Common use of REDUCTION IN FORCE Clause in Contracts

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 7 contracts

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

AutoNDA by SimpleDocs

REDUCTION IN FORCE. A reduction 8.01 Reduction-in-force for the reasons set forth in force O.R.C. 3319.17 as it exists on the date this Contract is ratified by the parties – i.e., return to duty of regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, financial reasons, or decreased enrollment of students in the District – shall be made within affected teaching areas based upon the Superintendent’s recommendation. The Superintendent’s recommendation as to which contracts shall be suspended shall be based upon the following: A. All bargaining unit members will be recognized when placed on a seniority list for each teaching field for which they are properly certificated/licensed. Employees serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Employees serving under limited contracts will be placed on the list below continuing contract employees, also in descending order of seniority. B. Recommendations for reductions in a teaching field will be made by selecting the lowest person on the seniority list in the affected employee’s area(s) of certification/licensure among all employees receiving a “comparable” summative evaluation rating. In determining the summative evaluation rating that will be utilized for purposes of this Article, the Superintendent will average the employees’ three most recent summative evaluation ratings (working off the numerical value of the assigned summative rating). If an employee does not have three summative evaluation ratings, the Superintendent will either utilize the one rating available if the teacher has only been in the District one year, or average the two ratings available if the teacher has been in the District for only two years. A teacher without a full position is eliminated or summative evaluation rating (i.e., a reduction in FTE within a job classificationfirst-year teacher if the RIF will occur prior to the end of the school year) shall be the first to have his/her contract suspended. In making his/her recommendations, the Superintendent must first reduce bargaining unit members on limited contracts and then bargaining unit members on continuing contracts. 1. Should there Employees with limited contracts will be an FTE reduction that does not result reduced utilizing the following order: a. Certification/Licensure within the affected teaching field. b. Comparable evaluations as defined below. c. When evaluations are “comparable,” seniority in a position being eliminatedthe District shall prevail, with the contract of the least senior regular limited contract employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, affected teaching field being the least senior regular employee within the job classification at the school/department being reduced in FTE will first to be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentssuspended. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing necessary reduction of bargaining unit member positions exceed the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary limited contract employees in the affected job classification(steaching field, continuing contract employees shall be reduced utilizing the following order. a. Certification/Licensure within the affected teaching field. b. Comparable evaluations as defined below. c. When evaluations are “comparable,” seniority in the District shall prevail, with the contract of the least senior continuing contract employee in the affected teaching field being the first to be suspended. 3. Comparable Evaluations: Suspension of bargaining unit members, and recall of eligible bargaining unit members whose contracts have been suspended pursuant to a RIF, will not be based upon seniority, except in circumstances when choosing between employees with “comparable” holistic teacher performance ratings. The application of the term “comparable” as applied to teacher evaluations shall be based on the following: For the term of this Contract, “comparable holistic teacher performance ratings” is defined as the average of the employee’s three most recent OTES evaluations in the District (if an employee has fewer than three OTES evaluations in the District, it is the average of the employee’s OTES evaluations in the District) such that: a. For employees with limited contracts: i. All employees rated “Ineffective” on their holistic teacher performance rating will be removed firstconsidered to be “comparable” to each other. ii. Probationary All employees in the affected job classification(s) rated “Developing” on their holistic teacher performance rating will be removed nextconsidered to be “comparable” to each other. iii. The regular employee(s) in the affected job classification(s) with the least seniority All employees rated “Skilled” on their holistic teacher performance rating will be removed nextconsidered to be “comparable” to each other. iv. A regular employee removed under clause All employees rated cAccomplishedon their holistic teacher performance rating will be considered “comparable” to each other. b. For employees with continuing contracts: i. All employees rated “Ineffective” on their holistic teacher performance rating will be considered to be “comparable” to each other. ii. All employees rated “Developing” on their holistic teacher performance rating will be considered to be “comparable” to each other. iii. All employees rated “Skilled” or “Accomplished” on their holistic teacher performance rating will be considered “comparable” to each other. C. Limited contract employees whose contracts are suspended shall be placed on a recall list for a period of twenty-four (24) months and shall have the right to restoration to service status as set forth above when bargaining unit positions become available for which they are qualified. Continuing contract employees shall remain on the recall list indefinitely. Employees with continuing contracts shall be given preference over limited contract employees on the recall list. 8.02 If the Board is contemplating the layoff of any bargaining unit members, it will displace so notify the employee with Association at least thirty (30) days before the least seniority proposed effective date of the layoff. Such notice will be in writing and will include the job classification at or below his/hersspecific positions to be affected, within the departmentproposed time schedule, according and the reasons for the proposed action. The Association shall contact the Superintendent to schedule a meeting to discuss the proposed reduction-in- force. The Administration will make available to the reverse order Association, at Board expense, all relevant data. Any bargaining unit member who is to be laid-off will be so notified in writing at least fifteen (15) days before the effective date of job progression. v. A regular employee who cannot displace another employee in the layoff. Such notice will include the proposed time schedule and the reason for the proposed action. If the Board is considering a reduction-in-force that will take place at the start of the following school year, the Board will notify the Association of the potential for a reduction-in-force prior to the end of the school year. The affected employees shall be notified as soon as possible after the Board acts on the Superintendent’s recommendation; however, the Superintendent shall hold-off making his/her own department under “d” abovespecific recommendations until the summative evaluation rating is calculated for the concluding school year. Nothing herein shall prevent the Board from conducting a reduction-in-force at times other than the start of a school year. 8.03 For purposes of this Article, because heseniority shall mean the length of continuous employment in a bargaining unit position as follows: A. Seniority shall begin to accrue from the first day worked in a bargaining unit position. B. Seniority shall accrue for all time an employee is on active pay status or is receiving workers’ compensation benefits. C. Time spent on inactive pay status (unpaid leave or layoff) shall not contribute to the accrual of seniority but shall not constitute a break in seniority. D. Employees’ seniority shall be determined based upon his/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority her length of continuous contracted service as a teacher in the District whose job he/she can performas reflected in STRS’s records. The exclusions set forth in Article 1.01(B) apply (i.e., service as a substitute does not count toward seniority). c. A regular E. No employee displaced from his/her job classification under this procedure will receive a minimum shall accrue more than one (1) year of thirty days noticeseniority in any work year. d. Any regular F. No employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is working in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose position classified as auxiliary services shall accrue seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event for purposes of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in reduction-in-force.

Appears in 5 contracts

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

REDUCTION IN FORCE. A 1401 Reduction in Force Reasons Whenever, by reason of lack of funds, decreased enrollment, return of employees from an authorized leave of absence, lack of work or the abolishment of positions, the Board may make a reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary : 1402 Elimination of Substitutes Reduction shall be accomplished first by resignation and probationary employees have been reducedretirement. If no bargaining unit members are scheduled to retire or resign at the time of the reduction, the least senior regular employee Board shall, within the each job classification at affected, suspend the school/department being reduced contracts first of members on limited contracts in FTE will be reverse order of their classification seniority and then on continuing contracts members in reverse order of their classification seniority. 1403 Displacement A bargaining member who is laid-off shall have the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least a member with less District seniority in another classification. A member who elects to displace a less senior employee within the member in another job classification that holds must have all of the FTE qualifications necessary to successfully perform all of the more senior employee had before work in the school/department was reduced in FTEposition into which they are bumping. When a bargaining unit member bumps into another position the member shall be placed on the first step of their pay range which will provide the member with an equivalent rate of pay to the position they formally held or at the rate for the new classification which is closest to the employee's former rate. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observedused: 1. There will be an annual reminder sent to all employees to update their personnel files with any new education or experience which may affect their qualifications for other positions in the district. A. The Board shall determine which positions will be eliminated. B. Five (5) business days prior to notifying any employees, the Superintendent will notify the Union President. C. The Board will determine the most senior of those employees affected by the layoff. D. The Superintendent will send one of two (2) possible letters to everyone with less seniority than the most senior affected employee: i. Temporary employees A letter informing the employee that his/her position has been selected for elimination and informing the employee that he/she must notify the Superintendent within seven (7) calendar days whether or not the employee wishes to exercise his/her displacement rights and indicating those classifications/positions the employee feels he/she is qualified (in accordance with Section 1403 of the affected job classification(scollective bargaining agreement) will be removed firstto fill. ii. Probationary employees A letter informing the employee that his/her position may be affected by a reduction in force (i.e., a more senior qualified employee may displace the affected job classification(semployee) and informing the employee that he/she must notify the Superintendent within seven (7) calendar days whether or not the employee wishes to exercise his/her displacement rights and indicating those classifications/positions the employee feels he/she is qualified (in accordance with Section 1403 of the collective bargaining agreement) to fill. E. The Superintendent will interview everyone who has expressed interest in a position that the employee may not be qualified to fill. If the employee's personnel file indicates that the employee is qualified for the selected classifications, no interview will take place. F. The Superintendent will notify any employee that he/she deems not qualified to fill a position. i. The employee may challenge the Superintendent's determination within seven (7) calendar days. ii. All challenges will be removed nextprocessed to expedited arbitration within ten (10) days from the date the last challenge should have been received. iii. The regular employee(s) in the affected job classification(s) with the least seniority G. There will be removed next. ivone meeting that all potentially affected employees will attend. A regular Each employee removed under clause “c” above will displace be permitted to select his/her displacement option, if any, in order of seniority. 1404 Recall List/Rights/Procedure The names of members whose contracts are suspended due to the employee with the least seniority reduction in force shall be placed on a recall list in the job classification at in which they were laid off. Such members shall retain recall status for a period of twenty-four (24) months. Members on the recall list have the following rights. A. No bargaining unit classification or below his/hersposition shall be filled by any person not a member of the bargaining unit while there are laid off bargaining unit employees on the recall list in that job classification or position. As long as there is a recall list for any classification, within the departmentBoard will notify each employee on a recall list of any vacancies interested employees must make the Board aware of their qualifications for the vacancy. Qualified employees will be recalled to vacant positions in order of seniority. Refusal of reinstatement to any less position will not terminate the recall status of the member. B. Bargaining unit members who are laid off shall be recalled as positions in their job classification become vacant. Members who are on the recall list shall be recalled in the order of their system seniority, according to the i.e., reverse order of job progressionlayoff. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

REDUCTION IN FORCE. A reduction 10.01 When the Board determines it is necessary to reduce the number of bargaining unit positions, the procedures and principles set forth in force R.C. 3319.172 will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationutilized. 1. Should there 10.02 The following classifications shall be an FTE reduction that does not result used for the purpose of defining pay classifications in the event of a position being eliminatedlayoff: Custodian Head Custodian Groundskeeper Maintenance 10.03 Within each classification affected, the least senior regular employee within the job classification employees will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedlaid off by classification seniority, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace with the least senior employee within laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board in a particular job classification that holds computed from the FTE latest date of hire or appointment to their present classification. Authorized leaves of absence do not constitute an interruption in continuous service, however, unpaid leaves shall not count towards seniority. In the more senior employee had before case of identical seniority, then the school/department was reduced in FTElast four (4) digits of the employee’s social security number will be used. The seniority impact highest number when read as a whole number would continue until only then be the last most senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsemployee. 2. Should there be 10.04 A bargaining unit member who is laid off has the right to "bump" a position completely eliminatedless senior bargaining unit member in another classification, based on system seniority (defined as the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number employee’s uninterrupted length of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) service with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hersBoard), within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because provided he/she does not have sufficient seniority or is qualified for the qualifications to perform position and has performed such job-related duties. In the case of job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedureabolishment, an employee may bump a less senior employee in the same classification. In all cases, a bumped employee may bump a less senior employee in the same classification (if any) according to the same process as in the preceding sentences, or bump a less senior employee (if any) in another classification, provided he/she is qualified for the position and has previously worked in the other classification. An employee may not acquire additional work bump into a position that would result in a promotion (i.e., more hours in displacing another employeeor higher hourly rate). i. 10.05 Ten (10) days prior to the effective date of lay-offs, the Board shall prepare and post, for inspection, in a conspicuous place, a list containing the names, seniority dates and classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the lay-off. Each notice of lay-off shall state the following: (a) Reasons for the lay-off or reductions. (b) The effective date of lay-off. (c) A statement advising the employee of his/her rights of reinstatement from the lay-off. 10.06 An employee whose name appears on the RIF list shall be offered re-employment in order of system seniority does not permit him/her to remain at work under when a position in the provisions of this procedure will be bargaining unit becomes available that the laid off from employee has previously held. Written notice of such vacancy shall be sent by certified mail to the District. j. In employee’s last known address. If the event of a substantial layoffemployee fails to accept re-employment, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.writing, post-marked within ten

