if they are qualified for the person lowest vacancy. d. The District will make a good faith effort to offer substitute work to Bargaining Unit Members on the seniority recall list.When used as substitutes, Bargaining Unit Members on the recall list for that area shall be paid at no less than step two of certification who the salary schedule, they were on provided it the substitute work is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areathe sameclassification. 2. The names of teachers whose contracts are suspended District shall not fill a Bargaining Unit position in a reduction in force will be placed on a recall list for eighteen (18) months from any job category until they have offered the date of the reduction. Teachers position to any qualified employee on the recall list within the samecategory. 3. Employees will have be given recall notification by email and by regular U.S. mail sent to the following rights:last address given by the employee to the District office. a. Teachers 4. An employee will not forfeit their rights to recall should they take a job within the District in a lower classification. Employees who were full-time prior to reduction who accept a part-time or lesser paying position with the District shall remain on the recall list for recall to full-time employment until the end of the 27 month recall period. 5. All benefits to which an employee was entitled at the time of their reduction, including unused accumulated sick leave, will be recalled restored upon their return to active employment. The employee shall be placed on the salary step on which they were placed prior to the reduction. One step movement shall be granted if the employee had completed 120 workdays in order the work year at the time of seniority the reduction. 6. At the expense of the employee, a reduced employee shall be allowed, at their discretion, to continue under all or any part of the District insurance programs by directly paying the premiums while they are on the reduction list. Employees who are reduced may remain in the District's group insurance programs, in compliance with COBRA and OEBB regulations, at their own expense. Premiums for vacancies in areas such coverage must be received by Benefit Help Solutions (BHS) office prior to the first of the month for which they are certificatedthe coverage is being purchased. The parties agree that the District shall be held harmless from all damage or injury incurred by the termination of insurance coverage due to payment not being received in time. It is further agreed that the District has no obligation to give notice of the due date of said insurance premiums. 7. Bumping - a. A reduced employee may transfer to: 1) a position in any formerly held classification if the employee has greater District seniority, or 2) an equal or lesser-paying position in any classification if the employee is qualified and has greater District seniority. Employees will stay at the same step in the new classification. b. If a vacancy occursThe bumped employee within the affected classification will be the one with the least seniority within the classification, which may cause another transfer and bumping of less senior employees c. The employee must be able to perform classification-specific duties for the Board new position no later than twenty (20) working days after starting the new position. Reasonable attempts to train the employee on classification specific duties will send certified announcements to the last known address of all teachers be made. An employee that cannot demonstrate competence within twenty (20) working days will be notified in writing, reduced and placed on the recall list who are qualified according list. d. Any request to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond bump must be initiated in writing to the district office by the employee within ten three (103) calendar daysfull working days after notice of reduction. The most senior District will work with each affected employee and the Association to ensure that they are aware of those responding their timelines and the positions available for bumping for which they are qualified. After the district provides this information, the employee will be given have three (3) working days to notify the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsdistrict of theirdecision. c. A teacher e. An employee may choose not to bump into another position and be placed on the recall list willinstead.This employee will be considered reduced. 8. For seniority purposes, upon acceptance employees who are reduced and subsequently reinstated within 27 months shall retain cumulative seniority for all periods worked except for the period of reduction. 9. Before reductions are started, the notification District agrees to resume active employment statusprovide the Association and the Association President a complete list of all classified employees, return including each employee's date of hire, job classification(s), step on salary schedule, and total seniority within the job classification(s) and in the District, and the process to active employment status with follow for bumping 10. For the purposes of 19.A.7, classifications will be noted on the attached salary schedule. 11. An employee whose hours are reduced by more than 10% in a fiscal year may invoke this article. If hours are reduced for an employee hired before May 14, 2012, that employee’s insurance premiums will be paid for 18 months at the same seniority, accumulation of sick leave, and salary schedule placement ratio as he/she enjoyed at the time of layoffbefore thereduction. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 11.1 In the event the Board determines it is necessary decides to reduce the number layoff employees due to lack of bargaining unit positions under O.R.C. §3319.17 work, abolishment of positions, or for decrease in fundsfinancial reasons, the following procedures procedure will be followed: Financial reasons shall applybe defined as a projected cash balance of two million dollars ($2,000,000) or less of the Unreserved Fund Balance (line 15.010) for the next fiscal year as indicated on the most recently Board approved five (5) year forecast or the loss of funding for specific programs for the next fiscal year as verified by OEA analysis. Lack of work shall be defined as set forth in ORC 124.321. These duties shall not be assigned to administrators, bargaining unit members, supervisors, non- bargaining unit employees or subcontractors. 111.1.1 An employee who is laid off may displace any less senior employee within his/her classification. Reductions If there is not a less senior employee or a suitable position within the same classification, then the employee may utilize his/her displacement rights set forth in the following paragraph. 11.1.2 An employee may displace any less senior employee in a classification previously held by the laid off employee. If the laid off employee is unable to displace a less senior employee in a classification previously held by the laid off employee or does not hold seniority in another classification, then the employee may utilize his/her displacement rights set forth in the following paragraph. 11.1.3 An employee may displace any less senior employee in any classification for which the employee currently has the necessary minimum qualification, including licensure, if applicable, who is regularly scheduled to work a number of hours comparable to the hours held by the bumping employee. Comparable hours shall mean no more than thirty (30) minutes more or any amount of time less than the hours previously held by the bumping employee. 11.1.4 Seniority, as used in this Article, shall mean district seniority as defined in Article 10. 11.1.5 Temporary, provisional, and substitute employees shall be made laid off first. Regular employees will then be laid off in reverse order of seniority as provided in this Article. 11.1.6 Employees shall be recalled in reverse order of layoff. Recall notices shall be sent by certified mail to the suspending of contracts based upon last known address as listed in the Superintendentemployee's recommendationpersonnel file. Those contracts to be suspended will be chosen as follows: a. All members It is the duty of the bargaining unit employee to notify the Superintendent of any change of address. 11.1.7 A laid off employee shall have ten (10) calendar days from receipt of the recall notice to accept the recall by sending an acceptance or rejection to the Superintendent by certified mail. A failure to respond to recall in writing within ten (10) days of receipt of notice will be placed terminate all right to recall. 11.1.8 Recalled employees shall return to work on the fifteenth workday after the postmarked date of the recall notice. If an employee is unable to return to work on or before the fifteenth day for health reasons, the employee must submit written certification from a seniority list physician in order for each teaching field for which they are properly certificated/licensedthe employee to remain on the recall list. Teachers serving under continuing contracts If an employee is unable to report to work because of health reasons, the employee's name will be placed at the top end of the recall list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined 11.1.9 An employee who accepts recall to employment shall return to the system with the same seniority date and sick leave accumulation as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent held on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of layoff plus an additional pay increment if the reduction. Teachers employee completed one hundred twenty (120) work days of service in the year of layoff. 11.1.10 In the event a position becomes vacant in a department for which a person on the recall list will have the following rightsholds seniority: a. Teachers 1. The position shall be posted for all active bargaining unit members pursuant to Article 12; 2. Should no one from within the department bid on the position, the most senior laid off person that holds seniority within the department shall be recalled to the position; 3. Should no one on the recall list will be recalled hold seniority in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given department with the vacant position. Any teacher who fails , the position shall be awarded pursuant to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsArticle 12. c. A teacher 11.1.11 An employee on the layoff retains recall list will, upon acceptance rights for a period of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffthree (3) years. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or 11.1.12 Laid off employees shall be called first for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtsubstitute work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. The following provisions shall apply when the Board determines it is necessary to reduce the number of bargaining unit members under ORC Sections 3319.17 and/or 3319.172. The Board shall not be required to fill vacancies created by members who resign, retire or who are laid off. The Board will notify the Association President, in writing, of the reasons, number of positions, and the areas/grade levels/classifications/positions under O.R.C. §3319.17 or for decrease to be reduced fourteen (14) days prior to any meeting when the Board will consider a reduction in fundsforce, and will notify the following procedures Association President no later than thirty (30) days prior to implementation of any reduction in force. As soon as possible after notification, a meeting shall applybe scheduled between representatives of the Association and the Superintendent to review the appropriate data. The Association shall be given the opportunity to present its recommendation to the Board. Such recommendation shall only be advisory in nature and shall in no way limit the Board's right to implement a reduction in force in accordance with this Agreement. 1B. The Superintendent shall prepare a formal list indicating the specific position(s) to be abolished. This statement shall be prepared prior to implementation of the reduction in force. C. Reductions shall first be made by utilizing resignations and retirements. D. If further reductions are made, they shall be accomplished by the Board suspending of contracts based upon on the recommendation of the Superintendent's recommendation. Those contracts to be suspended , which recommendation will be chosen in accordance with the requirements of ORC Section 3319.17 as follows:to teaching members and in accordance with the requirements of ORC Section 3319.172 as to support staff members. a. All E. The recommendation as to teaching members of the bargaining unit will be placed shall give preference to members on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will and the recommendation as to support staff members shall give preference to members on continuing contracts. F. For purposes of RIF for teaching members, the final holistic evaluation ratings of Accomplished and Skilled shall be placed at the top of the listconsidered comparable through June 30, in descending order of seniority. Teachers serving limited contracts will be placed on the list under 2021. G. As to support staff members, continuing contract teachersstatus and system-wide seniority shall be the basis of any reduction in force. As to teaching members, also in descending order the provisions of seniorityORC Section 3319.17 shall control. b. Seniority will X. A member whose contract is suspended shall be defined as the length of continuous service as a given written notification, by either hand delivery or certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous servicemail return receipt requested, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed that his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotsuspended and the reason for suspension. This notification shall occur within ten (10) days after Board action implementing the reduction in force. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers I. Members whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will given preferential consideration as substitutes in accordance with law. X. A support staff member who is removed under these provisions shall have the following rights:right to transfer (“-bump”) to another classification if a vacancy exists there or if an individual with lesser seniority in the District is employed in that area. No support staff member shall have the right to "bump" into another classification unless the member is currently qualified for the position. A teaching member may bump an individual in another area of licensure/certification who has less seniority in the District only if and to the extent permitted by ORC Section 3319.17. There shall be no bumping between teachers and support staff members. a. K. Teachers on the recall list will removed under these provisions shall be recalled in order of seniority for vacancies in areas vacant positions for which they are certificated/licensed in the reverse order of their removal, provided the teacher has remained current in that area of certification/licensure by teaching or by additional course work within such area. Support staff members shall be recalled for vacant positions for which they are qualified in the reverse order of their removal. Such right shall be granted for thirty-six (36) months following the suspension. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers L. Members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep shall have their insurance coverage paid by the Board informed for the first three (3) months of his/her current addressthe reduction in force. All teachers are required Members may thereafter continue medical and life insurance coverage at their own expense as provided by law. M. When a recall of members is to respond be made, all qualifying members will be notified in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant positionvia certified mail. Any teacher member who fails to respond within ten fourteen (1014) calendar daysdays of receipt or rejects the offer will terminate recall rights. If a teacher rejects an offer of recall because the teacher is not able to be released from his/her teaching contract with another school district, the teacher will not lose his/her recall rights. The recall shall be made from those who respond by using the reverse order of removal. Recall rights may be terminated if the member fails to keep a correct mailing address on file with the Superintendent's office. N. Employees new to the District shall not be employed until after members qualified under this Article are offered the positions. O. Upon recall, members shall be placed in the appropriate place on the regular salary schedule and all rights and benefits earned prior to the reduction in force shall be reinstated. P. The Board agrees not to employ interns or six (6) hour certificate employees, or who declines to accept contract out bargaining unit work, if such employment may cause a reduction in force or prevent the position, will forfeit all recall rights. c. A teacher of an employee on the recall list willlist. Q. Members teaching in specialty areas, upon acceptance of the notification to resume active employment statusincluding but not limited to, return to active employment status with the same seniorityart, accumulation of sick leavemusic, physical education, speech pathology, counseling, special education, ISGI, and salary schedule placement as henurses, shall possess a license/she enjoyed at certificate in the time of layoffspecialty area. 3. The parties agree R. During the implementation of a reduction in force, no reassignment or transfer shall occur that these procedures apply only will cause a more senior member to be laid off before a less senior member or prevent the suspension recall of contracts under O.R.C. 3319.17 or a member on the recall list. S. Qualifications for decrease of funds. This article a bargaining unit position shall not require be upgraded to prevent the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtrecall of a laid-off employee. T. It is understood for purposes of this Article that “days” means calendar days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. for any of the reasons provided for in ORC §3319.17 3319.17, or for decrease in fundsfinancial reasons, the Board of Education shall proceed with such reduction in the following procedures shall applymanner. A. If the Board determines a RIF may occur, it will notify the Association president in writing thirty (30) days prior to the date the RIF may be implemented. B. The Board will develop and provide to the Association president a RIF list of potentially affected teachers. C. Representatives of the Board will be available to meet with representatives of the Association to review the proposed RIF. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving under limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. 2. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this districtthe Bucyrus City School District. (1) a. Board approved leaves of absence will not interrupt seniority seniority, but time spent on such leave shall not count toward towards seniority. (2) b. If two or more teachers have the same length of continuous service, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher was hired, ; and then by; b(2) The the date the teacher signed his/her initial employment contract in the district, ; and then by; c(3) Any Date of Application (4) any remaining ties will be broken by lot. c. Recommended 3. The Board shall accomplish any necessary reductions in a staff through attrition (i.e. retirement, voluntary resignation, etc.), before any suspension of contracts. 4. Should it be necessary to suspend contracts to achieve the necessary reduction in staff, limited contract teachers shall be reduced first as follows: a. Comparable evaluations as defined in this Agreement. b. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior limited contract teacher in the affected teaching field the first to be suspended. 5. Should the necessary reduction of staff exceed the number of limited contract teachers in the affected field, then continuing contract teachers shall be reduced as follows: a. Comparable evaluations as defined in this Agreement. b. 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. 6. Except as set forth in subsection (a) below, in determining comparable evaluations, a teacher’s best evaluation over the last two years shall be utilized. Comparable evaluations shall be defined as follows: a. All teachers who were rated “Ineffective” for the last two (2) consecutive years shall be deemed comparable to one another; b. All teachers rated “Ineffective” will be made by selecting the person lowest deemed comparable to one another; c. All teachers rated “Developing” or “Skilled” will be deemed comparable to one another, unless no effected teacher is rated “Developing”, in which case move on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect subsection (d); and, d. All teachers rated “Accomplished” or “Skilled” will be deemed comparable to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaone another. 2. D. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen twenty-eight (1828) months from the date of the reduction. . E. Teachers on the recall list will have the following rights: a. Teachers 1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated/licensed for the vacancies. 2. Teacher on the recall list will be recalled in inverse order of seniority their layoff for vacancies in areas for which they are certificatedcertified/licensed. b. 3. If a vacancy occurs, the Board will send a certified announcements announcement to the last known address of all teachers on the recall list who are qualified according to these those provisions. It is the teacher's ’s responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten seven (107) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, position will forfeit all recall rights. If a teacher receives notification and fails to respond within seven (7) calendar days of receipt, he/she will forfeit all recall rights. If the Board makes reasonable attempts to notify a teacher of a vacancy, but notice is not received so that the individual is unable to respond within seven (7) calendar days, he/she will forfeit recall rights to the position but will remain on the recall list. c. 4. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, leave and salary schedule placement as he/she enjoyed at the time of the layoff; however, if a returning teacher is legally entitled to a step increase, it shall be granted. However, seniority shall not be the basis for recalling a teacher, except when making a decision between teachers who have comparable evaluations. Comparable evaluations shall be defined above. 3. F. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of fundsfinancial reasons. This article shall not require the Board of Education to fill any vacancyvacancies, nor shall it interfere with any other lawful personnel professional procedures in the district.