Appears in 4 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. A 7.1 Employees laid off because of closing of buildings, abolition of position, lack of work or funds may regress through the classifications in the similar position or classification for which he/she is qualified if the laid off employee’s seniority exceeds that of the employee in the classification in that position. The displaced employee shall be, in turn, able to displace any less senior employee in the classification; this process may continue in the classification until the least senior employee is displaced. Seniority shall be as defined in Section 6.5. 7.2 If an employee is unable to displace an employee within his/her classification, he/she may bump an employee in another classification on the basis of seniority, provided that the employee has the necessary qualifications as determined by the Superintendent. Any determination by the Superintendent as to qualifications shall not be made arbitrarily or capriciously. 7.3 As an alternate lay off method, should an employee’s hours be reduced below the level of hours posted in the employee’s last successful bid(s), the employee may displace any less senior employee(s) whose position(s) he/she is qualified to perform, as determined by the Superintendent, and whose hours will have the least effect upon the displaced employee. Any determination by the Superintendent as to qualifications shall not be made arbitrarily or capriciously. Any employee bumped or displaced by another reduced employee shall have the same rights to displace another employee in accordance with the procedure set forth in this Article. 7.4 Employees, laid off shall be reinstated to employment in positions for which they are qualified when these positions become vacant after the procedure outlined in Article 6 has been exhausted. Employees with the highest seniority date of continuous employment shall first be reinstated to employment. Employees laid-off pursuant to these provisions shall remain on the recall list for a period of two (2) years. 7.5 Substitute employees shall not accumulate seniority and are not considered as either regular full-time or regular part-time employees. 7.6 The number of employees subject to reduction in force will be recognized when either minimized, insofar as is practical, by not employing replacements for employees who resign, retire or otherwise vacate a full position is eliminated or a reduction in FTE within a job classificationposition. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 4 contracts

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

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of Xxxxxxxxx employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a full Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is eliminated or reduced and/or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take Reduction In Force takes place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observedwill apply: i. Temporary employees in the affected job classification(s(a) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The All temporary and regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will part-time would be laid off from first. Employees that are serving the Districttwelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. j. In (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the event CITY. (c) Regular employees who, as a result of a substantial layoffReduction In Force, the District will meet with the representatives are placed into previously held classification may be subject to a training period of the BVCEA in an effort up to resolve issues related to such a reduction in force.six

Appears in 3 contracts

Samples: Supervisors Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A In the event of a need to reduce the number of support personnel due to lack of funds, unforeseen emergencies, and lower enrollment, the reduction in force (RIF) procedure will be recognized as follows: 1. Normal attrition throughout the District 2. If normal attrition does not sufficiently reduce the support personnel staff, seniority will be the determining factor in reduction or work force. Seniority will be computed from the first day as an employee in the Xxxxxxxx School system. Seniority shall be defined as uninterrupted employment from the first day of work for all support personnel, with the exception of part time employees whose hours will be figured. 3. For the purpose of this provision, all employees shall be placed in one of the following classifications based on their current assignments: a. Teacher Assistant b. Bookkeeper/Cashier c. Bus Driver d. Cafeteria e. Custodial f. Custodian/Bus Driver g. Maintenance h. Secretary (office) i. Administrative Secretary j. Secretary Assistant k. Mechanic (General) l. Mechanic Assistant 4. The employer shall prepare, maintain, and post the seniority list. The initial seniority list shall be prepared and posted conspicuously in all buildings of the District after the effective date of the agreement with revisions and updates prepared and posted semi-annually thereafter. 5. An employee working more than one classification shall be placed on all appropriate seniority lists 6. State and Federal programs and statutes shall be observed where applicable for specifically funded programs. Except when either a full position is eliminated or prohibited, all employees shall receive seniority rights as provided in this agreement. 7. In the event of a reduction in FTE within a job classificationforce (RIF) a. The employer shall identify the specific position to be eliminated and shall notify, at least thirty (30) days prior to the effective date of any layoff, the employee in that position. 18. Should there be an FTE reduction that does not result in a position being eliminated, In the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside event of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees work hours in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the a department, according to the reverse order of job progression. v. A regular an employee who cannot displace may claim seniority over another employee in for the purpose of maintaining his/her own department under “d” abovenormal work schedule, because provided he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more has greater departmental seniority than the employee he/she displaces seeks to replace. In no case shall a reduction of any employee’s work hours take effect until the employer gives ten (10) working days written notice to the affected employee(s). a. Obligation with respect to re-employment: Employees will be considered for recall following reduction in force according to their qualifications and must be qualified seniority. If qualifications are equal, the recall will occur in reverse order to perform the job of reduction. The Board shall strive to return the employee he/she displaces. The determination of qualifications rests solely with to the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her position held prior to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceforce or to a substantially equivalent position.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A i. When a reduction-in-force is necessary, based on budget constraints, reorganization of staff, or any other reason deemed appropriate by the School Board, the following reduction in force procedure will be recognized when either a full position is eliminated or a reduction in FTE within a job classification.used: 1. Should there be an FTE reduction As soon as it is determined that does not result in a position being eliminated, reduction-in-force becomes necessary the least senior regular employee within President of the job classification Association will be subject to an FTE reduction. Throughout BVSD notified in writing, specifying the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside nature of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsproposed reduction. 2. Should there Reductions will first be a position completely eliminatedaccomplished by attrition (resignations, the following will take place: a. District seniorityretirements, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the Districtrefusal to contract). b. When it becomes necessary to implement a reduction in force, the following procedure shall 3. Layoffs will be observed: i. Temporary employees in the affected inverse order of seniority within this bargaining unit or for a specific job classification(s) will be removed first. iiclassification and/or area of certification. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(sSeniority is defined as total years of service (complete years plus fraction thereof) in the affected job classification(s) with the least seniority will be removed next. ivMTA bargaining unit. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial tie, total District seniority shall be used to determine most/least senior. 4. At the time of layoff, employee will be paid any accrued time due as per CBA 5. Should a tie exist after the District process in Paragraph C has been completed, the Association, the District, and, if possible, the affected employee(s) shall jointly conduct a lottery to determine the employee(s) with greatest service. The lottery (coin toss) will meet be held in conjunction with the representatives Director of Human Resources, MTA Leadership and the BVCEA affected employee(s). 6. The district will reinstate employees in the inverse order of their being laid off, with no loss of credit for previous years of service. 7. No new employees shall be hired for any vacancy while there is laid off personnel available and qualified to fill those positions. 8. Impacted employees will be placed on a recall list for a period of twelve (12) months. 9. Staff shall be responsible for notifying the Director of Human Resources and the Association in writing of their current addresses. Recall notices shall be mailed certified, return receipt requested. 10. If a position for which the laid off employee is qualified becomes available, the Director of Human Resources will contact that employee with an effort offer of employment. 11. The employee will have ten (10) business days to resolve issues related to such a reduction in forceaccept or decline the offer of employment. 12. If the employee refuses the offer, he/she will be removed from the recall list. 13. If the employee accepts the offer, he/she will assume their original date of hire with no loss of credit for previous years of service, less the time the employee was laid off. Employees shall retain previous seniority.

Appears in 3 contracts

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

REDUCTION IN FORCE. A reduction A. In the event the Board of Education determines it is necessary to reduce employees due to: lack of funds, lack of work, declining enrollment or abolishment of positions, the Board and Superintendent will follow the procedures listed below in force will determining bargaining unit contract suspension. B. In making reductions, attrition shall first be recognized when either a full position is eliminated or used to affect a reduction in FTE within a job classificationforce. If further reduction is required, then the Administration/Board will notify the President of the Association and the affected staff no less than fifteen (15) days prior to such reduction. All employees placed on the RIF list will be so advised. 1. Should there be an FTE reduction that does not result in C. In making a position being eliminatedreduction, the least senior regular Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall, within each pay classification affected, give preference first to employees under continuing contracts and then to employees on the basis of attendance. Attendance considerations shall be based on factors including: employee within attendance history and patterns of absences. If two or more employees are deemed to have equal attendance by the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedadministration, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace contract of the least senior employee within will be suspended, in order of classification seniority. D. On a case-by-case basis, in lieu of suspending a contract in whole, the job classification Board may suspend a contract in part, so that holds an individual is required to work a percentage of the FTE time the more senior employee had before otherwise is required to work under the school/department was reduced in FTEcontract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. E. Any employee whose continuing contract is suspended under this Article shall have the right of restoration to continuing service status if and when a nonteaching position for which the employee is deemed qualified by the administration becomes vacant or is created. The order of recall shall be based on classification seniority impact would continue until only for vacancies in areas for which they are qualified as determined by the last senior employee(s) are impactedadministration. No further reductions will occur outside employee whose continuing contract has been suspended under this Article shall lose that right of restoration to continuing service status by reason of having declined recall to a position requiring fewer regularly scheduled hours of work than required by the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsposition the employee last held while employed by the Board. F. A continuing contract employee shall remain on the recall list for a period of two (2) years from the effective date of contract suspension. Should there be Vacancies that occur in a position completely eliminated, for which the following suspended employee is qualified will take place: a. District seniority, rather than departmental seniority, be offered to and accepted by the employee within three (3) days of receipt of notice. Any employee who declines reinstatement or fails to respond within three (3) days of receipt of notice shall prevail when reducing the number of employees within a department or in laying off employees be removed from the District. b. When it becomes necessary to implement a reduction in force, the following procedure recall list. It shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in suspended employee’s responsibility to keep the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order Board apprised of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovehome address. To the extent there exists a conflict, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces these provisions supersede and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under replace the provisions of this procedure will be laid off from the DistrictORC Section 3319.172. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 3 contracts

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

REDUCTION IN FORCE. A It is understood between the parties that budget reductions and program changes may cause separations and/or reductions of hours affecting classes represented by PDOCC. The practice privileges of any represented employee shall not be affected by reduction in force will force. The following procedures shall be recognized when either a full position is eliminated or a reduction in FTE within a job classificationfollowed. 1. Should there Represented classifications are as follows (hereinafter referred to as “PDOCC Classifications”) in this Section: • Primary Care Provider • Primary Care Provider – Limited • Ambulatory Care Provider • Dentist • Emergency Medicine • Hospitalist • OB/GYN – Full Spectrum • OB/GYN – FM – Adv. OB • Optometrist • Oral Surgeon • Pathologist • Pediatrician – Ambulatory • Pediatrician – Hospital • Psychiatrist – Adult • Psychiatrist – Pediatric • Psychiatrist – PES/Detention • Resident I • Resident II • Resident III 2. An employee’s seniority for layoff and displacement purposes shall be determined by the date of hire into an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the existing or previous PDOCC-represented job classification will be with the County. 3. It is management’s decision whether or not to have a reduction in force and the decision is not subject to an FTE reductionthe grievance procedure. 4. Throughout BVSD Once management has determined the need for a reduction in FTE force, it is management’s decision which PDOCC Classification(s) to reduce and by how much to reduce each PDOCC Classification(s). However, management agrees to meet and confer over the effects and impacts of its decisions prior to implementation. This section is not subject to the grievance procedure. 5. Reductions will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace by eliminating the least senior employee within the based on date of hire into an existing or previous PDOCC-represented job classification that holds with the FTE County until management has completed the more senior desired reduction. Displacement shall be subject to the employee had before meeting medical staff minimum qualifications for the schoolclassification into which the employee bumps. An employee may only bump into a PDOCC-represented classification to which she/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentshe previously held. 26. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department an employee have his/her hours reduced or in laying off employees from the District. b. When it becomes necessary eliminated due to implement a reduction in force, the following procedure shall employee has the right to be observed: i. Temporary employees in the affected job classification(srehired back within four (4) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order years of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because layoff date to perform the work of the PDOCC Classification they previously had before anyone new is employed in that PDOCC Classification. The employee seeking rehire must have maintained current competence and be eligible for basic unrestricted privileges necessary to perform the typical work of the PDOCC Classification to which he/she does desires to be rehired. 7. Employees who voluntarily leave employment do not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority rehire rights as outlined in the District whose job he/she can perform#6 above. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with 8. Temporary employees and Locums Tenens working in classifications and areas that the job. f. In order County intends to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work lay off or reduce hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort or given notice to resolve issues related stop working before any PDOCC member is laid off or has his/her hours reduced due to such a reduction in force. 9. The County will provide PDOCC and any PDOCC members who, as a result of a workforce reduction, would suffer layoff or hours reduction with sixty (60) calendar days’ notice of layoff or hours reduction. If the affected member could “bump” (see item 5 above), the member would have fourteen (14) calendar days to notify the County of this intention. The County would then give sixty (60) calendar days notice to PDOCC and to the member who was “bumped”. If the provisions in Items 10 and 11 above applied, this cycle would repeat until reduction in force had been accomplished. 10. Seniority is maintained for any employee who has a break in service of less than two

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

REDUCTION IN FORCE. A A. In the event a reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject Police Management Unit becomes necessary in order to meet the budget reduction requirements, an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee appropriate number of Sergeant/Civilian Supervisors with twelve (12) months or less service as a Sergeant/Civilian Supervisor who were promoted from within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/departmentPolice Department shall exercise their reversion rights. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior affected employee(s) are impacted. No further reductions will occur outside who, by an exercise of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, displaces a less senior employee shall prevail when reducing be compensated at the number step in the new classification equal to or closest to his/her present step rate of employees within a department or pay provided that no increase in laying off employees from the District. b. When it becomes necessary gross pay results. Prior to Management’s decision to implement a any further reduction in force, the District agrees to meet and discuss with the Association alternative methods to accomplish necessary budget reductions in lieu of further lay-offs. B. The effective date and duration of any reduction in force or alternative budget reduction solutions shall be determined by Management. However, each succeeding fiscal year the BPMA reserves the right to meet and discuss with the District the continued implementation of prior alternative budget reduction solutions. C. In the event a reduction in force becomes necessary, the following procedure shall be observedapply: i. Temporary employees 1. An employee shall be ranked by classification grouping in accordance with his/her appointment to the specific classification. Groupings in descending order are: Police Lieutenant Police Sergeant/Civilian Police Supervisor CAD/RMS Administrator 2. Position reductions within classification groupings shall be in inverse classification seniority order with the least senior employee appointed to the classification affected job classification(s) will be removed first. ii3. Probationary employees in the An affected job classification(s) will employee shall be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order allowed to displace another a less senior employee as provided in section 2 above, within any descending classification grouping by an exercise of department seniority providing such displacing employee must have more seniority than the employee he/she displaces and must be is fully qualified to perform the job functional tasks of the displaced employee. No training other than familiarization/orientation shall be conducted by the District. An employee failing to qualify after displacing a lesser senior employee by an exercise of seniority shall be laid off. 4. An employee who by an exercise of department seniority displaces a less senior employee shall be compensated at the step in the classification equal to or closest to his/her present step rate of pay in effect at the time of the reduction in force provided that no increase in gross pay results. Recall rights cease eighteen (18) months subsequent to the date the employee was laid off. 5. An employee laid off by the District by the above reduction in force procedure shall be recalled in accordance with department seniority to a position which he/she displacesis qualified to perform. The determination Recall shall be by certified mail, return receipt requested. Failure to indicate reinstatement intentions within five (5) working days of qualifications rests solely with delivery of the recall letter shall be considered as a voluntary resignation and such employee shall be terminated by the District. An employee who fails to return to work within ten (10) additional working days for reasons other than temporary physical disability as certified by a physician shall be terminated in a like manner. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. 6. An employee whose seniority does not permit him/her last holding a position of higher rank shall have first opportunity, by classification seniority, to remain at work under revert to a position classification formerly held whether such employee is temporarily displaced within the provisions of this procedure will be laid off department or separated from the DistrictDistrict through voluntary layoff. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 3 contracts

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

REDUCTION IN FORCE. Criteria for Eliminating Positions A. When the decision is made to reduce staff, the Board may exclude positions to guarantee meeting the needs of the students and the needs of programs of the district. B. Prior to making a recommendation to the Board related to sections A reduction in force above, the administration shall meet with the Association to discuss the proposed recommendations for excluded positions. Once a determination has been made as to which positions should be eliminated, then the basis that will be recognized when either a full position is eliminated or a reduction used in FTE within a job classification.determining which teachers to retain in the in the affected position(s) will be the composite evaluation rating of the teachers holding such positions as measured by the District’s Teacher and Leader Effectiveness System (TLE) for each year in which the TLE has been in effect. If the composite ratings of the teachers in the affected positions are the same, then the following, in this order, shall be considered: 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur Seniority in the following manner: a. After temporary and probationary employees have been reduceddistrict established from the first reporting date to work, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at with continuous service from that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdate. 2. Should there Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, minor endorsement on provisional. 4. certificate and number of college credit hours in the area of teaching assignment as evidenced by position on the teacher salary schedule.) 5. A lot drawing by the District in the presence of an authorized representative of the Association. Only those teachers who have an average three-year ranking of “effective” or above will be given bumping rights. If three years of rankings are not available, the district will use an average of available years. In order to bump, a teacher must be certified in the position they seek to move into and must meet all state and federal requirements necessary to hold that position. In the event a teacher eliminated through RIF is certified to hold a position completely other than the one being eliminated, said teacher may bump another teacher in that position, as long as the following will take placeteacher has seniority over that person and has an average composite ranking score that is greater than the other teacher. If the composite rating of the teachers in the affected positions is the same then the following, in this order, shall control bumping: a. District seniority1. Seniority in the district established from the first reporting date to work, rather than departmental senioritywith continuous service from that date. 2. Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, shall prevail when reducing the minor endorsement on provisional certificate and number of employees within a department or college credit hours in laying off employees from the Districtarea of teaching assignment as evidenced by position on the teacher salary schedule.) b. When it becomes necessary to implement 4. A lot drawing by the District in the presence of an authorized representative of the Association. Teachers who are released because of a reduction in force, and who have maintained an overall rating of at least effective on the following procedure TLE from the previous year, will have priority for one year after the termination date in filling vacancies and new positions for which they are qualified. Throughout the first year after reduction in force, terminated teachers who have maintained an overall rating of at least effective on the TLE from the previous year will be placed on a recall list. Teachers on this recall list will be notified by certified mail of position vacancies for which they have priority. Teachers qualified for a vacancy by certification, experience, and/or continuing education equivalent shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iiirecalled by seniority. The regular employee(steacher so notified must accept the position in writing on or before ten (10) in calendar days from the affected job classification(s) with date the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according notice was mailed to the reverse order of job progression. v. A regular employee who cannot displace another employee in teacher or they forfeit the position and their name is permanently removed from the recall list. It shall be the teacher’s responsibility to see that the district has his/her own department under “d” above, because he/she does not have sufficient seniority or current address on file and the qualifications to perform address retained on the job satisfactorily, will displace district’s records shall be the employee with the least seniority in the District whose job he/she can perform. c. address utilized for recall purposes. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee teacher who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure recalled will be laid off given credit for all previous teaching experience approved by the State Department of Education. Only teachers recalled from the District. j. In recall list shall be reinstated to career status, if any, and seniority possessed by the event recalled teacher on the date such teacher’s termination as a result of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceforce became effective.