Appears in 1 contract

Samples: Bargaining Agreement

REDUCTION IN FORCE. If A. When the Board determines that it is will be necessary to reduce the number of teachers because of decreased enrollment, territorial changes affecting the district, return to duty of regular teachers after leave of absence, or financial reasons, a reasonable Reduction In Force (RIF) may be made. A RIF may only occur at the end of a school year except in the case of financial reasons which may occur at any time. B. The Superintendent shall notify the Association of the reasons for any anticipated staff reductions. The Association President or Co-Presidents will be provided with the following prior to the Board acting on his/her RIF recommendation: 1. The provisions of Article 10 – Seniority, Section (E), including providing information to the Association President or Co-Presidents/designee shall be followed. The seniority list provided for in Article 10 – Seniority, Section (E) shall include contract status of all bargaining unit members, teaching field, total years of service in the bargaining unit and all areas of certification. 2. For purposes of reduction in staff, any and all certificated/licensed teachers who are certified/licensed in more than one area of certification/licensure shall be placed on each and every seniority list for which they have proper certification/licensure. 3. The Association President or Co-Presidents will also be provided final holistic evaluation rating for unit members. 4. A list of positions under O.R.C. §3319.17 or to be reduced. 5. The reasons for decrease such reductions. C. The Superintendent shall recommend which positions shall be affected and which teachers shall be laid off. The Superintendent will use the following criteria in funds, recommending which teachers are to be laid off: 1. The Board may make any reductions in force first through attrition. 2. Any reduction in force shall proceed using the following procedures and criteria: Bargaining unit members shall applybe placed in one (1) of three (3) groups for the purpose of a reduction in force, as described below. These groups shall be called "Group One." "Group Two." and "Group Three." Members within each Group shall be deemed "comparable." except that members under continuing contracts shall be given preference over all members under limited contracts within the same Group. 1. Reductions a. Group One shall be made comprised of all members who were rated "Ineffective" on their evaluation using the calculation set forth below; b. Group Two shall be comprised of all members who were rated "Developing" on their evaluation using the calculation set forth below; and c. Group Three shall be comprised of all members who were rated "Skilled" or "Accomplished" on their evaluation using the calculation set forth below. 3. Any reduction in force shall begin with members in Group One, followed by Group Two, and finally, Group Three. The teachers' final holistic rating shall determine which group the suspending of contracts teacher is in. Teachers shall be placed in the aforementioned groups based upon an average of the Superintendent's recommendationthree (3) most recent holistic ratings calculated as follows: • Ratings of Accomplished shall equal four (4) points; • Ratings of Skilled shall equal three (3) points; • Ratings of Developing shall equal two (2) points; • Ratings of Ineffective shall equal one (1) point. Those The sum of the teachers' most recent three (3) years shall be added together, divided by three (3), and rounded to the nearest whole number to find the "average" rating. The teacher shall then be placed in the appropriate Group based on his/her average rating. For example, a teacher rated Developing, Skilled, and Skilled in the most recent three (3) years would be placed in Group Three (2 + 3 + 3 = 8 /3 = 2.666 which is rounded to 3 = Skilled). Experienced teachers new to the District shall have their ratings from their prior district used in the calculation. First and second year teachers shall be placed in Group One. Third year teachers shall have their two (2) years' scores averaged for placement in the appropriate Group. Teachers who are rated "Accomplished" and who are evaluated once every three years shall be deemed to be "Accomplished" (i.e. shall receive 4 points) for the years in which they are not evaluated. Teachers who are rated "Skilled" and who are evaluated once every other year shall be deemed to be "Skilled" (i.e. shall receive 3 points) for the years in which they are evaluated. The order of the reductions within each Group shall be: a. Members under limited contracts beginning with the least senior; and then, b. Members under continuing contracts beginning with the least senior. 4. No preference shall be given to any member based on seniority, except when deciding between members who have comparable evaluations. D. A bargaining unit member whose contract will be suspended will be chosen as follows: a. All members of have the right to displace any less senior bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided member whose work he/she is certificated in that second area. 2certified/licensed to perform so long as the displacing member possesses a comparable or better evaluation than the member being displaced. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within Within ten (10) calendar days. days of the Board's action to implement a RIF, a bumping meeting, if necessary, shall be held for all affected employees. E. The most senior of those responding following procedures will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on used in the recall list will, upon acceptance process: 1. Teachers who were employed under a continuing or limited contract when laid off shall have recall rights for a period of twenty-four (24) months from the effective date of the notification to resume active employment status, return to active employment status with layoff unless: a. recall rights are waived in writing by the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at teacher; b. a resignation is offered by the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.teacher; or

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. Reduction in Staff 1. This article applies only if the Board determines it that a reduction in force is necessary necessary. 2. When the District determines that a reduction in force is necessary, the District shall immediately notify in writing the educator(s) involved and the Association and consult with the Association president as soon as possible before the contemplated layoff. The notice shall include the specific position(s) to reduce be affected, the number proposed time schedule and the reasons for the proposed action, assuming this information is available when the notice is given or as soon as possible thereafter. 3. This article shall apply to all releases, layoffs or terminations for non-personal reasons, such as an actual or prospective reduction in staff, inability to provide funds, administrative adjustment or reorganization, elimination of courses or programs, or other reasons non-personal to any bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall applymember. 14. Reductions Educators who are laid off under this article shall hereinafter be referred to as "laid-off educators." 5. The District shall determine that a reduction in force is necessary. However, all such actions taken shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityaccordance with Oregon Law and this article. b. 6. If the District determines a reduction in force is necessary, it shall provide the Association with a current seniority list. Seniority will shall be defined as the length of continuous service dating from the first day of actual service as a certified employee under regular contract in this district. (1) Board approved an educator from the most recent date of hire into the District, inclusive of all leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest absences. Ties for position on the seniority list for that area shall be broken by drawing lots in the presence of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaDistrict and Association designees. 27. The names of teachers whose contracts are suspended following criteria shall be applied in a reduction in force determining which educators will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rightsretained: a. Teachers on The educator shall be properly licensed to teach the recall list will curriculum area or grade level(s) of the program being retained at the time of the notice of layoff. b. Seniority shall be recalled applied in reverse order of seniority hire—the last one hired shall be laid off first. c. At the option of the District, merit and competence as defined in Oregon Law may also be considered. 8. Specialists whose positions are discontinued and who are appropriately licensed shall be considered as classroom educators for vacancies in areas the purposes of seniority. 9. The District shall make every reasonable effort to transfer educators of courses scheduled for discontinuance to other teaching positions for which they are certificatedlicensed, pursuant to Oregon Law. 10. If the District desires to retain an educator with less seniority than an educator being released under this section, the educator being retained shall have more competence or merit than the educator with more seniority who is being released. The burden of proof shall rest with the District to show that the educator being retained shall have more competence or merit than any educator with more seniority who is being released. The District shall consider the performance of teaching responsibilities and skills as indicated in the educator's personnel file. 11. Educators who are on leave of absence shall be subject to the same criteria as all other educators and, for the purposes of reduction in force, shall be deemed to hold active teaching status. 12. The District shall provide laid-off educators as follows: a. Fringe benefits as established in this Agreement for a maximum of sixty (60) days following the layoff date. b. The District shall have no obligation to provide these fringe benefits to a laid-off educator who secures employment as an educator in another district. If a vacancy occursan educator secures employment outside the field of education and receives fringe benefits from the new employer, fringe benefits paid by the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are District shall not be required to respond in writing to duplicate those paid by the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsother employer. c. A teacher on Educators may continue group rate insurance coverage at their own expense following the termination of the District-provided benefits for the duration of the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffperiod. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 5.04.01 Reductions-in-force may be made in the Board determines it event that a reduction becomes necessary as a result of the following: A. decreased enrollment of pupils; B. return to duty of regular employees after leaves of absence; C. suspension of schools; D. territorial changes affecting the District; and/or E. financial reasons. 5.04.02 When the need for a staff reduction is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsdeemed necessary, the following procedures shall applybe followed: A. Prior to proceeding with an anticipated staff reduction, the Association President shall be notified by the Superintendent of the Board's intent to consider a staff reduction. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. B. Seniority will be defined as the length of continuous service as a certified certificated employee under a regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but full-time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the districtDistrict. C. Any reduction in employees will first be accomplished through attrition if possible to do so; i.e., and then by; c) Any remaining ties the number of persons affected by a reduction in staff will be broken kept to a minimum by lotnot employing replacements for employees who retire or resign or by not replacing employees who are non-renewed in accordance with the provisions of 5.01 above. c. Recommended D. If further reductions are necessary, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall recommend suspensions of contracts in a teaching field will be made by selecting the person lowest giving preference to teachers on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2continuing contracts. The names personnel records and all future references of teachers employees whose contracts are suspended in pursuant to this provision shall clearly indicate that such was due to a reduction in reduction-in-force will and not due to unsatisfactory performance. E. The names of employees whose contracts were suspended by reduction-in-force shall be placed on a recall list list. Restoration rights for eighteen those employees whose limited contracts were suspended shall continue through the next three (183) months from full school years. Restoration rights for those employees with continuing contracts shall continue until the date of employee is returned to a teaching position. 1. No new employees will be employed by the reduction. Teachers Board while there are employees on the recall list will who are certified for the vacancy and in the case of employees who were serving under limited contracts have either: a) taught for at least sixty (60) days in the following rights:area of certification in which the vacancy exists during the six (6) years preceding the reduction; or b) taken an academic refresher course in the area of certification during the preceding six (6) calendar years. a. Teachers 2. Employees on the recall list will be recalled in the order of seniority layoff for vacancies in the areas for which they are certificatedcertified. b. 3. If a vacancy occurs, the Board will send certified announcements mail, Certified Mail, return receipt requested, or deliver a letter to the last known address of all teachers employees on the recall list who are qualified according to these provisionsthe above provisions based on the information available to the Board and filed in the employee’s personnel file. If the letter is delivered, a receipt for such delivery must be secured (a copy of such letter and receipt for delivery shall be placed in the employee’s personnel file). It is the teacher's employee’s responsibility to keep the Board informed of his/her current address. All teachers employees are required to respond in writing to the district District office within ten (10) calendar daysdays after receipt of the letter. The most senior of those timely responding will be given the vacant positionposition(s). Any teacher employee who fails to respond within such ten (10) calendar days, days after delivery of a letter or who declines to accept the positiona position which is offered, will forfeit all future recall rights. If the certified letter sent by the Board to an employee is returned undelivered by the U.S. Post Office to the Board, the employee shall not lose future recall rights under this policy. c. A teacher 4. An employee on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. F. During the restoration period, the employee shall be eligible to have his/her insurance coverage continued for up to eighteen (18) months, provided the employee pays the premium. G. The parties agree that these procedures apply only to the suspension of contracts for reasons listed under O.R.C. Ohio Revised Code §3319.17 or for decrease of fundsfinancial reasons as defined above. This article Article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtDistrict.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 1. If the Board determines it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 employees due to a decrease in pupil enrollment, the return to duty of teachers from leaves of absence, a suspension of schools or territorial changes, or for decrease in fundsidentified financial reasons, the following procedures provisions shall apply. Such RIF will be in keeping with the provisions of this article and pursuant to section 3319.17 of the Ohio Revised Code. The CFVEA and certified staff shall be notified within five (5) school/working days following the March Board meeting, of any school year, of any proposed teacher reduction. Such notice shall include: a. The positions for reductions being considered. 1b. Reasons for such decisions. 2. The Board shall not act on any proposed teacher reduction until after the CFVEA has had the right to present its views at a public Board meeting. The CFVEA shall not be required to present its views any earlier than the next scheduled Board meeting provided the CFVEA has no less than ten (10) days between delivery of the notice and the Board meeting date. 3. After the Association has presented its views, the Board shall proceed to reduce teachers in the following sequence: a. The Board shall handle all teacher reductions first through normal attrition which shall be employees who leave the District by reason of retirement, resignation, death or those whose limited contracts are not renewed due to violation of Board policy. b. A list shall be prepared of all employees each year by November 1st according to certification and licensure and final summative evaluation scores (for RIF purposes only). Accomplished and Skilled are comparable to one another [green section of ODE Evaluation Matrix], then Developing [yellow section of ODE Evaluation Matrix], and then Ineffective [red section of ODE Evaluation Matrix]. The list shall be sequenced to include the following: i. Areas of certification/licensure in effect by August 31 of each school year ii. Most recent final summative evaluation score sorted with Ineffective first, then Developing, then Skilled/Accomplished iii. The date of the Board meeting at which the employee was hired, and then by the date on which the employee submitted a completed job application if multiple teachers were hired on the same Board meeting date. (All approved “leaves of absence” will be applied towards continuous service for seniority purposes.) c. A list shall be prepared indicating the position(s) and/or part positions to be abolished. d. Reductions in Force shall be made by the suspending of teacher contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen ’s recommendations as follows i. Limited contract teachers by using the following order: a. All members 1. Area of licensure/certification within the bargaining unit will be placed on a seniority list for each affected teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaassignment. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from Rating as determined by the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffperformance evaluation. 3. The parties agree that these procedures apply When performance ratings are comparable, by date of employment with Clear Fork Valley Local Schools. ii. Continuing contract teachers, only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures after all Limited contract teachers in the districtteaching field of assignment, by using the following order: 1. Area of licensure/certification within the affected teaching assignment. 2. Rating as determined by the performance evaluation. 3. When performance ratings are comparable, by date of employment with Clear Fork Valley Local Schools.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. The following provisions shall apply when the Board determines it is necessary to reduce the number of bargaining unit members under ORC Sections 3319.17 and/or 3319.172. The Board shall not be required to fill vacancies created by members who resign, retire or who are laid off. The Board will notify the Association President, in writing, of the reasons, number of positions, and the areas/grade levels/classifications/positions under O.R.C. §3319.17 or for decrease to be reduced fourteen (14) days prior to any meeting when the Board will consider a reduction in fundsforce, and will notify the following procedures Association President no later than thirty (30) days prior to implementation of any reduction in force. As soon as possible after notification, a meeting shall applybe scheduled between representatives of the Association and the Superintendent to review the appropriate data. The Association shall be given the opportunity to present its recommendation to the Board. Such recommendation shall only be advisory in nature and shall in no way limit the Board's right to implement a reduction in force in accordance with this Agreement. 1B. The Superintendent shall prepare a formal list indicating the specific position(s) to be abolished. This statement shall be prepared prior to implementation of the reduction in force. C. Reductions shall first be made by utilizing resignations and retirements. D. If further reductions are made, they shall be accomplished by the Board suspending of contracts based upon on the recommendation of the Superintendent's recommendation. Those contracts to be suspended , which recommendation will be chosen in accordance with the requirements of ORC Section 3319.17 as follows:to teaching members and in accordance with the requirements of ORC Section 3319.172 as to support staff members. a. All E. The recommendation as to teaching members of the bargaining unit will be placed shall give preference to members on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will and the recommendation as to support staff members shall give preference to members on continuing contracts. F. For purposes of RIF for teaching members, the final holistic evaluation ratings of Accomplished and Skilled shall be placed at the top of the listconsidered comparable through June 30, in descending order of seniority. Teachers serving limited contracts will be placed on the list under 2021. G. As to support staff members, continuing contract teachersstatus and system-wide seniority shall be the basis of any reduction in force. As to teaching members, also in descending order the provisions of seniorityORC Section 3319.17 shall control. b. Seniority will H. A member whose contract is suspended shall be defined as the length of continuous service as a given written notification, by either hand delivery or certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous servicemail return receipt requested, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed that his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotsuspended and the reason for suspension. This notification shall occur within ten (10) days after Board action implementing the reduction in force. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers I. Members whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will given preferential consideration as substitutes in accordance with law. J. A support staff member who is removed under these provisions shall have the following rights:right to transfer (“-bump”) to another classification if a vacancy exists there or if an individual with lesser seniority in the District is employed in that area. No support staff member shall have the right to "bump" into another classification unless the member is currently qualified for the position. A teaching member may bump an individual in another area of licensure/certification who has less seniority in the District only if and to the extent permitted by ORC Section 3319.17. There shall be no bumping between teachers and support staff members. a. K. Teachers on the recall list will removed under these provisions shall be recalled in order of seniority for vacancies in areas vacant positions for which they are certificated/licensed in the reverse order of their removal, provided the teacher has remained current in that area of certification/licensure by teaching or by additional course work within such area. Support staff members shall be recalled for vacant positions for which they are qualified in the reverse order of their removal. Such right shall be granted for thirty-six (36) months following the suspension. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers L. Members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep shall have their insurance coverage paid by the Board informed for the first three (3) months of his/her current addressthe reduction in force. All teachers are required Members may thereafter continue medical and life insurance coverage at their own expense as provided by law. M. When a recall of members is to respond be made, all qualifying members will be notified in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant positionvia certified mail. Any teacher member who fails to respond within ten fourteen (1014) calendar daysdays of receipt or rejects the offer will terminate recall rights. If a teacher rejects an offer of recall because the teacher is not able to be released from his/her teaching contract with another school district, the teacher will not lose his/her recall rights. The recall shall be made from those who respond by using the reverse order of removal. Recall rights may be terminated if the member fails to keep a correct mailing address on file with the Superintendent's office. N. Employees new to the District shall not be employed until after members qualified under this Article are offered the positions. O. Upon recall, members shall be placed in the appropriate place on the regular salary schedule and all rights and benefits earned prior to the reduction in force shall be reinstated. P. The Board agrees not to employ interns or six (6) hour certificate employees, or who declines to accept contract out bargaining unit work, if such employment may cause a reduction in force or prevent the position, will forfeit all recall rights. c. A teacher of an employee on the recall list willlist. Q. Members teaching in specialty areas, upon acceptance of the notification to resume active employment statusincluding but not limited to, return to active employment status with the same seniorityart, accumulation of sick leavemusic, physical education, speech pathology, counseling, special education, ISGI, and salary schedule placement as henurses, shall possess a license/she enjoyed at certificate in the time of layoffspecialty area. 3. The parties agree R. During the implementation of a reduction in force, no reassignment or transfer shall occur that these procedures apply only will cause a more senior member to be laid off before a less senior member or prevent the suspension recall of contracts under O.R.C. 3319.17 or a member on the recall list. S. Qualifications for decrease of funds. This article a bargaining unit position shall not require be upgraded to prevent the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtrecall of a laid-off employee. T. It is understood for purposes of this Article that “days” means calendar days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. In making any such reduction, any city, exempted village or joint vocational school 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 any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. If the Board determines it is necessary to reduce the number of bargaining unit teaching positions under O.R.C. §3319.17 or for decrease in fundsORC 3319.17, the following procedures shall apply.: 1. A. Reductions shall be made by the suspending of contracts based upon the Superintendent's superintendent’s recommendation. The superintendent will notify the BEA President in writing as well as the affected staff member(s) sixty (60) calendar days prior to the effective date of the contract suspension. In the event of comparable evaluations then the following procedures shall apply. Those contracts to be suspended will be chosen as follows: a. 1. All certified/licensed staff members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificatedcertified/licensed. Teachers serving under continuing contracts contracts, or who have met the requirements for a continuing contract will be placed at the top of the list, in descending order of seniority. Teachers serving under limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. 2. Seniority will be defined as the length of continuous service as a certified certified/licensed employee under regular contract in this the district. (1) a. Board approved leaves of absence absences will not interrupt seniority seniority, but time spent on such a leave shall not count toward seniority. (2) b. If two or more teachers have the same length of continuous service, seniority will be determined by: a1 ) The the date of the board Board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.then,

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If Section 34.1. The Committee retains the Board determines it is necessary non-delegable right to reduce determine the number of teaching and professional persons, which are needed. Section 34.2. When a reduction in the teaching staff is necessary because of a decrease in student enrollment, change in curriculum, shortage of funds, changes in the use of instructional personnel, or for other reasons if approved by the School Committee, the Superintendent shall determine the discipline, level, or programs that will lose staff positions and will recommend them to the Committee for action. (Levels are: Pre-K—5, 6—8, 9—12. Disciplines are listed in Section 34.5.) Section 34.3. The Superintendent, in his/her exclusive judgment, may assign bargaining unit positions members to a different level and/or discipline in the absence of any voluntary requests for transfer from other staff members whom the Administration considers equally or more qualified. However, any bargaining unit member who is transferred to a position for which s/he is not fully certified, but eligible to teach under O.R.C. §3319.17 or for decrease present certification regulations, will not lose his/her bumping rights in funds, the following procedures shall applyhis/her former area. 1Section 34.4. Reductions In determining the order in which bargaining unit members with professional teacher status are to be laid off within the discipline and level when appropriate, seniority within the Xxxxxx-Yarmouth Regional School District shall be made by the suspending sole criterion. Bargaining unit members who teach in more than one discipline shall be considered as being in each of contracts based upon these disciplines for purposes of reduction in force. A bargaining unit member who teaches in more than one level during a given school year, for the Superintendent's recommendation. Those contracts purposes of this Article, shall be considered to be suspended will be chosen as follows: a. All members of teach in that level in which the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensedmember would have spent the majority of his time over the previous three school years (including the current year). Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be is defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of initial regular full-time employment as a bargaining unit member in the reductionXxxxxx-Yarmouth Regional School District and its antecedents. Teachers on the recall list Authorized leaves up to eight weeks and sabbatical leave time will have the following rights: a. Teachers on the recall list count as time served. Other leaves without pay will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursnot break continuous service, the Board but will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisionsnot count as time served towards seniority. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding Recall will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 those who maintain professional teacher status according to Massachusetts’ laws or for decrease of funds. This article shall not require the Board court decisions applicable to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtXxxxxx-Xxxxxxxx personnel.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If The Marshfield School System retains the Board determines 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 provisions of this Agreement, but once made, the following policy for reduction in personnel will be followed: 14.1 In the event it is becomes necessary to reduce the number of employees in the bargaining unit positions under O.R.C. §3319.17 unit, layoffs will be determined by seniority in each classification. Where a reduction in force results in the transfer of a senior employee to a position of a greater or for decrease lesser number of hours the employee shall be placed in funds, the following procedures shall applyposition at the established hours. 1. Reductions 14.2 Employees whose employment will be terminated in full or in part shall be made by given notice at least ten (10) days prior to the suspending of contracts based upon the Superintendent's recommendationlayoff date. Those contracts to The Association will also be suspended will be chosen as follows: a. All members forwarded a copy of the bargaining unit will notice. 14.3 If employees who are laid off request in writing to the Superintendent to be placed on recall, then during a seniority list period of two (2) years from the effective date of their layoff, such employees shall be given preference for each teaching field recall as vacancies develop to the same or similar positions for which they are properly certificated/licensed. Teachers serving under continuing contracts will qualified. 14.4 In the event of recall, employees shall be placed at notified by Certified Mail to their last address of record with the top Superintendent and must advise the Superintendent of their acceptance of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office being offered within ten (10) calendar days. The most senior business days following the date of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar daysmailing of said notice, or who declines to accept the position, will forfeit all recall rights. The School system shall not be required to make more than one (1) offer of re-employment during the period that an employee is eligible for recall. c. A teacher 14.5 Employees recalled pursuant to the above provisions shall be credited with all accrued time in service of the School System prior to the effective date of layoff for the purposes of placement on the salary schedule, entitlement to other benefits based upon length of service, and any previously unused sick leave. 14.6 For the purposes of this Article, seniority will be defined as set forth in Article XV, Seniority. 14.7 During the recall list willperiod, upon acceptance employees shall be entitled to participate in all group life, accidental and health insurance programs by paying one hundred percent (100%) of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffpremiums. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. Reduction in Force (RIF) may be necessary because of decreased enrollment of pupils, changes in curriculum, changes in the Board determines it use of personnel, lack of funds, return to duty of regular personnel after leaves of absence, suspension of schools or territorial changes affecting the District. For purposes of this Article, decreased enrollment of pupils shall include consideration of subject-area enrollment as well as district-wide enrollment. Decreased enrollment of pupils shall also take into account declining enrollment over the five-year period immediately preceding the RIF, and thus is necessary not limited to reduce declining enrollment in the current or previous year. Length of continuous service shall not be interrupted by authorized leaves of absence. B. Where known and where possible, the number of bargaining unit positions under O.R.C. §3319.17 persons affected by a RIF will be kept to a minimum insofar as is practicable by not replacing members who retire or for decrease in fundsresign. When RIFs are necessary, county employees within the following procedures shall applyclassifications affected will be reduced prior to members. 1. Reductions C. Vacancies created by members who retire, resign, or are on leave of absence when such vacancies are not filled, do not constitute a reduction in force. D. Seniority shall be made determined by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All placing all members of the bargaining unit will be placed on a seniority list for by job classification as set forth in Article XXII. Bumping of positions shall be by seniority within classifications. Members who have previous experience in other classifications may also hold seniority in that classification if the previously held position was worked within the previous five (5) years. Seniority lists shall be revised at least annually, and no later than December 1 of each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will school year; and a copy of each revision shall be placed at provided to the top president of the list, in descending order Association within thirty (30) days of seniorityits completion. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. If two (2) If two or more teachers members on any seniority list shall have the same length of continuous service, seniority will shall be determined by: a) a. The date of the board Board meeting at which the teacher member was hired, ; and then by; b) The date b. Last digit of the teacher signed his/her initial employment contract in social security number (the district, and then by; c) Any remaining ties will lowest last number of the social security number shall have the lowest seniority). Length of continuous service shall not be broken interrupted by lotauthorized leaves of absence. Seniority shall be lost when a member leaves the bargaining unit for any reason other than RIF or an approved leave of absence. Seniority shall not accrue on an approved leave of absence. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list E. Members selected for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a workforce reduction in force will shall be placed on a recall list for eighteen (18) months from the date "RIF List" in descending order of the reductionseniority. Teachers on the recall list will have the following rights: a. Teachers on the recall list will As positions or vacancies become available, those members shall be recalled to employment in descending order of seniority for vacancies (last in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements first out). Notice of recall shall be given by telephone and registered mail to the last known telephone number and last address of all teachers on given by the recall list who are qualified according member to these provisionsthe Board. It is shall be the teacher's responsibility of the member to keep the Board informed advised in writing of a telephone number and mailing address at which he/she can be reached. Each member shall remain on the RIF List for two (2) full school years, provided that the rights herein granted to a member shall be forfeited by the member should he/she: (1) waive his/her current address. All teachers are required to respond recall rights in writing to the district office within ten writing; (102) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten resign; (103) calendar days, or who declines fail to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification as provided for herein; or (4) fail to resume active employment status, return report to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as work in a position that he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.has accepted within ten