Appears in 3 contracts

Samples: Procedural Agreement, Procedural Agreement, Procedural Agreement

REDUCTION IN FORCE. A reduction It is understood that seniority rights are bargaining unit wide, and irrespective of job title. Reduction in force will (RIF) procedures, however, shall be recognized when either a full specially treated and outlined in this section. The following rules apply in RIF situations: A. When any food service position is eliminated or needs to be reduced in excess of one and one-half hours per day (which effectively eliminates the position), then such situation is to be considered a RIF and reassignment or “bumping” of employees needs to take place; and B. Only an employee who is directly affected by a reduction in FTE within hours or job elimination during a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee RIF situation may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will “bump” or take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of a less senior employee. Employee, who due to higher seniority are above the effects of bumping, may not use the RIF situation to bump others; and C. A RIF affected employee he/she displaces. The determination may “bump”, or take the job of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another any less senior employee who is in a higher rated the same or lesser paying job classification.title; and h. Under this procedure, an D. Any employee who has been bumped may bump any less senior employee in his same or lesser paying job title; and E. A bumping employee may not acquire additional work hours bump another less senior employee in displacing another employeea higher paying job title, unless the bumping employee is 1) more senior than the employee being bumped, and 2) has demonstrated in-district experience in that same higher paying job title of at least 90 calendar days, and 3) has worked, pursuant to assignment, in such job title within the last four years; and, F. Once begun, bumping shall continue until the least senior bumped employees are ultimately laid-off. Hence, the reduction in force of food service staff will be accomplished by laying off a sufficient number of the least senior members of the bargaining unit. i. An Section 10.7.1. The employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort earliest hire date shall have absolute rights regarding lateral transfers resulting from a RIF to resolve issues related to such a reduction in forceposted position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. A reasonable reduction in force instructional staff members may be made in the event that a reduction becomes necessary as a result of a decreased enrollment of pupils, elimination of subjects or classes, return to duty of regular teachers after leaves of absence, financial reasons, or by reason of suspension of schools or territorial changes affecting the District. B. When such reduction is deemed necessary, the reduction will be recognized when either a full position is eliminated or a reduction made in FTE within a job classification.accordance with the following provisions: 1. Should there be an FTE reduction that does not result in a position being eliminated, The Superintendent shall provide written notice to the least senior regular employee within Association with the job classification reasons for the RIF. A seniority list of all employees will be subject to an FTE reduction. Throughout BVSD provided with the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentswritten notice. 2. Should there The seniority list shall be prepared by listing all teachers according to continuous service in the District within all areas of certification. 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 employee. Teachers using any Board approved leave of absence shall not lose the seniority held prior to the leave, nor shall they gain additional seniority for the time on leave (e.g., a position completely eliminatedleave of absence shall not break any employee's continuous employment). If ties occur in seniority regarding academic years of service, the following will take placesuch ties shall be broken as follows: a. District seniorityfirst, rather than departmental seniorityby earliest date of Board action to employ, shall prevail when reducing the number of employees within a department or in laying off employees from the District.and then b. When it by earliest date on which the employees signed their initial employment contracts, and then c. by earliest date on which the employees submitted completed job applications, and then d. if ties still remain, by lot if and when such becomes necessary in order to implement a staff reduction. 3. Teachers holding temporary certificates shall be the first to have their contracts suspended. If further reductions are necessary, then the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent, who shall recommend reductions in a teaching field by selecting the lowest person on the seniority list in that area of certification. A teacher so affected may elect to displace another teacher who holds the lowest position on the seniority list in another area of certification provided he/she holds a valid certificate in the area. 4. A teacher who may be affected by a reduction in forceforce shall be given written notification in a conference with the Superintendent and an association representative of the teacher’s choice as soon as the possible need of such reduction becomes known. The notification shall state the reason(s) for the reduction. and reason(s) for the selection of said teacher. The personnel records and all future references of those employees laid off pursuant to this policy shall clearly indicate that such was due to a reduction in force and was not due to unsatisfactory performance. 5. Teachers whose continuing contracts are suspended shall have the right to restoration to continuing service status upon the recommendation of the superintendent. Recommendation will be made in the order of seniority of service in the District, if and when teacher positions become vacant for which any of such teachers are certified, and only among those teachers with comparable evaluations. After restoration rights of teachers with continuing contracts, those on limited contracts shall also be restored in the above-described manner. C. The teacher shall return to work upon being called back by the Board by registered letter. If the teacher fails to return to work as requested, the following procedure teacher shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according lose all right to the reverse order restoration of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovecontract. The teacher shall, because at all times, have the obligation of keeping the Board apprised of his/her present address, and the Board shall notify the teacher at the address so filed with the Board. The Board shall have no other duties in seeking to notify the teacher of his/her opportunity to return. D. A teacher whose contract is suspended shall be placed on a recall list, for a period of two (2) full academic years, stating years of continuous service to the District, subject(s) and/or grade levels certified to teach, and type of contract held at the time of suspension. A teacher may verify new areas of eligibility on the recall list by filing any new certification in the Superintendent's office by April 1. A teacher on the recall list shall be offered a contract for a position for which he/she does is certified as positions become available and, only among those with comparable evaluations, in keeping with the seniority provisions (inverse order: last discharged, first employed). E. A teacher may grieve only that he/she, himself/herself should not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performbeen laid off. c. A regular employee displaced from F. Any award for back pay shall be reduced by any compensation, including unemployment compensation received, during the period in which the teacher was actually laid off. G. The Board reserves the right to nonrenew the contract of any limited contract status teacher pursuant to the terms and conditions of this CBA. H. During the restoration period, a teacher shall be eligible to have his/her job classification insurance coverage(s) continued under this procedure will receive a minimum of thirty days noticeCOBRA. d. Any regular employee displaced I. If an Association member retires while under this provision may also follow this procedurea RIF, the member shall be paid 100% of severance during the first year of the restoration period, and 50% of severance during the second year of the restoration period. e. When an employee acquires a job under this procedure, his/her seniority will go with the jobJ. There may be involuntary transfers used to accommodate RIF recall. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, A. In the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When event it becomes necessary to implement a reduction in forcereduce classified staff due to lack of funds, lack of work, or building closures, the following procedure shall be observedgovern such layoffs: i. Temporary 1. The number of employees affected by reductions shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire to otherwise vacate a position. 2. Prior to the board instituting such reductions in the affected classified staff the Board and the Union shall meet to discuss such reductions. B. In any reduction, seniority within a classification shall prevail. Seniority shall be determined by the employee’s most recent date of hire with the Board in a particular job classification(s) classification (for reduction in force purposes only). In case of identical seniority, the following shall be the determinate: 1. First date on payroll as a regular employee. 2. Application date and time stamp. In the event the employee submitted an application online, the date a completed application is submitted to the Board will be removed firstused as the “application date.” 3. Toss of coin. iiC. When it has been determined that a reduction is necessary, temporary and seasonal employees shall be laid off first. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) Additional reductions shall begin with the least senior employee in the classification. Employees affected by a reduction in force shall be given advance written notice of layoff by April 30 of the year such reduction in force occurs, to be effective at the end of the employee’s work year. A list of affected employees and their seniority dates shall be given to the President of the Union. Any employee affected by a reduction shall be granted displacement rights. Displacement shall be exercised on the basis of system seniority. Any employee affected by such a reduction shall displace a less senior employee in the following order: 1. Within the same classification. 2. Within the same classification series. 3. Within the classification the employee held immediately prior to holding the classification from which the employee was laid off. 4. Bumping shall not be utilized to increase an employee’s compensation or hours of work. Any employee who displaces a less senior employee and accepts less hours will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according recalled to the reverse order of job progression. v. A regular employee who cannot displace another employee first available position in his/her own department under “d” aboveformer classification and hours or pass before any employee who has been laid off or any new employee is hired. An available position will be the position that is available after all employees in the classification who have the same hours as the position being recalled have had the opportunity to transfer by seniority to other buildings. The transfer will occur at a group meeting of individuals in that classification who have the same hours and may be interested in transferring. The employee shall apply for the position within the period of the job posting. The employee shall retain recall rights to the former position/classification and hours for a two (2) year period of time; however, because if the employee passes on an available position, he/she does not have sufficient seniority forfeits any remaining recall rights. Should a position become available in the classification of lay off or acceptance of lesser hours and the qualifications position offers more hours, the position will be offered first to perform the job satisfactorily, will displace the employee with who accepted the least seniority in lesser hours. This offer will be made until the District whose job he/she can performemployee reaches the number of hours worked prior to displacement. Recall to vacant positions or from lesser hours shall not be posted for bid until all employees accepting lesser hours or employees on layoff have been recalled. c. A regular D. Any employee displaced from laid off shall retain recall rights for a period of two (2) years during which time the Board shall not hire any new employee to any classification affected by a reduction until all employees laid off have been offered an opportunity to be reinstated. Should an employee on the recall list be offered reinstatement and refuses such, said employee shall have his/her job classification under name removed from the reinstatement list. Reinstatement from the recall list shall be to the same or equivalent position and hours as previously held prior to layoff. If reinstated during this procedure will receive a minimum period, the employee shall retain all previous accumulated seniority and all rights related to compensation and fringe benefits. Notice of thirty days noticereinstatement shall be made by certified mail. The Board shall compile and maintain an updated list of laid off employees. d. Any regular E. Recall after any reduction will be in reverse order of the reduction, (i.e. last employee displaced under this provision may also follow this procedurelaid-off will be the first to be recalled). e. F. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forcea classification exists and an opening is available in a different classification, senior employees, on layoff, will be considered for filling that opening. Refusals for reinstatement to a lesser position and hours or to a position not in the employee’s classification shall not change the employee’s recall rights. G. Seniority will be suspended or “frozen” when an employee is on a layoff period. Such recall will be maintained for up to two (2) years. H. Displacement of employees shall occur at a joint meeting of affected employees, administration and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification.A. Position Elimination 1. Should there be an FTE reduction that does not result If the Board is considering a written recommendation from the Superintendent for the elimination of any bargaining unit positions, it (or its designee) will notify the Association in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/departmentwriting. The reduced employee may then exercise their right Board (or its designee) will meet and consult with the Association upon request prior to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTEa decision to eliminate any bargaining unit positions. The seniority impact would continue until only parties acknowledge that the last senior employee(s) are impacted. No further reductions will occur outside of meet and consult process may need to be expedited in order to meet the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsrequired budget deadlines. 2. Should there A decision by the Board to eliminate any bargaining unit positions shall not be a position completely subject to the grievance procedure or arbitration. 3. In the event that the Board decides to eliminate any bargaining unit positions, it shall give the Association and all teachers in the impact area prompt written notice of the positions to be eliminated. B. Seniority List 1. Seniority will be based upon continuous years of service (regardless of assignment) within the bargaining unit, from the most recent date of hire within the RSU 22 School District. When two or more teachers have the same length of continuous service in RSU 22, the following teacher with the greatest total teaching experience inside and/or outside the District shall be deemed to have the greatest seniority. Breaks in service and unpaid leaves of absences (excluding sabbaticals) will take place: a. District not be included in the computation of seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary 2. Part time teachers shall accrue seniority on a pro rata basis, based upon the teacher's full-time equivalent (FTE). Any part time teacher employed prior to implement the 2004-05 year shall be credited with seniority as though s/he were a reduction full time teacher. Part time teachers shall be considered along with all other full time teachers in forcean impact area when a teaching position is eliminated. Provided, however, that in the event of the elimination of a part time teaching position a part time teacher whose contract would not otherwise be terminated may be required to choose between assuming (1) a full time position or (2) accepting a layoff. 3. Not later than October 1st, the following procedure Superintendent shall annually post a seniority list by impact area. Teachers who teach in more than one impact area shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, listed within the department, according to impact area in which the reverse order teacher spends the majority of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displacestime. The determination of qualifications rests solely with list shall be posted in each building and a copy shall be provided to the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will Association. The Association must notify and meet with the representatives Superintendent of any alleged discrepancies in the list no later than thirty (30) days after receipt of the BVCEA in an effort list, otherwise the list shall be deemed accurate. Absent mutual agreement to resolve issues related to such a reduction in forcemodify the original list, the original seniority list shall be controlling.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. This Article 24, Reduction in Force, and the manner in which it is executed, applies to all HPSA represented positions only. Section 1: A reduction in force may take place upon approval of the City Council and is defined as an action wherein management eliminates a position. (a) The CITY may eliminate any position. (b) The CITY will notify the Xxxxxxxxx Police Supervisors Association prior to any City Council action that relates to a reduction in force. (c) Notice of at least thirty (30) calendar days will be given to HPSA Members whose positions are eliminated through a reduction in force. In lieu of notice, an equivalent amount of salary, based on the HPSA Member’s regular work schedule, will be paid to the HPSA Member. Section 2: When a position is eliminated and/or a reduction in force takes place, the following procedure will apply: (a) HPSA Members that are serving a qualifying period within the classification that is impacted by the reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationreturned to their former classification first. 1. Should there (b) HPSA Members whose positions are eliminated shall be an FTE reduction that does not result in a position being eliminated, permitted to exercise their classification seniority to move laterally and displace the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur Member in the following manner: a. After temporary and probationary employees have been reduced, same classification. If the impacted Member is the least senior regular employee within the job classification at the school/department being reduced in FTE that classification, they will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the previously held lower classification. An employee who has been displaced as a result of this procedure will have the same seniority rights as the employee whose position was eliminated. (c) HPSA Members who are not placed in previously held positions within this Agreement will fill a vacancy as a Police Officer or Corrections Officer as appropriate. (d) Notice of at least 30 calendar days must be given to HPSA Members whose positions are to be eliminated through Reduction in Force. In lieu of notice, or less than 30-day notice, an employee shall be paid the job amount of salary the employee would have, received based on the employee’s regular work schedule, had a 30-day notice been given. Section 3: RETURN TO FORMER CLASSIFICATION RIGHTS (a) If an HPSA Member has been subject to the demotion to a lower classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside as a result of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall they will be observed: i. Temporary employees placed on a Recall to Former Classification List in the affected job classification(s) classification seniority order. Members will be recalled to their former classification in seniority order as vacancies occur. Should a Member decline a return to their former classification, they will be removed firstfrom the list and all classification seniority expires. ii. Probationary employees in (b) Return to Former Classification rights do not expire while the affected job classification(s) will be removed next. iii. The regular employee(s) in Member is an active employee, unless the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according Member declines an offer of return to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job that classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee(c) Return to Former Classification List will have precedence over all other Eligibility Lists. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