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. If 11.1 No bargaining unit employee shall be laid off or have his/her work hours reduced because the Board determines contracted work outside the bargaining unit. 11.2 If it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 employees in any job classification due to a lack of funds or for decrease lack of work such reductions shall be limited, in fundsso far as practical, by attrition. 11.3 Twenty (20) days prior to a reduction in force, the following procedures Board shall apply. 1notify the Local Union President of the upcoming lay-offs and the necessity for it. Reductions The Board shall also prepare a list of names, classifications, and seniority dates of all affected employees to be laid off. Upon a reduction in force, all provisional and/or substitute employees shall be made by laid off first. All layoffs shall begin with the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, least senior employee and continue in descending reverse order of seniority. Teachers serving limited contracts will be placed on Any employee affected by the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed layoff may use his/her initial employment contract in classification seniority to bump or displace any less senior employee who has less classification seniority within the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area classification of certification who is currently assigned to a position in that teaching fieldlayoff. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in If a reduction in force will should occur and there is a case or cases where more than one employee has identical classification seniority, system seniority shall determine the order of layoff. If the system seniority is also identical the tie shall be placed on broken by a coin toss. 11.4 Each employee to be laid off shall be given fifteen (15) days advance written notice which shall include the following: A. Reason for the layoff; B. Effective date of xxxxxx; and X. A statement advising the employee of his/her rights for unemployment benefits and his/her reinstatement rights. 11.5 Any employee who is laid off under the above provisions shall maintain his/her seniority and recall list rights for eighteen a period of (183) months three years from the date of the reductionlayoff. Teachers on the recall list will have the following rights: a. Teachers on the recall list will Employees shall be recalled in reverse order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurslayoff, with the most senior employee recalled first. Notice of recall to any employee shall be sent by the Board will send by certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisionsmail, return receipt requested. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within A laid off employee shall have ten (10) calendar days. The most senior working days from the date of those responding will be given receipt of such notice to accept or reject the vacant positionrecall. Any teacher who fails to respond within ten (10) calendar days, or employee who declines to accept recall shall be removed from the position, will forfeit all recall rightslist. c. A teacher on 11.6 An employee scheduled for layoff in one classification., who holds previous seniority in another classification, shall have the recall list will, upon acceptance of right to bump the notification to resume active employment status, return to active employment status with least senior employee in the same seniority, accumulation of sick leave, and salary schedule placement as former classification providing he/she enjoyed at has greater seniority in that classification than the time of layoff. 3current least senior employee. The parties agree that these procedures apply only employee may not displace employees in a classification if the employee does not meet the minimum qualifications of the classification. The employee who elects to bump shall retain all rights to recall to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require position in which the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtlayoff occurred.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 1. The seniority of unit members within the Board determines it is necessary to reduce overall classification of teaching assistant shall be the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall applydetermining factor. 12. Reductions Throughout this Agreement seniority shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this districtthe bargaining unit in the North Andover School District, measured from the first day of employment. (1) Board approved leaves 3. Periods of service interrupted by resignation, retirement, termination or a leave not authorized in writing by the District shall not be added together to determine seniority. When such a break in service occurs, seniority shall be calculated or measured beginning with the most recent date of re-employment. 4. A period of voluntary or involuntary unpaid leave of absence will which has been approved by the Committee or a layoff caused by reduction in force or a leave which is a medical leave of absence that would qualify under the terms of MGL Chapter 32B section 7 shall not interrupt seniority constitute a break in service, but time spent on the length of such leave shall not count toward senioritybe credited in calculating or measuring seniority benefits. (2) If two or more teachers have the same length of continuous service, seniority 5. A Seniority List will be determined by: a) published by the Superintendent through the Director of Human Resources each year on the first school day in October. It will be disseminated via e-mail to the Chair or Co-Chairs of this unit with a copy to the President or Co-Presidents of the North Andover Teachers’ Association. The Chair or Co-Chairs of this unit will disseminate it to the members of this bargaining unit. The official date of the board meeting release of the Seniority List shall be consistent with the date it is released via email to the Chair or Co-Chairs of this unit. Questions or objections to the Seniority List must be filed, in writing, no later than November 1 with the unit Chair or Co-Chairs of this unit. If no questions or objections are filed, the aforesaid listing will be deemed final and binding and there will be no additional challenges to that list. In the event there are questions or objections raised in writing to the Chair or Co-Chairs of this unit, these will be jointly examined with the Director of Human Resources and the Superintendent or designee. If resolution of the issue(s) raised fails to occur within thirty (30) days following the close of the period in which questions/objections can be raised, the unsettled questions/objections may be submitted by the Association to arbitration at which the teacher was hired, Department of Labor Relations for final and then by;binding resolution thereof. b) The date the teacher signed his/her initial employment contract 6. Recall shall occur in the districtreverse order of layoff. Should a vacancy occur within the bargaining unit and there is a unit member who is on the recall list, and the laid off unit member shall be given the first opportunity to fill the vacancy. If the vacant position requires the delivery of behavioral services, then by; c) Any remaining ties only those unit members who have completed the in-district behavioral services training will be broken by lotoffered the vacancy in the order of seniority. If a unit member declines the offer of recall, or is not offered the position, she shall be skipped on the list and the position shall be offered to the next unit member on the recall list. If a unit member declines the offer of recall for a third time, then she will fall to the bottom of the list. If no unit member accepts the recall or if there is no one on the recall list, the position may be posted as a vacancy. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field7. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers unit member on the recall list will have shall remain on the following rights: a. Teachers list for two (2) years from the effective date of the layoff. A unit member shall retain all seniority, sick leave, personal leave, longevity, and salary step she earned prior to layoff if recalled within two (2) years. Said member shall not receive any accrued seniority, sick leave, personal leave, longevity, or a salary step increase while on the recall list list. 8. Any laid off unit member having recall rights will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurscontacted by both phone and email. During the school year an employee must contact Human Resources within three (3) school days to receive the offer, and must accept or refuse the Board will send certified announcements offer within the following three (3) school days. During the summer break an employee must contact Human Resources within five (5) calendar days to receive the last known address of all teachers on offer, and must accept or refuse the recall list who are qualified according to these provisionsoffer within three (3) calendar days. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification unit member to resume active employment status, return ensure her contact information is kept u p to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures date in the districtemployee self-service portal (Employee Self Service [ESS] Login).

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board Board, at its sole discretion, determines that it is necessary to reduce the number institute a reduction in force of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundstenured faculty members, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended procedure will be chosen as follows: a. All A. The affected faculty member shall receive written notice as soon as possible, but not later than March 15. B. The written notice shall include a statement of honorable dismissal and the reason therefore. C. Part-time faculty members shall be laid off before full-time tenured faculty members, provided the full-time faculty member otherwise subject to reduction-in-force meets the minimum qualifications established by the Board under Section 10.4 of this Agreement for each of the bargaining unit subject areas taught by the part-time faculty member. Further, if it is determined that the full-time faculty member subject to reduction-in-force does not meet the minimum qualifications under Section 10.4 for the subject areas taught by the part-time faculty member, the affected instructor may take an appropriate Sponsored Professional Development Leave to specifically update her/his qualifications in conformity with current College degree requirements for that program area. This leave shall be taken during the first semester or through the entire year in which the reduction in force would occur. The leave will not count against the limits established under Section 13.1.H. D. Probationary faculty members shall be placed on a seniority list laid off before tenured faculty members, provided the tenured faculty member otherwise subject to reduction-in-force meets the minimum qualifications established by the Board under Section 10.4 of this Agreement for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on subject areas taught by the list under continuing contract teachers, also in descending order of seniorityprobationary faculty member. b. Seniority will be defined as E. In the length event of continuous service as a certified employee the layoff of faculty members having tenure status, seniority shall govern, provided the more senior faculty member otherwise subject to reduction-in-force meets the minimum qualifications established by the Board under regular contract in Section 10.4 of this districtAgreement for each of the subject areas taught by the less senior faculty member. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field F. Every effort will be made for the Board to follow paragraph C through E above, beginning with the affected department then followed by selecting the person lowest on affected division. By following this process, the seniority list for that area Board may not dismiss all part-time, probationary, or less senior faculty members prior to any layoff of certification who is currently assigned to a full-time tenured faculty member. G. If the Board increases the number of faculty members employed, reinstates a position that has been discontinued, or decides to fill a full-time vacancy that subsequently occurs, the Board shall first offer reemployment to faculty members laid off in that teaching fieldthe reverse order of layoff, provided they are determined to be qualified to hold such position. A teacher so affected may elect faculty member shall have the right to displace reemployment pursuant to the provisions of this Article for a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen period not to exceed twenty-four (1824) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificatedfaculty member's layoff. b. If a vacancy occurs, H. Notice of recall shall be sent to the Board will send faculty member by certified announcements mail (return receipt requested) to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing submitted to the district office College by the faculty member. Failure of the faculty member to affirmatively respond to such notice within ten fourteen (1014) calendar daysworking days of its receipt or within twenty (20) working days of its mailing, whichever is less, shall result in termination of the faculty member's right to recall hereunder. However, in the event a vacancy occurs within thirty (30) working days of the first working days of the College working, notice of recall shall be sent to the faculty member by certified mail (return receipt requested) to the last address submitted to the College by the faculty member. The most senior notice shall include a telephone number of those responding will be given the vacant positionan appropriate administrator in order to facilitate an immediate response. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance Failure of the notification faculty member to resume active employment statusaffirmatively respond to such notice within five (5) working days of its receipt or eight (8) working days of mailing, return whichever is less, shall result in termination of the faculty member's right to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3recall hereunder. The parties agree that these procedures apply only Association President or her/his designee shall be notified of such recall when the notice of recall is mailed to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtfaculty member.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds3319.17, the following procedures shall apply.: 1A. At least sixty (60) calendar days prior to proceeding with an anticipated staff reduction, the Association president shall be notified by the Superintendent of the Board's intent to consider a staff reduction. A meeting shall be held between representatives of the Association and the Superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Also, at this meeting, the Association will be provided with a seniority list of all employees. 52 B. To the extent possible, the number of employees affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non-renewed due to unsatisfactory performance. It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions. Reductions beyond those covered by attrition shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. 1. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers Then those serving under limited contracts will be placed on the list under continuing contract teachers, also listed in descending order of seniority. b. 2. Seniority will be defined as the length of continuous service as a certified certificated employee under regular contract in this districtdistrict as a bargaining unit member. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If Seniority 1. The Board shall reduce staff through the issuance of honorable discharges pursuant to Section 24-11 and 24-12 of The School Code. Teachers honorably discharged who shall subsequently be rehired by the Board determines shall be credited with all past experience previously acknowledged by the District and shall be credited with any sick leave they had accumulated prior to such discharge. 2. In the event it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 teachers for economic reasons or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made by the suspending because of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members reduction or elimination of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursprograms, the Board will send certified announcements shall in all respects adhere to the last known address of all teachers on the recall list who procedures and criteria governing such dismissals which are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond set forth in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffSchool Code. 3. The parties agree Joint Honorable Dismissal Committee will yearly assess the overall summative scores. If the Committee finds that these procedures apply only to a downward trend exists by majority vote, the suspension Union may grieve the summative scores for remedy. 4. For purposes of contracts under O.R.C. 3319.17 this Section, “seniority” and “continued service” shall mean teaching service in the District uninterrupted by resignation or for decrease reemployment. Leaves of funds. This article absence shall not require be deemed an interruption of service, but a teacher shall not receive a year of seniority credit for any unpaid leave of absence that either exceeds one whole semester, or ninety-one (91) work days. 5. If seniority of teachers shall be equal, preference shall be determined by the date of Board action to fill any vacancyapprove the initial contract. If seniority between two or more teachers is identical, nor then the teachers’ respective scheduled salaries shall it interfere determine seniority, with any other lawful personnel procedures the higher(est) paid teacher ranked more senior and so on. If there continues to be a tie, the teacher with the greater total length of public school teaching experience shall be considered more senior. If there still continues to be a tie, the District shall determine seniority using a transparent lottery method. 6. Prior to November 1st of each school term, the Administration shall post in the districtteachers’ lounge a listing of the seniority rank of all tenured teachers in the School District. Each teacher shall have thirty (30) employment days after posting to file written objection to his/her ranking and shall detail the alleged specific error in the ranking. Failure to make such timely objection shall be deemed acceptance of the ranking and the teacher cannot thereafter challenge his/her seniority for the school term.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. In making any such reduction, the school 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 any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. If the Board determines it is necessary to reduce the number of bargaining unit teaching positions under O.R.C. §3319.17 or for decrease in fundsORC 3319.17, the following procedures shall apply.: 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's superintendent’s recommendation. The superintendent will notify the BEA president in writing as well as the affected staff member(s) sixty (60) calendar days prior to the effective date of the contract suspension. In the event of comparable evaluations then the following procedures shall apply. Those contracts to be suspended will be chosen as follows: a. All certified/licensed staff members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificatedcertified/licensed. Teachers serving under continuing contracts contracts, or who have met the requirements for a continuing contract will be placed at the top of the list, in descending order of seniority. Teachers serving under limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified certified/licensed employee under regular contract in this the district. (1) i. Board approved leaves of absence absences will not interrupt seniority seniority, but time spent on such a leave shall not count toward seniority. (2) ii. If two or more teachers have the same length of continuous service, seniority will be determined by: a) The : • the date of the board Board meeting at which the teacher was hired, and then by; b) The then, • by the date that the teacher signed his/her initial employment the original contract. If no dates appear in item a) and a number of employees have the same date of hire, those who failed to date their original contract in will become the districtperson of least seniority. If more than one person is involved because of lack of dates, and then by; c) Any remaining ties a lottery system will be broken by lotutilized to determine seniority. c. Recommended reductions in a teaching field will be made by selecting the lowest person lowest on the seniority list for that area of certification certification/licensure who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, /licensure provided he/she is certificated properly certified/licensed in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements Xxxx displaced teacher may elect to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A displace another teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leavebasis, and salary schedule placement as so on. Any such election must be at the time the teacher is notified he/she enjoyed at the time of layoffwill be affected. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If When the Board determines finds it is necessary necessary, in its sole discretion, to reduce the number of bargaining unit certified full and/or part time positions under O.R.C. §3319.17 for reasons of declining enrollments, budget reductions, change in or consolidation of Board authorized programs, or for decrease in fundsany other reason determined necessary or desirable by the Board, the following procedures shall applyfactors will be utilized to determine which personnel will be laid off: 7.1 The Board will make every reasonable effort to minimize the effects of any reduction in force on current staff by absorbing as many positions as possible through attrition (retirement, voluntary transfer, resignation, and contract refusal). 1. Reductions 7.2 The Principal shall contact the representatives of the Association to make arrangements for the Association and the School Board to meet and discuss the considered reduction. 7.3 In determining the employee(s) to be laid off and/or reduced, the following considerations shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as followsmade: a. All members of Certification and “highly qualified” status in the bargaining unit will instructional positions being retained shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniorityconsidered first. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous serviceThese factors being equal, seniority shall be considered first. Those with the fewest years of unbroken service shall be laid off first. However, the Board will be determined by: a) The date also consider the impact of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotreducing academic positions on student achievement first. c. Recommended reductions in a teaching field Bargaining unit members with less than three (3) years of service will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areafirst laid off. 2. The names 7.4 Bargaining unit members to be laid off and/or reduced shall be notified on or before March 31st of teachers whose contracts are suspended the school year prior to that in which the reduction will occur. 7.5 Employees that have been let go due to a reduction in force will shall be placed on a recall list for eighteen a period of two (182) months from the date of the reductionyears. Teachers on the recall list will have the following rights: a. Teachers on the recall list will Bargaining unit members shall be recalled in order of seniority reverse order, assuming they meet the certification and “highly qualified” status required for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisionsopen position. It is the teacher's bargaining unit member’s responsibility to keep their contact information current with the Board informed of his/her current addressSAU office. 7.5.1 Once contacted, bargaining unit members shall have fourteen (14) days to respond to the offer. All teachers are required to respond in writing bargaining unit members being recalled shall return to the school district office within ten (10) calendar days. The most senior without losing their previous years of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsexperience credit. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. The District shall have the right to reduce its number of employees and, if necessary, discharge or terminate employees through a reduction in force (RIF) when one or more of the following circumstances are present: 1. A substantial decrease in pupil population 2. A substantial reduction in operating revenues 3. A substantial decrease in enrollment of a specific grade level or program, or the elimination of a program 4. The enactment of laws or court decisions that directly affect staffing and are beyond the immediate control of the Board. B. If the Board determines District anticipates a RIF, the District will notify the Federation in writing at least 30 calendar days prior to the implementation. The notice shall include the reasons for the RIF and the affected program. The Federation and the District shall meet to discuss the RIF. Employees affected will be notified as soon as possible. C. If it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsemployees, the following procedures District shall applyattempt to avoid the RIF by means of attrition and reassignment of employees to vacancies within the District and the non-renewal of contracts for probationary employees. 1. Reductions shall be made by D. At the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members request of the bargaining unit will be placed on District, a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified non-probationary employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned may voluntarily consent to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force hours of employment or to a lower classification in order to avoid lay off. E. Whenever an employee is laid off, the order of lay off shall be determined by seniority. The employee within the job classification with the least seniority shall be laid off first. Seasonal, temporary, and probationary employees will be placed on laid off before non-probationary employees. If a recall position is deemed essential to the District and the employee in that position has special abilities and training for that position, then that employee may be exempted from the RIF in that classification. In such a case, the reason for the exception will be provided to the employee and Federation in writing. F. The District will maintain a re-hire list for eighteen (18) months from one year. The employee with the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list most seniority within a job classification will be recalled in order re-hired first. Employees who have been RIF'd will be offered re- employment by seniority before new hires, regardless of seniority previous classification, provided the employee is qualified for vacancies in areas for which they are certificatedthat position. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. G. It is the teacher's sole responsibility of the employee to keep the Board informed District advised of his/his or her current addresswhereabouts. All teachers are required to respond Any person selected for re-hire shall be notified as soon as possible and given written notice by certified mail. An employee must accept the position in writing to the district office within ten (10) calendar days. The most senior working days of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on mailing of the recall list willnotice or the position shall be forfeited, upon acceptance of the notification to resume active employment status, return to active employment status along with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffall further rights under this provision. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If When the Board determines that it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease shall implement a reduction in fundsforce, the following procedures shall apply.apply consistent with R.C. 3319.17(D): 1. Reductions Before implementing a reduction in force, the Superintendent or designee shall give written notice to the Association President of the Board’s intent to affect a reduction in force. The Association shall be made by given the suspending of contracts based upon opportunity to address the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of Board in an open meeting during the bargaining unit will be placed on a seniority list next regularly scheduled meeting for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the listpresenting, both orally and in descending order of seniority. Teachers serving limited contracts will be placed writing, its views on the list under continuing contract teachers, also proposed reduction in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaforce. 2. The names Board shall proceed to abolish positions and suspend contracts in accordance with the recommendations of teachers whose contracts are suspended in the Superintendent pursuant to R.C. 3319.17(C). Affected unit members shall be given written notice thirty (30) days prior to Board action of the Board's intent to implement a reduction in force will no later than the first day of June. Within each area of certification/licensure affected by the reduction in force, contracts shall be suspended pursuant to the recommendations of the Superintendent and in accordance with R.C. 3319.17. 3. An reduction in force shall be implemented at the end of a work year only. 4. A unit member who is certified/licensed in multiple areas and whose contract has been suspended may elect to replace or "bump" another unit member with a lower evaluation rating in an area of certification/licensure unaffected by the reduction in force, or if the other unit member in an unaffected area of certification/licensure has a comparable evaluation rating, the unit member may be bumped if the unit member has less seniority. The unit member "bumped" must have the lowest evaluation rating and, when unit members have comparable evaluations, be the least senior unit member in the unaffected area of certification/licensure. 5. Unit members whose contracts have been suspended shall be placed on a recall list for eighteen (18) months from list. Unit members employed under continuing contracts at the date time of the reduction. Teachers contract suspension may remain on the recall list will have for a period of five (5) years. Unit members employed under limited contracts at the following rights: a. Teachers time of contract suspension may remain on the recall list will for a period of thirty-six (36) months after the contract suspension. 6. A unit member whose name appears on the recall list shall be recalled when a position becomes available for which the unit member is certified/licensed (excluding temporary certifications/licensures). Within a given area of certification/licensure, such offers are to be made in the reverse order of seniority for vacancies reduction in areas for which they are certificated. b. If a vacancy occurs, force. No new unit members may be employed by the Board will send certified announcements to the last known address of all teachers while there are unit members on the recall list who are qualified according certified/licensed (excluding temporary certifications/licensures) for the opening in question. Unit members who have acquired a new area of certification/licensure after having their contract suspended shall be considered/interviewed for any vacancy not filled by recall in the area of certification/licensure they acquired after their contract was suspended. 7. The Board shall give written notice of an offer of recall by sending a registered or certified letter to these provisionssaid unit member at the unit member’s last known address. It is shall be the teacher's responsibility of each unit member to keep notify the Board informed of his/her current any change in address. All teachers are required The unit member’s address, as it appears on the Board's records, shall be conclusive when used in connection with an offer or other notice to respond the unit member. If a unit member fails to accept the offer of recall in writing to within fifteen (15) calendar days (excluding Saturdays, Sundays, and holidays) or within five (5) days (if the district office offer is delivered within ten (10) calendar daysdays prior to the start of a school year or semester) from the date said offer is delivered at the last known address of the unit member, said unit member shall be considered to have rejected said offer and shall be removed from the recall list. The most senior No unit member whose continuing contract has been suspended shall be removed from the recall list by reason of those responding will be given having declined recall to a position requiring a lesser percentage of full-time employment than the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept position the position, will forfeit all recall rightsunit member last held while employed in the District. c. 8. A teacher unit member on the recall list will, upon acceptance of the notification to resume active employment status, accepting an offer shall return to active employment status the system with the same seniority, accumulation of sick leaveleave days, and salary schedule placement as he/she enjoyed the unit member had at the time of layoffcontract suspension. 39. The parties agree that these After being removed from the recall list, a unit member must make application for employment in accordance with established procedures apply only if the unit member so desires to be considered for re- employment by the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtBoard.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A reasonable (i.e., non-arbitrary and non-capricious) reduction of employees may be made only when one (1) or more of the Board determines it is necessary following conditions exist: a. Decreased pupil enrollment; b. Return to reduce the number duty of bargaining unit positions under O.R.C. §3319.17 or for decrease regular teachers after leave of absence (in fundssuch a case, the following procedures notice provisions appearing in paragraph 1 below shall not apply); c. Suspension of schools d. Territorial changes affecting the District; e. Financial reasons. 1. Reductions On or before May 1 preceding an anticipated staff reduction, the Association President shall be made by notified of the suspending Board’s intent to consider a staff reduction. A meeting shall be held between representatives of contracts based upon the Superintendent's recommendationAssociation and the Superintendent to review appropriate data indicating a need for a reduction. Those contracts The Association shall be informed as to why the reduction is deemed necessary, what teaching fields are to be suspended affected, the extent of the anticipated reduction, and will be chosen as follows: a. All members of the bargaining unit will be placed on provided with a seniority list of all employees. 2. The seniority list shall be prepared by listing all teachers according to continuous service in the District within all areas of certification/licensure. Those on continuing contracts shall be listed first according to continuous service in the District; then those on limited contracts shall be listed by continuous service in the District. The list shall include the date of initial employment (continuous) for each teaching field employee. An employee who actually works at least one hundred twenty (120) days within a given school year, irrespective of whether such service is full-time or part-time, will receive a full year of seniority credit; an employee who actually works fewer than one hundred twenty (120) days within a given school year will receive no seniority credit for which they are properly certificated/licensedthat year. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. If two (2) If two or more teachers have the same length of continuous service, seniority will shall be determined by: a) a. The date of the board Board meeting at which the teacher was hired, and then by;, b) b. The date the teacher signed his/her initial employment limited contract in the districtDistrict. c. If any ties remain after a) and b), and then by; c) Any remaining ties they will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting 3. To the person lowest on extent possible, the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names number of teachers whose contracts are suspended in affected by a reduction in force will be placed minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non- renewed. It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions. 4. Reductions needed beyond those covered by attrition will be made only by suspending contracts. The Board shall not give preference to any teacher based on seniority, except when making a recall list decision between teachers who have comparable evaluations. In determining whether evaluations are comparable for eighteen purposes of this Article, teachers who received an overall rating of Accomplished or Skilled on their most recent evaluation will be deemed to have comparable evaluations for purposes of this Article. A teacher whose contract is suspended, as a result of staff reduction, shall be given written notification no later than June 1 of the year the reduction is to be implemented. The notification shall state the reason(s) for the reduction and reason(s) for the selection of said teacher. 5. Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in the reverse order of layoff (18) months from except as otherwise required by Section 3319.17 of the Ohio Revised Code), if and when teaching positions become vacant or are created for which any of such teacher are or become qualified. After restoration of teachers with continuing contract, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of the reductionsuspension and shall continue through the next two (2) full school years. Teachers Where group insurance policies permit, a teacher on the recall list will who is unemployed and does not otherwise have the following rights:group coverage available may continue to participate in those benefits which are provided to teachers in active employment provided. a. Teachers on the recall list 6. No new teacher will be recalled in order of seniority for vacancies in areas for which they employed while there are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according in the teaching area in which a vacancy exists. When a vacancy occurs, the Board shall send a certified announcement to these provisionsthe last known address of teachers on the recall list who are qualified to fill the vacancy. It is the teacher's ’s responsibility to keep the Board informed of his/her current address. All teachers are required Any teacher who fails to respond in writing to the district Superintendent’s office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar business days, or who declines to accept the a full-time position, will shall forfeit all recall rights. c. . A teacher on the recall list willshall, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she the teacher enjoyed at the time of layoff. 37. The parties agree that these procedures apply only Administration will provide letters of recommendation for teachers affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon the suspension request of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtteacher.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 6.1 Reduction in Force Reduction in force shall be defined as a necessary reduction in the Board determines it is necessary to reduce work force beyond the normal attrition for economic reasons only. Reductions will be made at the school and / or department level. In the event that a reduction in the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsis necessary, the District shall provide thirty (30) days written notice to the affected employees. 6.1.1 Normal attrition shall be considered prior to any staff reductions. 6.1.2 For purposes of reduction, seniority will be determined based on an employee’s most recent date of hire (“hire date”) into the District. 6.1.3 The school or department making a reduction will first lay off hourly employees, when possible. 6.1.4 In determining which individuals will be impacted by a reduction, work sites (schools or departments) will apply the following procedures shall apply.criteria in the following order: 1. Reductions Normal attrition shall be made considered prior to any staff reductions. 2. Hourly employees will be laid off first, when possible. 3. After any hourly reduction, probationary employees who have been employed by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended District for 90 days or less will be chosen as followsreduced. 4. If steps one through three do not achieve the necessary reductions, the employer will consider documented job performance and the employee’s skills. In cases where an individual administrator has not yet appraised any employee, the employee’s three prior appraisals will be considered, if available. 5. If the preceding criteria are equal, the least senior employee shall be reduced. 6.1.5 The District shall notify the Association of the affected positions. The Association shall have 30 days to review the reductions before they are finalized. The District will consider recommendations from the Association. 6.1.6 The following processes will be used to assist impacted employees with securing other positions: a. All members 1. The district will maintain a listing of impacted employees in order of seniority with the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed most senior employee at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on Principals and hiring managers may obtain the list under continuing contract teachers, also in descending order from the Department of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaHuman Resources upon request. 2. Impacted employees will be added to the listing when they are first notified of a pending reduction. The names impacted employees will remain on the listing until one year after their date of teachers whose contracts reduction, or until they secure another position. 3. Impacted employees will be given two guaranteed interviews for DAEOP positions to which they have applied. 4. For positions where multiple impacted individuals request guaranteed interviews, hiring managers will be required to interview at least two (2) of the impacted individuals, but are suspended not limited from interviewing additional impacted individuals who may have applied to the position. 5. In addition to the above processes, the District will offer impacted employees information on effective job search techniques (e.g. resume writing, interviewing, etc.) 6. Impacted employees will be given time off for internal interviews if they are scheduled during the work day. 6.1.7 When an impacted employee accepts a position with a different work year from their reduced position, and that difference creates a potential break in service, the District will, in an attempt to avoid or minimize the break in service, pay out the employee’s vacation (if applicable) and modify the proration of the employee’s pay during the first year in the new position, after consultation with the employee. 6.1.8 When an impacted employee accepts a position in a lower classification, and her / his rate of pay is within the range of the new position, her / his rate of pay will remain the same. When an impacted employee accepts a lower level position and her / his rate of pay is above the maximum for the position, her / his rate of pay will be reset to the maximum salary for the new position. 6.1.9 If an impacted employee does not secure a full time position, they can opt to be converted to a part-time or hourly position dependent on availability and selection. 6.1.10 The employment of employees who do not secure a position will end on the date referenced in their written notification of reduction. 6.1.11 Nothing contained herein shall prevent the parties from mutually agreeing to modify the procedure should a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificatedoccur. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If When the Board determines that it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease shall implement a reduction in fundsforce, the following procedures shall apply.apply consistent with R.C. 3319.17(D): 1. Reductions Before implementing a reduction in force, the Superintendent or designee shall give written notice to the Association President of the Board’s intent to affect a reduction in force. The Association shall be made by given the suspending of contracts based upon opportunity to address the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of Board in an open meeting during the bargaining unit will be placed on a seniority list next regularly scheduled meeting for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the listpresenting, both orally and in descending order of seniority. Teachers serving limited contracts will be placed writing, its views on the list under continuing contract teachers, also proposed reduction in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaforce. 2. The names Board shall proceed to abolish positions and suspend contracts in accordance with the recommendations of teachers whose contracts are suspended in the Superintendent pursuant to R.C. 3319.17(C). Affected unit members shall be given written notice thirty (30) days prior to Board action of the Board's intent to implement a reduction in force will no later than the first day of June. Within each area of certification/licensure affected by the reduction in force, contracts shall be suspended pursuant to the recommendations of the Superintendent and in accordance with R.C. 3319.17. 3. An reduction in force shall be implemented at the end of a work year only. 4. A unit member who is certified/licensed in multiple areas and whose contract has been suspended may elect to replace or "bump" another unit member with a lower evaluation rating in an area of certification/licensure unaffected by the reduction in force, or if the other unit member in an unaffected area of certification/licensure has a comparable evaluation rating, the unit member may be bumped if the unit member has less seniority. The unit member "bumped" must have the lowest evaluation rating and be the least senior unit member in the unaffected area of certification/licensure. 5. Unit members whose contracts have been suspended shall be placed on a recall list for eighteen (18) months from list. Unit members employed under continuing contracts at the date time of the reduction. Teachers contract suspension may remain on the recall list will have for a period of five (5) years. Unit members employed under limited contracts at the following rights: a. Teachers time of contract suspension may remain on the recall list will for a period of thirty-six (36) months after the contract suspension. 6. A unit member whose name appears on the recall list shall be recalled when a position becomes available for which the unit member is certified/licensed (excluding temporary certifications/licensures). Within a given area of certification/licensure, such offers are to be made in the reverse order of seniority for vacancies reduction in areas for which they are certificated. b. If a vacancy occurs, force. No new unit members may be employed by the Board will send certified announcements to the last known address of all teachers while there are unit members on the recall list who are qualified according certified/licensed (excluding temporary certifications/licensures) for the opening in question. Unit members who have acquired a new area of certification/licensure after having their contract suspended shall be considered/interviewed for any vacancy not filled by recall in the area of certification/licensure they acquired after their contract was suspended. 7. The Board shall give written notice of an offer of recall by sending a registered or certified letter to these provisionssaid unit member at the unit member’s last known address. It is shall be the teacher's responsibility of each unit member to keep notify the Board informed of his/her current any change in address. All teachers are required The unit member’s address, as it appears on the Board's records, shall be conclusive when used in connection with an offer or other notice to respond the unit member. If a unit member fails to accept the offer of recall in writing to within fifteen (15) calendar days (excluding Saturdays, Sundays, and holidays) or within five (5) days (if the district office offer is delivered within ten (10) calendar daysdays prior to the start of a school year or semester) from the date said offer is delivered at the last known address of the unit member, said unit member shall be considered to have rejected said offer and shall be removed from the recall list. The most senior No unit member whose continuing contract has been suspended shall be removed from the recall list by reason of those responding will be given having declined recall to a position requiring a lesser percentage of full-time employment than the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept position the position, will forfeit all recall rightsunit member last held while employed in the District. c. 8. A teacher unit member on the recall list will, upon acceptance of the notification to resume active employment status, accepting an offer shall return to active employment status the system with the same seniority, accumulation of sick leaveleave days, and salary schedule placement as he/she enjoyed the unit member had at the time of layoffcontract suspension. 39. The parties agree that these After being removed from the recall list, a unit member must make application for employment in accordance with established procedures apply only if the unit member so desires to be considered for re- employment by the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtBoard.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. If the Board determines it is necessary suspends teaching contracts pursuant to reduce the number of bargaining unit positions under O.R.C. §ORC Section 3319.17 or for decrease in fundssubstantiated financial reasons, the following procedures shall apply. 1. Reductions seniority shall be made determined by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved the Cuyahoga Falls City School District. Continuous service shall not be broken by authorized leaves of absence absence, but will not interrupt seniority but time spent on such leave shall not count toward seniority. be broken by a resignation or any other termination (excluding suspensions) of employment. In the event two (2) If two or more teachers employees have the same length of continuous service, seniority preference will be determined bygiven: a) The date 1. To the bargaining unit member first hired by official action of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areaBoard. 2. If not resolved under Subsection 1, above, to the bargaining unit member who first applied for a certificated position in the Cuyahoga Falls City School District for which the bargaining unit member was hired (excluding substitute teaching), which is verified by the date stamp on the application. 3. If not resolved under Subsection 1 or 2, above, to the bargaining unit member who has the greater service in the system, regardless of continuity. 4. If not resolved under Subsection 1, 2, 3, or 4, above, to the bargaining unit member who prevails in a determination by pulling names out of a hat in the presence of the bargaining unit members, the superintendent or designee and CFEA president. B. Evaluations for any bargaining unit members who are applying for a continuing contract must be completed not later than April 1st. C. In the first week of February, the Administration will make available in each school building a seniority list, a copy to be provided to the CFEA President, of certificated staff members with continuing contracts, limited contracts, continuing ISGI teaching contracts, and limited ISGI teaching contracts. The names seniority list will identify years of teachers service, the date the bargaining unit member was hired by official action of the Board, certification(s) currently on file, current assignment, and system-wide seniority. D. Within ten (10) calendar days of the posting date of the seniority list, any corrections to the seniority list by staff members will be given to the Superintendent or designee, and a copy of the same will be provided to the CFEA President. A final corrected seniority list will be made available during the last week of February. Thereafter, bargaining unit members shall be eligible for retention in a RIF only in those teaching areas for which the bargaining unit member has filed a valid teaching certificate with the Personnel Office. E. Evaluation ratings for the year of reduction in force must be received prior to any reduction. At least forty-five (45) days prior to the Board action suspending teaching contracts implementing a RIF, the Board agrees to notify the CFEA President in writing of its intention to implement a RIF. Subsequent to this notification, the Board and the Association shall meet to discuss the anticipated reduction. Subsequent to this initial meeting, and after the employees affected by the reduction have been identified, such employees shall be notified of the anticipated suspension of their teaching contracts. This notification shall occur at least seven (7) days prior to Board action suspending contracts. No contracts shall be suspended under this provision after the last Board meeting in July. F. Bargaining unit members whose contracts are suspended in a reduction in force will shall forthwith be placed on a recall list for eighteen (18) months from list, a copy of which shall be given to the date of the reductionCFEA President. Teachers on the recall list will have the following rights: a. Teachers on the recall list will No new bargaining unit members shall be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, employed by the Board will send certified announcements to the last known address of all teachers while there are bargaining unit members on the recall list who are qualified according to these provisions. It is certificated for the teacher's responsibility to keep particular position the Board informed of his/her current address. All teachers are required intends to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsfill. c. G. A teacher bargaining unit member whose name appears on the recall list will, upon acceptance of the notification to resume active employment status, return shall be offered reemployment when a position becomes available for which he/she is certificated. Appropriately certificated bargaining unit members shall be returned to active employment status in order of system-wide seniority by rating, except that in all cases, continuing contract bargaining unit members, if any, shall have a preference over limited contract bargaining unit member. The following procedures shall apply: 1. The Board shall recall the bargaining unit member to active employment by giving written notice by registered or certified mail to the bargaining unit member. It shall be the responsibility of each bargaining unit member to notify the Board of any change in address. The bargaining unit member’s address, as it appears on the Board’s records, shall be conclusive when used in connection with an offer of reemployment. 2. If a bargaining unit member does not accept reemployment in writing, postmarked within fifteen (15) calendar days from the date said notice was delivered unless an extension is granted in writing by the Superintendent, said bargaining unit member shall be considered to have rejected the recall and shall be permanently removed from the recall list. 3. Bargaining unit members refusing recall in an area for which they hold certification shall be removed from the recall list except as provided below. a. All Art, Music, and HPE specialists must hold the proper special certificate. b. Bargaining unit members may refuse a recall in an area in which they are licensed if they have never taught in that area or not taught in that area for five (5) years or longer. 4. Each limited contract bargaining unit member shall remain on the recall list for twenty-seven (27) months from the bargaining unit member’s last day of active service, unless the bargaining unit member fails to accept recall or waives his/her recall rights in writing. 5. Each continuing contract bargaining unit member shall remain on the recall list for sixty-three (63) months from the bargaining unit member’s last day of active service, unless the bargaining unit member fails to accept recall or waives his/her recall rights in writing. 6. A bargaining unit member who is recalled shall be credited with the same seniority, Sick Leave accumulation and years of sick leave, and service for salary schedule placement as he/she enjoyed that the bargaining unit member had at the time of layoff. 3. The parties agree that these procedures apply only to contract suspension, plus any additional Sick Leave or service earned in the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with interim by teaching in any other lawful personnel procedures in the Ohio district.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. If The procedures contained in this Article apply only to reduction in force other than through attrition. A reduction in force occurs when the Board determines it is necessary decides to suspend contracts in order to reduce the number of bargaining unit positions under O.R.C. §3319.17 teachers because of decreased enrollment of pupils, suspension of schools, territorial changes affecting the district, teachers returning from leaves of absence, or for decrease financial crisis. The Board's decision not to fill a vacancy shall not be considered a reduction in fundsforce. A. Thirty days before the Board makes the final decision that a RIF will occur, the following procedures shall applyBoard will notify the Association with a list of positions to be eliminated and a list of teachers who will be affected and will also notify the affected employees. The Association has the right to discuss and question the decision. 1B. The 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, retire, or otherwise vacate a position, unless educational continuity would be affected. The Board may also consider laying off an employee who submits to the Treasurer written notice of his/her willingness to be laid off. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those The contracts to be suspended will be chosen as follows: a. 1. All members of the bargaining unit teachers will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving under limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. 