REDUCTION IN FORCE. A reduction A. The language in force this Article is intended to supersede Ohio Revised Code 3319.17, to the extent permitted by law. B. If the Board determines it necessary to reduce the number of bargaining unit positions by reason of decreased enrollment of students, return to duty of regular teachers after a leave of absence, by reason of suspension of schools or territorial changes affecting the District, decline in enrollment in specific subject area, program discontinuation as described in paragraph C of this section, or for financial reasons, reasonable reductions shall be made by suspending contracts based upon the Superintendent’s recommendation. Those contracts to be suspended will be recognized when either a full position is eliminated or a reduction in FTE within a job classification.chosen as follows: 1. Should there be an FTE reduction that does To the extent reductions are not result in a position being eliminatedachieved through attrition, the least senior regular employee within Board shall proceed to suspend contracts. The order of reduction shall be according to the job classification will teaching area currently assigned, and shall be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in based upon the following mannersequence: a. After temporary and probationary employees have been reducedFirst, the least senior regular employee within the job classification at the school/department being limited contract teachers shall be reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, utilizing the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observedorder: i. Temporary employees in the affected job classification(s) will be removed first.licensure/certification; ii. Probationary employees competency as determined by formal evaluation. For purposes of determining competency, all teachers will be considered equally competent through the end of school year 2016-17 except that teachers rated as “ineffective” in the affected job classification(s) evaluation summative rating will be removed nextconsidered less competent. All teachers in their first year in the system will be considered “Developing” until their second year’s evaluation. iii. The regular employee(s) where competency is equal, in accord with the seniority list currently approved by the Board and in place under the present contract subject only to the addition of new employees who are eligible for membership in the affected job classification(s) bargaining unit. b. Second, continuing contract teachers shall be reduced utilizing the following order: i. licensure/certification; ii. competency as determined by formal evaluation. For purposes of determining competency, all teachers will be considered equally competent through the end of school year 2016-17, except that teachers rated as “ineffective” in the evaluation summative rating will be considered less competent. iii. where competency is equal, in accord with the least seniority will be removed next. iv. A regular employee removed list currently approved by the Board and in place under clause “c” above will displace the employee with present contract subject only to the least seniority addition of new employees who are eligible for membership in the job classification at or below his/hers, within the department, according to the reverse order of job progressionbargaining unit. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A 10.1 No bargaining unit classification or position will be filled by a person not a member of the bargaining unit while any member of the bargaining unit is laid off pursuant to this article. 10.2 In the event it becomes necessary to reduce classified staff due to lack of work or lack of funds, the following procedure will govern such layoffs: 10.2.1 The number of members affected by reductions will be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire, or otherwise vacate a position. 10.2.2 Prior to the Board’s instituting such reduction in force the classified staff, the Board or its designee(s) and the union will meet to discuss such reductions. 10.3 In any reduction, the concept of job classification seniority will prevail. Seniority will be recognized when either determined by the members’ most recent date of hire with the Board in a full position is eliminated or a reduction in FTE within a particular job classification.. There are four classifications: 1. Should there Bus Drivers 2. Custodians 3. Cafeteria Employees 4. Building Secretaries 10.3.1 Board approved leaves of absence will not constitute an interruption of continuous service, but such time on a leave of absence will not be an FTE reduction that does not result included in a position being eliminatedthe calculation of seniority. 10.3.2 In case of identical seniority, the least senior regular employee within the job classification seniority will be subject to an FTE reduction. Throughout BVSD determined by the toss of a coin. 10.4 When it has been determined that a reduction in FTE will occur in the following manner: a. After is necessary, temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE or new members will be the employee impacted at that school/departmentlaid off first. The reduced employee may then exercise their right to displace Additional reductions will begin with the least senior employee within in the job classification, in order of seniority, until the reduction is complete. 10.5 Any member affected by such a reduction, whether directly or indirectly, will be granted bumping rights. 10.6 Bumping will be exercised on the basis of seniority. Any member affected by such reduction may displace a less senior member in the following order: 10.6.1 Within the same classification 10.6.2 Within the same classification that holds the FTE member held immediately prior to holding the more senior employee had before new classification from which the school/department member was reduced in FTE. The seniority impact would continue until only laid off 10.7 Twenty (20) days prior to the last senior employee(s) are impacted. No further reductions effective date of any layoff, each member to be laid off will occur outside be given written notice of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have layoff with a bidding process each year for their assignments. 2. Should there be a position completely eliminated, statement advising the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number member of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or bumping and reinstatement rights. A copy of each notice will be given to the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performUnion president. c. A regular 10.8 Any member laid off will retain recall rights for a period of two (2) years. During this time the Board will not hire any new employee displaced to any classification affected by a reduction, until all members within the classification who have been laid off, have been offered an opportunity to be reinstated. 10.9 Refusal of an employee to return within five (5) days of notification of recall will void employee’s recall rights under this Section, except in extenuating circumstances, as determined by the Superintendent. 10.10 Reinstatement from the recall list will be the equivalent position and hours as previously held prior to layoff. Should a bargaining unit member be recalled to a lesser position and/or hours, the member will have the right of refusal of such position without losing his/her job classification under recall rights. If reinstated during this procedure period, the employee will receive a minimum of thirty days noticeretain all previous accumulated seniority and will resume all rights related to the salary and fringe benefits. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job 10.11 Notice of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure reinstatement will be laid off from the Districtmade in writing by certified mail. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. (a) A reduction in force (RIF) occurs due to budgetary constraints and brings about the elimination of one or more specific positions within the CASA bargaining unit. (b) When a (RIF) is necessary, the Superintendent will, to the extent feasible, reassign the unit member to lower ranking position within the CASA bargaining unit, prior to such member being transferred to a position with the CEA bargaining unit. (c) In making determinations on individuals to be riffed, the Superintendent will take into consideration the total length of service since the most recent date of hire in any position for which CASA has been designated as the exclusive representative. Consideration will also be given to area of certification (including subject field and grade level qualifications), overall experience, and/or specialized training. (d) The employee will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result placed in a position being eliminatedxxxx position. If no such vacancy exists or the employee elects not to serve as xxxx, the least senior regular employee within the job classification then he/she will be subject assigned to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a classroom teaching position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovearea(s) of certification. Additionally, because the employee will be placed on the step of the appropriate CEA salary scale that is not less than the employee’s per diem rate of pay when the RIF occurred. Once reassigned, the language of the CEA Agreement will be controlling. If recalled to an administrative position, the employee will be placed on the CASA scale and step that he/she does not would have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job received had he/she can perform. c. A regular employee displaced from remained in his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When administrative position. If an offer to recall is extended to an employee acquires a job under this procedureand he/she declines to return to the proposed administrative assignment, the employee waives any further entitlement to recall and must make arrangements with the Human Resources Department to liquidate or convert all of his/her seniority will go with the jobremaining annual leave. f. In order (e) The employee will have the option to displace another employee as provided in section 2 aboveconvert unused annual leave to sick leave, use annual leave on non-student days, or bank said leave for the duration of the period to be recalled to an employee must have more seniority than administrative position. Upon expiration of the recall period, the employee he/she displaces and must will have the option to convert all unused annual leave to sick leave or to be qualified paid for unused annual leave up to perform the job a maximum of the employee he/she displaces53 days with any remaining unused annual leave days beyond this maximum converted to sick leave. The determination sale of qualifications rests solely with days will be paid at the Districtemployee’s per diem rate at the time the RIF occurred. g. Under this procedure, an (f) The employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional will be assigned to work hours in displacing another employee190 days each year. i. An employee whose seniority does not permit him/her Any current administrator or supervisor who is tenured with CCPS and was appointed to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffan administrative or supervisory position before June 30, the District will meet 2015, will, in collaboration with the representatives Superintendent or designee, have the option to work up to: ii. Year 1 of the BVCEA in an effort to resolve issues related to such a reduction in force.RIF: 40 additional days iii. Year 2 of the RIF: 25 additional days

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. The following procedures will govern the reduction of classified staff made necessary through financial reasons, decreased enrollment of pupils, abolishment of positions, and return to duty of regular employees after leave of absence or suspension of schools or territorial changes affecting the district. 1. Prior to any anticipated reduction, the superintendent shall advise the Union as to why the reduction is deemed necessary, what departments or class within a department are to be affected, the extent of the anticipated reduction and will provide the Union, at that time, with a list of all employees in each affected department or class within a department indicating the seniority of each employee so listed. 2. Any reduction in staff will first be accomplished through attrition or by suspending the contracts of employees on eighteen (18) month probationary contracts employed in the affected department or class within a department, insofar as it is possible to do so. The employment of replacements for some positions may be necessary, however, in the event that employees in the system do not possess the necessary licenses and/or qualifications for a position that needs to be filled. 3. In the event further reduction in staff is considered necessary by the Board of Education, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools, who shall, within each department or class within a department affected, give preference to employees on continuing contracts and to employees who have greater seniority as defined in Article III, Section H of this agreement. A reduction in force will be recognized when either identified by job department or class within a full position is eliminated or department and by building. The employee displaced by a reduction in FTE within a job classification. 1. Should there force shall be an FTE reduction that does not result in assigned to a position being eliminated, held by the least senior regular employee in that department or class within a department of equal hours or the job classification closest number of hours that do not exceed the hours of the position that was reduced. This same procedure will be subject apply to each subsequent displaced employee. When all of the assignments are complete or if an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedemployee declines an assignment, the least senior regular last employee within the job classification at the school/department being reduced in FTE displaced will be the employee impacted at that school/departmentsubject of the reduction and will be placed on the restoration list. The reduced An employee may then exercise their right decline an assignment to a position of lesser hours and choose to be placed on the restoration list for a position of equal hours. An employee who declines a position of equal hours will give up all rights to be placed on the restoration list. Employees with job department or class within a department seniority in more than one job department or class within a department may displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTEto be laid off. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply employee to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from may only bump an employee in their previous department who works the Districtsame or less hours worked by the employee when the employee worked in the previous department. Employees do not have an expectation of returning to their exact same position or hours when moving back to a previous job department. j. 4. Reductions or layoffs shall be on the basis of job department and classes within a department. In the event of a substantial reduction or layoff, an employee in a higher class within a department shall first have the District option to bump an employee with less seniority in his/her respective department or employment 5. Job department and classes within department will meet with the representatives of the BVCEA in an effort be identified as follows: a. Education Aide • Class I – Up to resolve issues related but not including 3 hours • Class II – Greater than 3 hours and up to such a reduction in force6 hours • Class III – Greater than 6 hours b. Office Personnel • Class I – General Clerical not exceeding 4 hours • Class II – General Clerical greater than 4, less than 8 hours • Class III – General Clerical 8 hours • Class IV – Secretary 10 months • Class V – Secretary 12 months c. Kitchen Helper • Class I – Up to but not exceeding 2 hours • Class II – Greater than 2 hours but less than 5 hours • Class III – 5 or more hours • Class IV – Assistant Kitchen Manager • Class V – Kitchen Manager • Class VI – High School Kitchen Manager d. Custodian • Class I – Up to be not exceeding 3 hours • Class II – Greater than 3 but less than 8 hours • Class III – 8 hours • Class IV – Head Custodian e. Maintenance • Class I – Unskilled Labor • Class II – Semi-skilled • Class III – Skilled • Class IV – Assistant to Engineer f. Courier – Not to exceed one and one-half (1 ½) hour day and to be substantiated by time slips, plus mileage. Position may be filled by current employee six (6) or less hours who can work courier time. g. LRC Aide

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction If the City should reduce its work force, layoffs shall be made within each department by job title within classification based on seniority as defined in force will be recognized when either Article 13 - Seniority, unless the City determines that a full position is eliminated or bona fide special operational need exists that requires retention of a reduction less senior employee. The City agrees to notify employees and the Union designee with a copy to the Local Union President not less than thirty (30) days prior to any layoff, except in FTE within a job classification. 1the event of an emergency. Should there be an FTE reduction that does not result in a position being eliminatedIf, prior to formal layoff notification as provided above, the least senior regular employee within City chooses to inform a member of the job classification bargaining unit that they may be laid off, the City will also inform the Union of this potential layoff. Failure by the City to provide notice of possible layoffs to affected employees or the Union prior to the obligation for formal notification will not be subject to an FTE reductionthe grievance procedure. Throughout BVSD Employees who are to be laid off may bump down within the reduction in FTE will occur same department to a job title within the same classification for which the employee is qualified to perform the required work, unless the City determines that a bona fide special operational need exists that requires retention of a less senior employee. An employee who bumps into a lower job title within classification shall be placed on the salary schedule in the following manner: a. After temporary and probationary employees have been reducedlower job title at the highest rate, which does not exceed the least senior regular employee’s rate in the higher job title. An employee who wishes to bump down into a lower job title within the job classification at shall provide written notice no later than five (5) working days from the school/department being reduced in FTE day of receipt of notification of layoff. Employees who are to be laid off will be given preferential consideration for vacancies in other departments if the employee impacted at that school/departmentpossesses the skill, ability and experience required in the vacant position. The reduced In lieu of layoff, an employee may then exercise their right take a voluntary demotion to displace the least senior employee within the a lower job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, title within the department, according to the reverse order requiring similar knowledge, skills and abilities. This is contingent on availability of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovevacant positions, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace and the employee with shall be paid at the least seniority wage established for the lower job title. The employee may be placed at any step in the District whose job he/she can performrange in accordance with their experience, as recommended by the Department Head. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A Procedure for Reduction in Force: When a reduction in force will becomes necessary in a classification due to building closure, abolition of classifications, lack of funds, lack of work or the reasons set forth in Ohio Revised Code section 3319.172, the following procedures shall be recognized when either a full position is eliminated or a employed: A. The administration shall attempt to limit the employees affected by reduction in FTE within force by not replacing employees who resign, retire or otherwise vacate a job classification.position; 1. Should there B. When layoffs occur, employees shall be an FTE reduction that does not result in a position being eliminated, the least senior regular employee laid off by seniority within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace with the least senior employee within laid off first. However, an employee who is to be laid off and who had employment seniority with the job Board in another classification (no more than ten (10) years previously) shall be permitted to bump into the other classification in which he/she had seniority if there are employees in that holds other classification with less seniority in that classification than the FTE employee exercising bumping rights. In this instance the more least senior employee had before with the school/department was number of hours equal to or closest to the reduced employee will be displaced. Qualifications for job positions shall not be changed when a reduction in FTE. force is implemented until the bumping procedure has been completed; C. The seniority impact would continue until only Board shall determine in which classifications the last senior employee(s) are impacted. No further reductions will layoff shall occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within to be laid off; D. The Board shall furnish the association a department list containing the names, seniority dates and classifications and indicate which employees are to be laid off, no later than seven (7) days prior to the effective date of layoffs. Each notice of layoff shall state the following: 1. Reasons for the layoff or reduction 2. The effective date of the layoff 3. A copy of the layoff and recall provisions of this contract Reinstatement List and Procedures: A. For the classification in laying off employees from the District. b. When it becomes necessary to implement a reduction in forcewhich layoffs occur, the following procedure Board shall prepare a reinstatement list and the name of all employees who have been suspended shall be observed: i. Temporary employees placed on a reinstatement list in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progressionlayoff. Reinstatement shall be made from the list before any new employees are hired in that classification. v. A regular B. Vacancies, which occur in the classification of layoff, shall be offered to and accepted within seven (7) days of receipt of notice by the employee standing highest on the layoff list. C. Any employee who candeclines reinstatement or fails to respond within seven (7) days of receipt of notice of recall shall be removed from the reinstatement list. However, if an employee declines reinstatement during the term of this agreement to a position of fewer hours than the position the employee was originally laid-off from, the employee shall retain any and all rights as determined by unemployment and shall also retain their rights to recall for the balance of their individual recall period calculated from the original date of layoff. D. The notice of recall shall be made by certified mail to the last address on file with the superintendent. If the notice is refused, unclaimed or not displace another deliverable, the employee in his/her own department under “d” abovewill be deemed to have declined reinstatement seven (7) days after postal delivery by certified mail was attempted. E. The employee’s name shall remain on the recall list for a period of one (1) year from the effective date of layoff. If reinstated from layoff during this period, because such employee shall retain all previous accumulated seniority. F. An employee who has been laid off and is on the recall list shall not earn service credit for placement on the pay schedule for the period of time he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performis laid off. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A A. It is recognized that it is within the sole discretion of the Leicester School Committee to reduce staff, if necessary, because of a decrease in enrollment, fiscal restraint, lack of funds, or any other reason sufficient under the General Laws of Massachusetts. Whenever possible, necessary reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE within a job classificationaccomplished through natural attrition. 1. Should there be an FTE reduction Any professional status faculty that does not result in a position being eliminated, the least senior regular employee within the job classification will be is subject to an FTE reduction. Throughout BVSD the a reduction in FTE will occur force shall be notified in the following manner: a. After temporary writing and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise emet with their right building principal prior to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentspublic notification. 2. Should there be Within three (3) school days, the affected member may request a position completely eliminatedmeeting with their building principal and/or the superintendent to present any additional information that could affect the process. 3. In the event the School Committee finds a need to reduce bargaining unit positions, the following will take place: a. District senioritytermination/layoff process shall be effectuated within certification areas. Within a certification area, rather than departmental senioritythe most junior tenured faculty teaching therein shall be terminated/laid off first, shall prevail when reducing except that the number Committee may retain a junior tenured faculty when, in the judgment of employees within the Committee, such junior faculty can be shown to be demonstrably superior in performance and/or relevant qualifications as they pertain to a department or in laying off employees from specific certified position. The Committee must be prepared to substantiate the Districtbasis upon which such a decision is made. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv4. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according professional status bargaining unit member to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from may replace the Districtmost junior staff person in any other certification area, provided the displaced bargaining unit member is certified in the discipline. However, in the event the displaced member holds more than two (2) certifications, he/she/they may only exercise his/her/their bumping rights into the discipline where the most junior member resides. Any bargaining unit member who is bumped out of his/her/their position through the application of this paragraph is also entitled to exercise any bumping rights he/she/they may have available. However, as in the case in sub-paragraph 3, the Committee may retain a junior tenured faculty over a more senior tenured faculty when, in the judgment of the Committee, the junior tenured faculty is demonstrably superior in performance and/or relevant qualifications as they pertain to a specific position. The Committee must be prepared to substantiate the basis upon which such a decision is made. j. In the event 5. Any bargaining unit member who is notified of a substantial layoffcontract termination shall be entitled to use personal days as well as up to five (5) additional days paid leave to seek other employment. These additional days shall be taken from their accumulated sick days once all personal days have been depleted. B. Definitions as used in this Article, the District will meet terms below shall be defined as follows: 1. Seniority (Senior) - a faculty’s length of service as an employee of the Leicester School Committee in years, months, and days in the system commencing with the representatives date of initial employment. All leaves of absence excluding paid leaves and leave for the BVCEA military service shall be considered non-active service and shall not be included in an effort to resolve issues related to such a reduction in forcedetermining the total length of active service.

Appears in 2 contracts

Samples: Collectively Bargained Agreement, Collectively Bargained Agreement

REDUCTION IN FORCE. A reduction It is understood that seniority rights are bargaining unit wide, and irrespective of job title. Reduction in force will (RIF) procedures, however, shall be recognized when either a full specially treated and outlined in this section. The following rules apply in RIF situations: A. When any food service position is eliminated or needs to be reduced in excess of one and one-half hours per day (which effectively eliminates the position), then such situation is to be considered a RIF and reassignment or “bumping” of employees needs to take place; and B. Only an employee who is directly affected by a reduction in FTE within hours or job elimination during a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee RIF situation may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will “bump” or take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of a less senior employee. Employee, who due to higher seniority are above the effects of bumping, may not use the RIF situation to bump others; and C. A RIF affected employee he/she displaces. The determination may “bump”, or take the job of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another any less senior employee who is in a higher rated the same or lesser paying job classification.title; and h. Under this procedure, an D. Any employee who has been bumped may bump any less senior employee in his same or lesser paying job title; and E. A bumping employee may not acquire additional work hours bump another less senior employee in displacing another employeea higher paying job title, unless the bumping employee is 1) more senior than the employee being bumped, and 2) has demonstrated in-district experience in that same higher paying job title of at least 90 calendar days, and 3) has worked, pursuant to assignment, in such job title within the last four years; and, F. Once begun, bumping shall continue until the least senior bumped employees are ultimately laid-off. Hence, the reduction in force of food service staff will be accomplished by laying off a sufficient number of the least senior members of the bargaining unit. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure G. Reduction in Force will be laid off from the Districtoffered on a volunteer basis by seniority. j. In H. The Union will be given a thirty (30) day written notice prior to the event of a substantial layoff, the District will meet potential Reduction in Force. Section 10.7.1. The employee with the representatives of the BVCEA in an effort earliest hire date shall have absolute rights regarding lateral transfers resulting from a RIF to resolve issues related to such a reduction in forceposted position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A In the event the Board of Directors, in its exclusive judgment, ultimately decides that a reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE implemented, the Board shall specify the number of positions to be authorized within a each job classification. 1. Should there Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an FTE reduction that does not result employee in a position being eliminated, higher paying job classification shall have the least senior regular right to "bump" employees in lower paying job classifications in which the higher paid employee within the was previously employed. An employee who “bumps" to a lower paying job classification will be subject placed on the applicable seniority list for that classification according to an FTE reductionthe employee’s prior District service (promotion date) in that rank. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the Employee(s) cannot ”bump" into a lower paying job classification that holds they were not previously employed and successfully completed probation, unless while during probation in the FTE lower paying job classification the more senior employee had before was promoted into the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the higher paying job classification. Note: This Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2commence with the highest job classification. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(sThose employee(s) will be removed first. ii. Probationary employees "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the affected lower paying job classification(s) will be removed next. iiiclassification. The regular employee(s) in In the affected job classification(s) with the least seniority will be removed next. iv. A regular event that an employee removed under clause “c” above will displace the employee with the least seniority in the ''bumps'' to a lower paying job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee accordance with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article, their salary shall be immediately reduced to the step of the lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employees name from the recall List, unless, said employee is determined to be totally disabled. Physical examinations shall be at the District. j. 's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any such reduced or laid-off employee fails to report for duty within thirty (30) days after mailing a written notice by registered mail to the last known address, they shall have lost the right to be rehired or advanced hereunder. In the event that an employee is advanced from a job classification to another job classification in accordance with the provisions of paragraph 5 above, their salary shall revert to the step of the higher range that would have applied had there not been a reduction in job classification as a result of a substantial layoffgeneral lay-off. If at any point in time during the two (2) year reinstatement period (as identified above), the District reclassifies the job descriptions, but maintains similar job functions, the employees who were directly affected by the initial lay-off from their previously held positions, will meet with be granted re-hiring rights under the representatives new job description/classification. This will remain in effect for the entire duration of the BVCEA in an effort to resolve issues related to such a reduction in force.two