2. Seniority will be defined as the length of continuous service as a certified certificated employee under regular limited or continuing contract for not less than half-time in this district. (1a) Board approved leaves of absence will not interrupt seniority but time spent on such a leave shall not count toward seniority. (2b) If two or more teachers have the same length of continuous service, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher was hired, and then by; b(2) The the date the teacher signed his/her initial employment contract in the district, and then by;of application. c(3) Any remaining ties will be broken by lot. c. 3. Recommended reductions in a teaching field will be made by selecting the lowest person lowest on the seniority list for that the area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided . Any such election must be made at the time the teacher is notified he/she will be affected. No teachers will be transferred or reassigned within six months before the RIF is certificated in that second areaeffect with the intent to cause a more senior teacher to be laid off before a less senior teacher. 2. C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) up to 24 months from the date of the reductionreduction takes effect. Teachers For recall purposes, a half-time teacher may be recalled for a half-time position or full-time position, but a full-time teacher may be recalled to but need not accept a half-time position to remain on the recall list. With the above exceptions, each teacher will remain on the recall list will have until the following rightsearlier of the following: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated1. He/she has been recalled. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the 2. He/she does not accept recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond by responding in writing to the district office Superintendent within ten seven (107) calendar days. The most senior business days of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance receipt of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffcertified recall letter. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. Teachers receiving a final summative rating of Accomplished shall be considered comparable; Teachers receiving a final summative rating of Skilled or Developing shall be considered comparable and teachers receiving a final summative rating of ineffective shall be considered comparable. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §Ohio Revised Code 3319.17 or for decrease in fundsfinancial problems, the following procedures shall apply.: 1. A. Reductions shall be made by the suspending of contracts based upon the Superintendent's ’s recommendation. Those contracts to be suspended will shall be chosen as follows: a. 1. All members of the bargaining unit will shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will shall be placed at the top of the list, list in descending order of seniority. Teachers serving under limited contracts will shall be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority 2. System seniority will be apply and is defined as the length total number of years of continuous service in the District. A year is defined as a certified employee under regular contract one hundred twenty (120) days of work and/or paid leave in this district. any one (1) school year. a. Board approved unpaid leaves of absence will shall not interrupt seniority seniority, but time spent on such leave shall not count toward seniority. Teachers shall accrue seniority while on paid leave. For the purpose of a RIF, a unit member who becomes an administrator and is no longer in the bargaining unit shall retain his/her seniority as a unit member but shall not accrue seniority while an administrator. b. If two (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a(1) The the date of the board Board meeting at which the teacher was hired, and then by; b(2) The the date the teacher signed his/her initial employment contract in the districtDistrict, and then by;then c(3) Any any remaining ties will be broken by lotthe Superintendent’s review of recent evaluations and judgment regarding the best interest of the District. c. 3. Recommended reductions in a teaching field will be made by selecting the lowest person lowest on the seniority list list, provided teachers involved have comparable evaluations, for that area of certification certification/licensure who is currently assigned to a position in that teaching field. A teacher and/or administrator so affected may elect to displace a teacher who holds a lower position on a seniority list for another list, provided teachers involved have comparable evaluations, in his/her area of certification, provided /licensure. In no event shall a non-tenured teacher displace a teacher with continuing contract status. Any such election must be made within seven (7) days of receipt by the teacher of notice that his/her contract will be suspended and of receipt of a list of teachers who could be displaced. A teacher being displaced will be notified that he/she is certificated in that second areabeing displaced within seven (7) days of the time displacement is known. Such displaced teacher shall be placed on the recall list. 2. B. The names of teachers and/or administrators whose limited contracts are suspended in a reduction in force will be placed on a the recall list for eighteen up to twenty-four (1824) months from the date of reduction. Teachers on continuing contracts shall remain on the reductionrecall list for forty-eight (48) months. Teachers on the recall list will shall have the following rights: a. 1. No new teacher will be employed by the Board while there is a teacher on the recall list who is certificated/licensed for the vacancy or new position in accordance with B. 2. and B.3., which follows: 2. Teachers on the recall list will be recalled in reverse order of seniority suspension for vacancies or new positions in areas for which they are certificated/licensed. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions3. It is the teacher's responsibility of the involved teacher to keep advise the Board informed of hisan address where he/her current addressshe can be reached. All teachers are required If the teacher fails to respond in writing to the district office within ten (10) calendar days. The most senior of those responding affirmative during the specified time period, he/she will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on removed from the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board shall have no further obligation to fill any vacancyhim/her. If the position which becomes available varies in length of service per day and/or year from the position from which the teacher was suspended, nor shall it interfere with any other lawful personnel procedures in the districtteacher may decline the position without being removed from the recall list.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If Section 1: District retains the Board determines it is necessary right described in NRS 288.150(3)(b) to reduce in force or layoff any employee because of a lack of work or lack of money or District reorganization or fiscal emergency as defined by NRS 288.150(4), as determined by the District, subject to the procedures described in this Article. Section 2: In the case of a personnel reduction and/or a reduction of services, due to the lack of work or lack of money, the employee in the classification affected by the reduction in force with the least seniority shall be laid off first. Any reduction in force shall be established by seniority in the Department. Departmental seniority shall be established from Article 45. Employees shall be recalled within one (1) calendar year (365 calendar days) of the effective date of the reduction in force in the order of their seniority if they remain qualified for the classification being recalled. No new employee shall be hired during this one (1) calendar year (365 calendar day) period until all laid-off employees have been given opportunity to return to work. Section 3: The District shall notify the Union of the need to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of employees who are on payroll within the bargaining unit will at least thirty (30) days before the effective date of a layoff. Such notice shall be placed on a seniority list for given in writing addressed to the Union by certified mail. The notice shall disclose the number of positions affected, the rank or classification of each teaching field for position so affected, and the division or divisions, if any, which they are properly certificated/licensedto be affected. Teachers serving under continuing contracts will be placed at Immediately after issuing the top notice, the District shall negotiate over the impacts and effects of the listlayoff with the Union. The District shall respond to any proposals which the Union may make in response to the subject matter of notice. Such impact and effect negotiations is not subject to the impasse procedures in NRS 288.200, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority288.205 or 288.215. b. Seniority will Section 4: Each employee who is to be defined as the length of continuous service reduced in rank or laid off as a certified employee under regular contract in this district. (1) Board approved leaves consequence of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will or the disbandment of any division shall be placed on given written notice, at least fifteen (15) days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him/her. The notice shall state the reasons for the action, and any rights, which the employee may have under the Department Policies and Procedures or this Agreement with regard to his/her employment. A copy of the notice also shall be delivered to the Union. Section 5: In the event that a recall list reduction in force results in the need for eighteen (18) months a redistribution of employees from superior ranks to lesser ranks, such reductions in ranks shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee's date of promotion. Upon being laid off an employee may elect demotion to any lower classification covered by this Agreement provided the employee can perform the job, and provided the employee has more seniority than the employee in the lower classification. Section 6: An employee who is laid off shall be paid for all accrued vacation and compensatory time in accordance with this Agreement. Section 7: All employees who are reduced in rank or laid off shall not suffer any loss in benefit or entitlement accrued prior to the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursaction, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar dayse.g., or who declines to accept the positionholidays, will forfeit all recall rights. c. A teacher on the recall list willvacation, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick personal leave, pension, and salary schedule placement as he/she enjoyed overtime, earned, accumulated and unused at the time of reduction in rank or layoff. 3Section 8: The employee shall receive the maximum salary for the lower classification. The parties agree If the current salary is less than the maximum of the lower classification, the employee shall receive the closest salary rate of the lower classification. Section 9: No employee shall be promoted in a class where a demotion occurred due to a Reduction in Force until those who were demoted are offered positions in that these procedures Class. Section 10: For the purpose of this Article, employee is representative of those non- supervisory, supervisory, and emergency support personnel covered under Article 2 of this Agreement. Section 11: In the event the District determines that it will offer employees incentives for voluntary, early separations of service or retirement, the District shall establish the criteria for eligibility and the amount of such incentive. Employees who elect to accept such offers may accept the incentive as a lump sum payment, and/or apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtincentive towards PERS credit purchases.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. In the event the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or need for decrease a reduction in fundsforce, the following procedures Administration shall apply.meet with the Association to discuss the following: 1. Reductions Reasons for the need to have a reduction in force. 2. Review of seniority list. 3. Review of reduction in force and recall procedures. 4. In the case of the employee’s job becoming nonexistent, the Board may give that employee thirty (30) days notice and will reassign said employee to comparable duties until the end of the thirty (30) day notice. B. Reduction in force/recall procedures: 1. Part time employees as defined in Article 6.0 of the Negotiated Agreement shall be made by the suspending terminated before any reduction in force of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All full time members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areacommence. 2. The names Employees shall be reduced in the inverse order of teachers whose contracts are suspended their seniority within the categories of position established in paragraph “C” below. 3. An employee dismissed because of a reduction in force will be placed on a shall retain his/her right to recall list for eighteen (18) months from the date of he/she was dismissed. 4. Employees shall be recalled to any position for which they are qualified to hold by seniority according to the reductionemployee recall seniority list. Teachers on the recall list will have the following rights: a. Teachers Ties in seniority on the recall list will be recalled in order of broken by an annual lottery. The employee recall seniority for vacancies in areas for which they are certificatedlist shall list employees by seniority. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers 5. Employees on the recall list who are offered re-employment in any category of position for which they are qualified according and decline such employment shall be removed from the recall list. Employees on the recall list must maintain an accurate, up to these provisionsdate address and telephone number with the District. When the District is unable to reach an employee on the recall list, vacancies may be offered to other employees who are also on the recall list. Employees who did not receive notification from the District will remain on the recall list until they have had an opportunity to reply to an offer or for eighteen (18) months whichever is shorter. The District will begin the recall procedure prior to the end of the school year. It is the teacher's responsibility of the District to keep notify the Board informed employees of his/her current addressthe vacancy. All teachers are required to respond in writing to the district office within ten (10) calendar daysNotification shall include telephone contact or by certified mail, return receipt requested. 6. The most senior District shall not hire anyone from outside of those responding will be given the vacant position. Any teacher who fails bargaining unit until it has attempted to respond within ten (10) calendar days, or who declines to accept fill the position, will forfeit all position with qualified employees from the recall rightslist. c. A teacher on C. REDUCTION IN FORCE: CATEGORIES OF POSITIONS Categories of position: for the recall list willpurpose of this article categories of position are: Office Supervisor Principal’s Secretary Specialist Secretary to include: Guidance Secretary Registrar Financial Secretary Student Services Secretary HS/MS Secretary Attendance Secretary Athletic Secretary Xxxxxx Associate Secretary Special Education/Classroom Paraprofessional LRC Paraprofessional Lead Campus Monitor Campus Monitor Maintenance Level 1 Maintenance Level 2 Maintenance Level 3 Maintenance Level 4 Maintenance Level 5 Maintenance Level 6 District Delivery Driver D. Employees affected by a reduction in force may replace an employee in another category of position if : 1. The employee, upon acceptance affected by the reduction in force, has more seniority than the employee in the category of position who would/could be displaced; and 2. The employee, affected by the notification to resume active employment statuslayoff, return to active employment status with has held the same seniority, accumulation of sick leave, and salary schedule placement as heposition which would/she enjoyed at the time of layoff.could be displaced; and 3. The parties agree that these procedures apply only to employee, affected by the suspension layoff, will not advance in position level on the salary schedule as a result of contracts under O.R.C. 3319.17 or for decrease displacing an employee of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districta different category of position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. In the event that it becomes necessary for the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsmembers employed by the District, the following procedures shall apply.will be followed: 1. Reductions shall be made The Board will make every effort to minimize the effects of any reduction in force on current staff by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen absorbing as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined many positions as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areapossible through attrition. 2. The names of teachers whose contracts are suspended in Any bargaining unit member(s) who will be affected by a reduction in force will be placed on notified within two (2) weeks of the time when such reduction is determined to be necessary. 3. A bargaining unit member whose position has been identified to be eliminated shall have the right to be offered a contract if a position for which the bargaining unit member is certified and qualified becomes vacant and available, subject to the recall list for eighteen time limits and conditions specified below. If more than one bargaining unit member is laid-off due to reduction in force, rights to vacant positions will be determined by the school board using the factors listed in #6 (18below). 4. The maximum period of recall shall be two (2) months years, running from the last date of their employment with the reductionDistrict. Teachers on During that time, it shall be the recall list will have sole responsibility of the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility bargaining unit member(s) to keep the Board District and NESPA President informed of his/her their current address. All teachers are required to respond in writing home mailing address which the bargaining unit member(s) has supplied to the district office and NESPA President. a. If a bargaining unit member fails to respond to a notice of recall within ten (10) calendar daysdays of its mailing by the District, or declines the recall offered, all rights to recall which the bargaining unit member(s) may enjoy are specifically extinguished. 5. The most senior A recalled bargaining unit member’s previous years of those responding service will not be lost as a result of reduction in force. 6. In identifying which bargaining unit member to release or recall, the school board shall consider all of the following factors: a. responsible in attendance b. job performance, including existing bargaining unit member evaluations c. overall effectiveness and ability d. academic preparation and professional growth e. certification and experience in the certified area All factors being equal, then seniority will control in making a final determination. Seniority is defined as the total number of years continually employed by the Northwood School District. 7. A released bargaining unit member will have the opportunity to substitute within the district and be given the vacant position. Any teacher who fails priority when substitutes need to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsbe contacted for employment. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If a. In the Board event the School Committee determines it is necessary to abolish secretarial positions or to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease employees in fundsthe secretaries’ unit, layoff will be in the following procedures reverse order of seniority within the secretarial divisions, subject to qualifications and skills. The School Committee and its agents shall applybe the sole judge of qualifications, so long as such determination is not unreasonable. 