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

REDUCTION IN FORCE. A Whenever the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized when either a full position is eliminated or a reduction in FTE within a job classificationthat attrition alone may not be sufficient to accomplish necessary reductions. 1. Should there be an FTE reduction that does not result in a position being eliminated25.02 Reductions needed beyond those available as mentioned above, the least senior regular employee within the job classification will be subject made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to an FTE reduction. Throughout BVSD the reduction in FTE fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will occur in the following mannerbe as follows: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside A. All members of the job bargaining unit shall be placed on seniority lists according to classification. Note: This will not apply Prior to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected job classification(s) will be removed firstemployees. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be removed nextmade on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. iv25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. A regular Those on the recall list shall have the following rights: A. Any employee removed under clause “c” above will displace who is laid off and is subsequently eligible for re-employment shall be notified in writing by the employee with the least seniority in the job classification at or below his/hers, Board of an opening within the department, according their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of job progressionlayoff (i.e., most senior) for vacancies. v. A regular C. Any employee who cannot displace another employee fails to respond in his/her own department under “d” abovewriting to the Superintendent’s office within ten (10) business days, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorilydeclines a full-time position, will displace the employee with the least seniority in the District whose job he/she can performshall forfeit all recall rights. c. A regular employee displaced from his/her job classification under this procedure 25.05 The Administration will receive a minimum provide letters of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A A. When in the event of a building closing, job abolishment, lack of funds, or other reasons determined by the Superintendent which necessitates reduction in force force, probationary employees in the classification shall be laid off first. Reduction of support personnel shall be made in the inverse order of seniority. Retrogressing (bumping) shall be exercised where the employee’s seniority will hold only within the classification series where he/she is working with most recent employees being displaced first. B. Reduction in employees shall be recognized when either a full position is eliminated or a reduction in FTE within a job classification.made under the following rules: 1. Should there be an FTE reduction that does not result A person reduced from a promotional category for one of the above listed reasons shall have the right to displace the person with the least seniority within their own classification and the person thus bumped bumps the person in the lower category with the least seniority. 2. The least senior employee in a position being eliminated, classification shall have the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to bump and displace the least senior employee within in the job classification that holds next lowest classification. Bumping shall also mean the FTE the more least senior employee had before the schoolbased on his/department was reduced her seniority in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job that classification. Note: An employee may also exercise an option not to bump another employee. This action will not apply limit the right of recall only to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsthe classification from which the employee was displaced. 23. Should there be a position completely eliminatedIn case of reduction, the following will take place:employee being reduced would return to the position from which he/she advanced or to a lower classification position. a. District 4. For purposes of seniority tie breaking, seniority in classification shall be used first. In the event that two (2) or more employees are tied in classification seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least then seniority in the job District shall prevail. Any additional ties shall be broken by the toss of a coin in the presence of the Union and affected employees. 5. Any employee reduced in classification, or laid off, shall retain recall rights for a period of two (2) years from the effective date of the layoff, during which time the appointing authority shall not hire nor promote anyone to the classification at series of reduction or below layoff until all reduced or laid off employees are reinstated or have been offered reinstatement and refused, in reverse order of layoff. After incumbents in a given classification have the chance to be considered, any employee affected by layoff or reduction shall have the first opportunity for a vacant position in his/hersher classification series. 6. The laid off employee shall provide the Superintendent or designee with his/her current mailing address, within telephone number and any other pertinent information. In the departmentcurrent event of recall, the employee being recalled shall be notified be Certified Mail to the employee’s last known address, according to the reverse order business Office records, as to the date of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” aboveexpected return to work. Each employee recalled shall be given at least fourteen (14) calendar days notice, because he/she does excluding legal holidays to respond to a reinstatement letter. Failure to accept the Superintendent or designee’s offer of reinstatement or refuse recall within fourteen (14) calendar days shall terminate an employee’s recall right. Non-response to an offer of reinstatement will be considered a refusal. Copies of recall notices will be sent to the Local Union President for informational purposes only. 7. Employees retrogressing in the same classification series shall not be subject to a probationary period. An employee who bumps into a job classification which he has no previous service will have sufficient seniority or the qualifications to perform the job satisfactorily15 work day probationary period. At any time during this period, will displace the employee with the least seniority may elect to take a lay off in lieu of remaining in the District whose new classification. Electing to take a lay off will limit the right of recall only to the classification from which the employee was displaced. Employee(s) who retrogress to a lower classification shall be reduced in pay to that of the new job he/she can performclassification in the comparable experience step. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces8. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layofflayoff or reduction occurring as a result of a building closing, affected employees shall have at least sixty (60) calendar days notice to either bid on other vacant positions or to exercise bumping and displacement rights. 9. The board shall discontinue insurance benefits at the District will meet with the representatives time of the BVCEA reduction or layoff. Displaced employees shall be offered the opportunity to substitute in their classification. The substitute list would permit the employee to maintain insurance benefits by paying the total group rate. 10. Vacation eligibility for any employee reduced to a school year position and then returned to an effort annual position shall gain eligibility for vacation using the same formula as previously negotiated. 11. Written notification shall be given to resolve issues related all affected employees, Local President and the Business Agent two (2) weeks prior to such a reduction in forceany reduction.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A reduction 23-1 The Board shall determine when reductions in force will are necessary and which job categories* or occupations** shall be recognized affected. Employees within affected job categories or occupations shall be considered for retention on the basis of School District need and who meets the qualifications for the remaining positions. The determination of who best meets the qualifications shall rest solely with the Board. The following factors shall be considered when either a full position is eliminated classified staff are to be reduced in force: (a) retirements, resignations and normal attrition shall be considered first; (b) all probationary staff (6 months or a reduction less) shall be reduced in FTE force before any regular employee; (c) employees with the least amount of seniority in the District shall be the first to be reduced in force within a job classification. 1category or occupation; (d) if seniority is the same among employees, evaluation, documented job performance, job related cross-trained skills, affirmative action considerations, and required job skills as determined by testing will identify who is to be reduced in force. Should there Any employee who is to be reduced shall be so notified in writing at least two (2) weeks prior to the effective date of the reduction. The Board shall forward a list of those employees being reduced to the Association on the same date that the notice of reduction is issued to an FTE employee. Any employee who is to be reduced in their assignment shall be placed on a re-employment list or lists, as may be required by the effective date of the reduction that does not result and shall be eligible for re- employment in the first vacant position for which they are qualified in inverse order of the reduction. The re-employment list or lists shall expire after twelve (12) months of the effective date of the reduction and has precedence over new hires, promotions or other action which would fill a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reductionon a permanent basis. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular An employee who cannot displace another employee is reemployed in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the previous job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from title within one year of his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with termination date shall be placed at the job. f. In order to displace another employee as provided step in section 2 above, an employee must have more seniority than the salary schedule which was in effect at the time the employee he/she displaces left, and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure all sick leave benefits which had been accumulated will be laid off from the Districtreinstated. *Job Occupations are defined as: Paraprofessional Instructional: child care, office instructional, Title I, attendance liaison, adult literacy program intake coordinator, media, home visitors, ESL tutors, bilingual, attendance clerk, child care supervisor, speech/language assistant, special populations, health clerk, paraprofessional. Paraprofessional PreSchool/Group Leader Paraprofessional Special Education: autism spectrum disorder concentration, behavior team, assistive technology. Secretary/Clerk: entry level secretaries, counseling secretaries, coordinator’s secretaries, director’s assistant secretaries, clerks, liaison. Secretary School/Office: elementary/middle school principal’s secretary, manager’s secretary, alternative high school principal’s head secretary. Secretary HS – high school principal’s secretary. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position The Superintendent is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in authorized to layoff employees if a position being eliminated, has been abolished or if he/she determines a layoff is appropriate due to insufficient funds or work. When the least senior regular employee within the job classification will be subject District has decided to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing reduce the number of employees within a department or in laying off employees classification, the minimum of fourteen (14) calendar day notice of layoff will be provided. The order of layoff will be determined by seniority from the Districtappropriate seniority lists. The district will attempt to limit the number of employees to those laid off to the number of positions (from the bargaining unit in full-time equivalents) that were cut from the budget. a. In determining which employee or employees are to be laid off the district shall, first, ascertain the classification of the position or positions which the Superintendent has decided must be vacated. The least senior employee or employees in the district holding a job with the same classification shall be laid off. b. When it becomes necessary If a position within a building is abolished or reduced from a full to implement a reduction in forcepart-time position, and no employee holding the following procedure shall be observed: i. Temporary employees position in the affected job classification(s) will be removed first. ii. Probationary employees building is susceptible to layoff in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) accordance with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace provisions with Paragraph a above, the employee with the least seniority in the building will be reassigned to another building in which there is a vacant position with the same job classification at and same status (either full-time or below his/herspart-time). In the event no vacant qualifying position exists the employee may then elect to bump the employee in the same classification and status who has the lowest bargaining unit seniority. However, when a position's hours are reduced an employee eligible for reassignment pursuant to this paragraph may opt out to remain within the departmentbuilding working at reduced hours. c. An employee may refuse a reassignment under Paragraph b above and opt to be placed on the recall list where: 1) The proposed reassignment is to a location more than twenty miles away from the employee's former position; or 2) The proposed reassignment is to a position requiring a different number of days or hours of employment during the work week or a different pay level. d. If an employee refuses a position requiring the same number of days, according hours of work, or pay level as presently assigned and which is also at a location 20 miles or closer to the reverse order employee's present position this refusal will be treated as a resignation and the employee terminated. Offers of job progressionreassignment and their acceptance may be verbal but must be confirmed in writing within five days. v. A regular e. An employee who cannot displace another employee is laid off in his/her own department under “d” above, because he/she does not have sufficient seniority or accordance with the qualifications to perform the job satisfactorily, will displace the provisions of Paragraph a above may bump an employee with the least bargaining unit seniority in the District whose another job classification within this agreement which he or she has previously held successfully and for which he/she can perform.continues to be qualified, provided: c. A regular 1) The laid off employee displaced from his/provides the district with notice of his or her job classification under this procedure will receive a minimum desire to bump within three days of thirty days notice.receipt of the notice required by paragraph 4 above; and d. Any regular 2) The laid off employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more has greater seniority than the employee he/he or she displaces and must be qualified proposes to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtbump. g. Under this procedure, an employee cannot displace another f. An employee who is has been bumped in a higher rated job classification. h. Under accordance with this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her paragraph will be laid off pursuant to remain at work under the provisions of this procedure Article. The person who has displaced the bumped employee will not be laid off from entitled to occupy the District. j. In the event of a substantial layoff, the District will meet position or receive any compensation associated with the representatives position until the notice period prescribed in paragraph 4 has expired with respect to the bumped employee. Provided that the time requirement prescribed in paragraph 4 of this section commences when the employee notifies the district of the BVCEA desire to bump, as in an effort accordance with paragraph 4b of this section. An employee subject to resolve issues related layoff who has bumped another employee in accordance with this paragraph shall not be entitled to such a reduction in forcecompensation during the period between the effective date of his or her original layoff and the effective date of the bumped employee's layoff.