1. Reductions shall be made by b. For the suspending purposes of contracts based upon this Article, divisions are the Superintendent's recommendation. Those contracts to be suspended will be chosen secretarial classifications stipulated in Appendix A, Secretarial Classification Schedule, and are enumerated as follows: a. All (1) Classification I (52 week positions) (2) Classification II (52 week positions) Classification III (46 week (220 days) positions) (44 week (210 days) positions) Classification IIIa (42 week (200 days) positions) (Where secretary is not needed during February and April vacation). (3) A division of secretarial positions whose salaries are reviewed on a yearly basis: Payroll Clerk c. For purposes of the agreement: (1) Total continuous time as a regular employee in a position covered by this Agreement or in the bargaining unit in months and days shall be used to compute an employee’s length of service (seniority) as a secretary. An employee will acquire seniority after completing the probationary period and his/her seniority shall then date from the beginning of employment. (In case of a situation where two or more members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed appointed on the list under continuing contract teacherssame date, also and there is need for reduction in descending order of seniority. b. Seniority will be defined as force within the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt division, they shall draw lots to establish their relative seniority but time spent on such leave shall not count toward senioritystatus). (2) If two or more teachers have the same The length of continuous serviceservice of an employee shall be broken and no prior periods of employment with the School Committee shall be counted if such employee: voluntarily resigns his employment, seniority will be determined by:or is discharged by the School Committee. a(3) The date length of service of an employee shall not be broken, but no seniority shall accrue, if an employee who has been discharged only for reasons of RIF is re-employed in a position covered by this Agreement within a period of 18 months immediately following the end of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lotrecall period. c. Recommended reductions in a teaching field will d. Secretaries who are to be made affected by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force shall be notified thirty (30) calendar days prior to the date on which the reduction is to be effective, or payment will be placed made in lieu thereof. e. Secretaries who are on a recall list layoff shall, for eighteen twelve (1812) months from after the effective date of layoff, be provided an opportunity according to seniority status to apply for any secretarial positions that become available during this period. f. Appointment to such vacancies shall be based on merit and specific qualifications for each vacancy as determined by the reductionadministrator involved and the Superintendent for Curriculum and Instruction. Teachers on the recall list will Such determination shall not be subject to arbitration. g. An employee shall have the following rights: a. Teachers on the recall list will be recalled in order of seniority right to refuse re-employment for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of longer or shorter work year without jeopardizing his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightslayoff status. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If ‌ When the Board of Education determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundscertified staff positions, the following procedures shall apply.: 1. To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for employees who retire, resign, or whose limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions. 2. Reductions shall needed beyond those available by attrition will be made by the suspending of contracts based upon the Superintendent's recommendationor non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows: a. a). All members of teachers in the bargaining unit will be placed on a seniority list for lists in each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts This list will be placed at provided to the top Association President in accordance with Article I, B6 b). Reductions in any area of certification will be made from the bottom of the list, seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in descending order another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also reduction in descending order of seniorityforce only exist after equivalent evaluations. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) c). If two or more teachers bargaining unit members have the same length of continuous service, seniority will be determined by: a) 1. The date of the board Board meeting at which the teacher bargaining unit member was hired, and then by; b) 2. The date the teacher bargaining unit member signed his/her his initial employment contract in the district; 3. The date on which the bargaining unit member submitted the first completed job application within the two year period preceding the effective date of the teacher's first teaching contract with the Board of Education, if the date is available; 4. If any ties remain after (a), (b), and then by; (c) Any remaining ties ), they will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 23. The names of teachers bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for eighteen (18) up to 24 months from the date of the reduction. Teachers Bargaining unit members on the recall list will have the following rights: a. Teachers a). No new teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for the vacancy; b). Bargaining unit members on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated./licensed b. c). If a vacancy occurs, the Board will send a certified announcements letter by US mail to the last known address of all teachers bargaining unit members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her his current address. All teachers bargaining unit members are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. d). A teacher bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she he enjoyed at the time of layoff. Where group insurance policies permit, a bargaining unit member on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in those benefits which are provided to teachers in active employment provided the teacher pays the group rates for such benefits. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 11.1 No bargaining unit employee shall be laid off or have his/her work hours reduced because the Board determines contracted work outside the bargaining unit. 11.2 If it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 employees in any job classification due to a lack of funds or for decrease lack of work such reductions shall be limited, in fundsso far as practical, by attrition. 11.3 Twenty (20) days prior to a reduction in force, the following procedures Board shall apply. 1notify the Local Union President of the upcoming lay-offs and the necessity for it. Reductions The Board shall also prepare a list of names, classifications, and seniority dates of all affected employees to be laid off. Upon a reduction in force, all provisional and/or substitute employees shall be made by laid off first. All layoffs shall begin with the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, least senior employee and continue in descending reverse order of seniority. Teachers serving limited contracts will be placed on Any employee affected by the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed layoff may use his/her initial employment contract in classification seniority to bump or displace any less senior employee who has less classification seniority within the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area classification of certification who is currently assigned to a position in that teaching fieldlayoff. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in If a reduction in force will should occur and there is a case or cases where more than one employee has identical classification seniority, system seniority shall determine the order of layoff. If the system seniority is also identical the tie shall be placed on broken by a coin toss. 11.4 Each employee to be laid off shall be given fifteen (15) days advance written notice which shall include the following: A. Reason for the layoff; B. Effective date of layoff; and C. A statement advising the employee of his/her rights for unemployment benefits and his/her reinstatement rights. 11.5 Any employee who is laid off under the above provisions shall maintain his/her seniority and recall list rights for eighteen a period of (183) months three years from the date of the reductionlayoff. Teachers on the recall list will have the following rights: a. Teachers on the recall list will Employees shall be recalled in reverse order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurslayoff, with the most senior employee recalled first. Notice of recall to any employee shall be sent by the Board will send by certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisionsmail, return receipt requested. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within A laid off employee shall have ten (10) calendar days. The most senior working days from the date of those responding will be given receipt of such notice to accept or reject the vacant positionrecall. Any teacher who fails to respond within ten (10) calendar days, or employee who declines to accept recall shall be removed from the position, will forfeit all recall rightslist. c. A teacher on 11.6 An employee scheduled for layoff in one classification., who holds previous seniority in another classification, shall have the recall list will, upon acceptance of right to bump the notification to resume active employment status, return to active employment status with least senior employee in the same seniority, accumulation of sick leave, and salary schedule placement as former classification providing he/she enjoyed at has greater seniority in that classification than the time of layoff. 3current least senior employee. The parties agree that these procedures apply only employee may not displace employees in a classification if the employee does not meet the minimum qualifications of the classification. The employee who elects to bump shall retain all rights to recall to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require position in which the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtlayoff occurred.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A reasonable (i.e., non-arbitrary and non-capricious) reduction of employees may be made only when one (1) or more of the Board determines it is necessary following conditions exist: a. Decreased pupil enrollment; b. Return to reduce the number duty of bargaining unit positions under O.R.C. §3319.17 or for decrease regular teachers after leave of absence (in fundssuch a case, the following procedures notice provisions appearing in paragraph 1 below shall not apply); c. Suspension of schools d. Territorial changes affecting the District; e. Financial reasons. 1. Reductions On or before April 1 preceding an anticipated staff reduction, the Association President shall be made by notified of the suspending Board’s intent to consider a staff reduction. A meeting shall be held between representatives of contracts based upon the Superintendent's recommendationAssociation and the Board to review appropriate data indicating a need for a reduction. Those contracts The Association shall be informed as to why the reduction is deemed necessary, what teaching fields are to be suspended affected, the extent of the anticipated reduction, and will be chosen as follows: a. All members of the bargaining unit will be placed on provided with a seniority list of all employees. 2. The seniority list shall be prepared by listing all teachers according to continuous service in the District within all areas of certification/licensure. Those on continuing contracts shall be listed first according to continuous service in the District; then those on limited contracts shall be listed by continuous service in the District. The list shall include the date of initial employment (continuous) for each teaching field employee. An employee who actually works at least one hundred twenty (120) days within a given school year, irrespective of whether such service is full-time or part-time, will receive a full year of seniority credit; an employee who actually works fewer than one hundred twenty (120) days within a given school year will receive no seniority credit for which they are properly certificated/licensedthat year. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. If two (2) If two or more teachers have the same length of continuous service, seniority will shall be determined by: a) a. The date of the board Board meeting at which the teacher was hired, and then by;, b) b. The date the teacher signed his/her initial employment limited contract in the districtDistrict. c. If any ties remain after a) and b), and then by; c) Any remaining ties they will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting 3. To the person lowest on extent possible, the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names number of teachers whose contracts are suspended in affected by a reduction in force will be placed minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non- renewed. It is recognized, however, that attrition alone may be sufficient to accomplish necessary reductions. 4. Reductions needed beyond those covered by attrition will be made only by suspending contracts. The Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall, within each teaching field affected, give preference to teachers on continuing contracts and to teachers who have greater seniority. The position to be abolished will be applied to the seniority list. The teacher who presently holds this position is the teacher whose contract is to be suspended, unless it is possible for the involved teacher to replace a recall list teacher with less seniority in an area for eighteen (18which the involved teacher is properly certificated/licensed. A teacher whose contract is suspended, as a result of staff reduction, shall be given written notification no later than April 30 of the year the reduction is to be implemented. The notification shall state the reason(s) months from for the reduction and reason(s) for the selection of said teacher. 5. Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in the order of seniority in the District, if and when teaching positions become vacant or are created for which any of such teacher are or become qualified. After restoration of teachers with continuing contract, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of the reductionsuspension and shall continue through the next two (2) full school years. Teachers Where group insurance policies permit, a teacher on the recall list will who is unemployed and does not otherwise have the following rights:group coverage available may continue to participate in those benefits which are provided to teachers in active employment provided. a. Teachers on the recall list 6. No new teacher will be recalled in order of seniority for vacancies in areas for which they employed while there are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according in the teaching area in which a vacancy exists. When a vacancy occurs, the Board shall send a certified announcement to these provisionsthe last known address of teachers on the recall list who are qualified to fill the vacancy. It is the teacher's ’s responsibility to keep the Board informed of his/her current address. All teachers are required Any teacher who fails to respond in writing to the district Superintendent’s office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar business days, or who declines to accept the a full-time position, will shall forfeit all recall rights. c. . A teacher on the recall list willshall, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she the teacher enjoyed at the time of layoff. 37. The parties agree Administration will provide letters of recommendation for teachers affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon the request of the teacher. The personnel records and all references of teachers laid off as part of a reduction in force shall clearly indicate that these procedures apply only such was due to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall a reduction in force and was not require the Board due to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtunsatisfactory performance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If A. 1. When by reason of decreased enrollment of pupils, return to duty of regular classified employees after leaves of absence, or by reason of suspension of schools, lack of funds, abolishment of positions, or territorial changes affecting the district, the Board determines decides it is will be necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease employees, it may make a reasonable reduction. The Board shall determine in fundswhich job classifications the lay-off should occur and the number of employees to be laid off. In the job classification of lay-off, the following procedures shall apply. 1. Reductions employees on non- continuing contracts shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on laid off before any employee in that job classification employed under a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second arealaid off. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list When it becomes necessary to lay off employees for eighteen (18) months from the date any of the reduction. Teachers on reasons stated above, affected employees shall be laid off within the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified affected job classification according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status seniority with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffleast senior employee laid off first. 3. Any employee affected by such a reduction may displace according to district seniority a less senior employee in the following order. a. Within the same classification. b. Within the classification the employee held prior to holding the classification from which the employee was laid off. Any employee electing to displace a less senior employee shall be notified within five (5) working days after receipt of notification when a displacement/bumping meeting will be held. Any affected employee in the bargaining unit may request transfer into another department, after having received a notification of lay-off, should a vacancy becomes available in such other department and if it is determined by the Superintendent or his/her designee that the employee requesting transfer has the necessary skills, experience and proper certification for the position requested. Employees who transfer pursuant to this provision shall be governed by the transfer provisions of Article 12. Employees transferring in lieu of layoff will not vacate their recall rights as specified in this Article. 4. The parties agree that these procedures apply only employees who are affected by a lay-off shall be notified in writing a minimum of thirty (30) calendar days prior to the suspension effective date of contracts under O.R.C. 3319.17 or for decrease of fundslay-off. This article The President shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.be notified five

Appears in 1 contract

Samples: Collective Bargaining Agreement

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