Appears in 2 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 12.01 Reduction in force is defined as the suspension of non-teaching employee contracts due to return to duty of a regular employee after a leave of absence, suspension of schools, decreased enrollment of pupils in the district, financial reasons, territorial changes affecting the district, or for any other reason deemed necessary by the Board. 12.02 Recall is defined as the reinstatement by the Board of a non-certified employee's contract. This may happen at any time up to 12 calendar months following suspension of the non-teaching employee's contract for reasons given in Section 12.01. 12.03 Recall shall be in inverse order of employee lay-off (i.e., those employees laid off last shall be first recalled). Recalled employees must fill the qualifications of the position to which they are recalled. Recalled employees shall have two (2) work days to respond to the written notice of recall. The most senior employee by classification seniority responding to the call shall be given the position. A failure of any employee to respond within the time limit to the written recall will cause the employee to be recognized when either a full ineligible for further recall consideration. 12.04 Any qualified employee whose position is eliminated or who is otherwise subject to a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result force shall have the right to "bump" down in a position being eliminated, the least senior regular same classification or in another classification if the employee within the has job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur seniority in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the schoolposition in which s/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right he seeks to displace "bump," with the least senior employee within (by classification seniority) in that classification to be thereby bumped by such other employee and laid off, provided that no employee may bump hereunder into a job classification different from the one that s/he then holds unless there is no less senior employee (by classification seniority) in the job classification that s/he then holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace unless the employee with is judged by the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee Superintendent in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications discretion still to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job duties of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated different job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position A. Any employee who is eliminated or laid off because of a reduction in FTE staff shall be notified at least two weeks in advance, when possible, in writing by the Executive Director of Human Resources/Legal Affairs or his designee. B. When the Board makes any necessary reduction in personnel, it will discuss with the Union the necessity for and the effects of such a reduction. The decision of the Board with respect to said reductions in personnel shall be final, subject to the provisions of this Article. C. The Board shall, in an instance of reduction in force, determine the category(ies) within a job classificationthe division in which reductions will be made and the positions so affected. 1. Should there Probationary employees within the affected category(ies) within the division shall be laid off in an FTE reduction that does not result order determined by the Board. 2. Non-probationary employees within the affected category(ies) within the division shall be laid off in a position being eliminatedthe reverse order of their seniority, with the employee having the least senior regular employee within the job classification will be subject to an FTE reductionseniority being laid off first. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and Non-probationary employees have been reduced, in positions scheduled for elimination after the ratification date of this Agreement who work at least senior regular employee within the job classification at the school/department being reduced in FTE twenty (20) hours per week will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds category working the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the same number of employees within hours per week (e.g., a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular thirty hour per week employee removed under clause “c” above will displace the least senior thirty hour per week employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular category provided such employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have has more seniority than the employee to be displaced). Laid off employees unable to bump or transfer within the same job category may displace the least senior employee working the same number of hours regardless of category, provided such employee has more seniority than the employee to be displaced, possesses the necessary job related education, job experience and skills; has received satisfactory performance evaluations, has worked within the last three years in the job category in which he/she displaces wishes to transfer or bump and must be qualified has earned at least two years of seniority credit within that job category. Employee(s) displaced pursuant to perform the job third paragraph of Article 15(C)(2) shall displace the employee he/she displaces. The determination of qualifications rests solely with the Districtleast senior person within their category. g. Under 3. Employees laid off through the procedures set forth in this procedureArticle shall be retained on a recall list for a period equal to the sum of their accrued seniority, an employee cannot displace another employee who is and shall be recalled in a higher rated job classificationreverse order of their layoff to their former position, should it become available, or to vacant positions within the same category within the division. h. Under this procedure, an 4. Any employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit himremoved from his/her to remain at work under the provisions position because of this procedure will be laid off from the District. j. In a reduction in staff shall, in the event of a substantial layoffvacancy in the position most previously held by the employee within the category to which the employee was formerly assigned, be returned to said position without implementing the bid procedure for the duration of this Agreement. 5. The parties reserve the right during period(s) of reduction(s) to meet and discuss alternative procedures to the implementation of Article 15(C)(2) and (3). Absent mutual agreement by the parties in a timely fashion, the District will meet with Board reserves the representatives right to implement the provisions set forth in sections C(2) and (3). This provision shall become effective after the ratification date of this Agreement. It is understood that no application of the BVCEA seniority standard for purposes of the aforesaid layoff and recall procedures shall in any manner compel the School District to retain or recall any person in any position for which he/she cannot perform all the duties and meet all the requirements of the position, as set forth in the job description. D. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. Employees shall be eligible for recall for a period of time equal to their seniority but not more than four years from the date of layoff. E. Notice of recall shall be sent to the employee at his/her last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an effort employee fails to resolve issues related report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. It is understood that such employee is responsible for keeping the Board advised in writing of any change of address, and will not be excused for failure to such report for work upon recall if the employee fails to receive a reduction recall notice because of his/her own failure to advise the Board in forcewriting of a change of address. F. Employees shall not be permitted to displace other employees who work more hours per day than they do.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force 18.1 The District shall notify the Union of layoffs prior to Governing Board action or upon mailing of layoff notices, whichever is earlier. The District agrees to meet and consult with the Union to discuss alternatives prior to written notification to the employee. If no alternative is reached, then the employee will be recognized when either given a full position is eliminated forty-five (45) day notice of layoff and will be requested to respond in writing within two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights. Layoff Procedures are as follows: a. Employee will be given a reduction forty-five (45)-day notice of layoff and will be requested to respond in FTE writing within a job two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights. b. Time in class shall be determined by date of hire in classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, c. An employee may bump the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovepresent classification who has an equivalent percentage of full-time employment in paid status (i.e. months and hours) if no equivalent vacancy exists. If there is no equivalent FTE position, because the employee may bump the least senior employee with the next lower FTE. In no event can the employee bump into a higher FTE status. d. The least senior employee in the classification may bump into a lower classification if he/she does not holds permanent status in the lower classification and there is an employee in the lower classification with less seniority. e. The employee being bumped from a position will be given a forty-five (45)-day notice of layoff, and the procedures followed are the same as in “a” “b” and “c” above. f. When the District eliminates a filled position at a department/division where positions are held by employees in the same classification and funding source, positions in the same classification and funding source will be eliminated in reverse order of seniority. 18.2 An employee who has been notified that his/her position is being eliminated may request the following actions in lieu of bumping or layoff: a. May request a transfer to a vacant position on the same level or a reassignment to a lower level for which he/she may have sufficient seniority or the qualifications some essential skills to perform the job satisfactorily, will displace the employee with the least seniority in duties. b. A vacant position is defined as a regular permanent position which the District whose job he/she can performdetermines is critical and must be filled. The employee may request to perform work that is being performed by provisional or limited-term employees and the District has determined is critical and must be performed. c. A regular The employee displaced from shall notify the District should any proposed position be unacceptable. d. The District will send names to the supervisor for interviewing. The supervisor will determine the skill levels necessary to perform the tasks available and will select or not select a candidate. e. An employee transferred or reassigned to a lower classification shall serve a probationary period, and the supervisor shall make a recommendation on permanent status on the final probationary evaluation. f. An employee who transfers or accepts reassignment to a lower level classification in lieu of layoff shall have the right of reinstatement to his/her job classification under this procedure will receive former position for a minimum period of thirty days noticetwenty-four (24) months in addition to the thirty-nine (39) months reemployment rights. d. 18.3 Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, with no other alternative for employment within the District will meet shall be offered any temporary hourly position with the representatives similar duties or responsibilities being performed at their location of the BVCEA in an effort to resolve issues related to such a reduction in forceemployment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of Xxxxxxxxx employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position is eliminated which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution. (d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures. (e) Displacement procedures will take place in the following order: (1) Once a reduction in FTE position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be displaced. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the classification working in another department. (3) If there are no other positions within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above whose position has been reduced will displace the least senior employee with the least seniority in any equal or lower paying position previously held by that regular employee or be placed in a vacancy in the job classification at or below his/hers, within highest paid position available that the department, according to the reverse order of job progressionemployee previously held. v. A regular (4) An employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee has been displaced from his/her job classification under this procedure will receive as a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced. (5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be laid off reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY. (6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position. (7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the Districtreduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only. j. (8) In order to be eligible for assignment/transfer to any position in this process, a displaced employee must meet the event of a substantial layoff, minimum qualifications for the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceposition.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of Xxxxxxxxx employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the f o l l o w i n g procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position is eliminated which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution. (d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures. (e) Displacement procedures will take place in the following order: (1) Once a reduction in FTE position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be displaced. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the classification working in another department. (3) If there are no other positions within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above whose position has been reduced will displace the least senior employee with the least seniority in any equal or lower paying position previously held by that regular employee or be placed in a vacancy in the job classification at or below his/hers, within highest paid position available that the department, according to the reverse order of job progressionemployee previously held. v. A regular (4) An employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee has been displaced from his/her job classification under this procedure will receive as a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced. (5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be laid off reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY. (6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position. (7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the Districtreduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. The following procedures will govern the reduction of classified staff made necessary through financial reasons, decreased enrollment of pupils, abolishment of positions, and return to duty of regular employees after leave of absence or suspension of schools or territorial changes affecting the District. 1. Prior to any anticipated reduction, the superintendent shall advise the Union as to why the reduction is deemed necessary, what departments or class within a department are to be affected, the extent of the anticipated reduction and will provide the Union, at that time, with a list of all employees in each affected department or class within a department indicating the seniority of each employee so listed. 2. Any reduction in staff will first be accomplished through attrition or by suspending the contracts of employees on eighteen (18) month probationary contracts employed in the affected department or class within a department, insofar as it is possible to do so. The employment of replacements for some positions may be necessary, however, in the event that employees in the system do not possess the necessary licenses and/or qualifications for a position that needs to be filled. 3. In the event further reduction in staff is considered necessary by the Board of Education, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools, who shall, within each department or class within a department affected, give preference to employees on continuing contracts and to employees who have greater seniority as defined in Article III, Section H of this agreement. A reduction in force will be recognized when either identified by job department or class within a full position is eliminated or department and by building. The employee displaced by a reduction in FTE within a job classification. 1. Should there force shall be an FTE reduction that does not result in assigned to a position being eliminated, held by the least senior regular employee in that department or class within a department of equal hours or the job classification closest number of hours that do not exceed the hours of the position that was reduced. This same procedure will be subject apply to each subsequent displaced employee. When all of the assignments are complete or if an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedemployee declines an assignment, the least senior regular last employee within the job classification at the school/department being reduced in FTE displaced will be the employee impacted at that school/departmentsubject of the reduction and will be placed on the restoration list. The reduced An employee may then exercise their right decline an assignment to a position of lesser hours and choose to be placed on the restoration list for a position of equal hours. An employee who declines a position of equal hours will give up all rights to be placed on the restoration list. Employees with job department or class within a department seniority in more than one job department or class within a department may displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTEto be laid off. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply employee to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from may only bump an employee in their previous department who works the Districtsame or less hours worked by the employee when the employee worked in the previous department. Employees do not have an expectation of returning to their exact same position or hours when moving back to a previous job department. j. 4. Reductions or layoffs shall be on the basis of job department and classes within a department. In the event of a substantial reduction or layoff, an employee in a higher class within a department shall first have the District option to bump an employee with less seniority in his/her respective department or employment 5. Job department and classes within department will meet with the representatives of the BVCEA in an effort be identified as follows: a. Education Aide • Class I – Up to resolve issues related but not including 3 hours • Class II – Greater than 3 hours and up to such a reduction in force6 hours • Class III – Greater than 6 hours b. Office Personnel • Class I – General Clerical not exceeding 4 hours • Class II – General Clerical greater than 4, less than 8 hours • Class III – General Clerical 8 hours • Class IV – Secretary 10 months • Class V – Secretary 12 months c. Kitchen Helper • Class I – Up to but not exceeding 2 hours • Class II – Greater than 2 hours but less than 5 hours • Class III – 5 or more hours • Class IV – Assistant Kitchen Manager • Class V – Kitchen Manager • Class VI – High School Kitchen Manager d. Custodian • Class I – Up to be not exceeding 3 hours • Class II – Greater than 3 but less than 8 hours • Class III – 8 hours • Class IV – Head Custodian e. Maintenance • Class I – Unskilled Labor • Class II – Semi-skilled • Class III – Skilled • Class IV – Assistant to Engineer f. Courier – Not to exceed one and one-half (1 ½) hour day and to be substantiated by time slips, plus mileage. Position may be filled by current employee six (6) or less hours who can work courier time. g. LRC Aide

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a. If the District determines the need for a reduction in FTE its workforce, notice of at least thirty (30) calendar days shall be provided to employees to be laid off and to the chapter president. The District may ask for volunteers as soon as the notice has been given to the Association but will not impede the layoff process. No regular employees shall be laid off within a job classification. 1. Should there be an FTE reduction that does not result classification as hereafter set out until, in a position being eliminatedthis order, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After all temporary and employees, rehired retirees, or probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or classification have been released. Employees within a job classification as hereafter set out shall be laid off in laying off employees from the inverse order in which they were hired by the District. b. When it becomes necessary to implement An employee who has total length of continuous service with the District which is greater than that of employees (i) in an equal or lower job classification within the categories as hereinafter set out or, (ii) then in a reduction job classification in forcewhich the employee has had prior work experience with the District, and for which the following procedure shall be observed: i. Temporary employees employee is qualified at the time of layoff, may bump the least senior employee provided employee performance in the affected job classification(s) will be removed first. ii. Probationary employees in prior position was satisfactory up to and including the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. ivtime of transfer. A regular bumped employee removed under clause “c” above will displace the may in turn bump an employee with the least seniority in the job same classification and if there is no less senior employee, such bumped employee may bump out of classification on the same terms as described in the foregoing sentence. No employee will be required to bump another employee. Employees shall have three (3) working days from the date of district notice of layoff to make a decision regarding their right to bump another employee. An employee who bumps out of classification shall be compensated at the range for the classification into which the employee has bumped at the same step occupied prior to bumping, or below his/hers, at the highest step the employee had previously worked at within the departmentclassification into which the employee bumped, according to the reverse order of job progression. v. A regular whichever is greater. Any employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace bumps out of classification must bump the employee with the least seniority seniority. Employees may not bump into positions with higher FTE or wage than current position. c. Laid off employees who have recall status may apply for posted vacancies in the District whose job he/she can perform. c. A regular outside their classification. If hired for another position the employee displaced from his/her job classification is not eligible for recall in, the employee will not forfeit their recall rights if the position is a lesser hour position and/or in a lower classification. The employee’s accumulated leaves, insurance benefit (if eligible under this procedure the new position), and vacation accrual will receive a minimum be restored upon the employee’s return to work at the same amount at the time of thirty days noticelayoff. The District will not issue or post vacancy notices for classifications that were reduced until the recall list has expired or no laid off employee remains on the recall list. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a forces again increase, the employees within job under this procedureclassification categories shall be returned in the inverse order in which they were laid off. In such cases, his/her seniority will go shall be used to determine the order of layoff and return to work consistent with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces employee’s qualification and must be qualified ability to perform the job to which the employee’s seniority entitled the employee. No new employee will be hired into classifications from which employees are laid off and remain qualified to perform on the recall list. Notice of recall shall be sent to eligible employees via certified return receipt mail. Failure to timely respond to recall, the maximum being five (5) working days from the date of receipt of the first delivery attempt notification, or five (5) working days after the delivery of the item, whichever comes soonest, shall be considered as immediate voluntary termination. It is the responsibility of the employee he/she displacesto ensure the District has the proper address to send the notice of recall and a phone number to communicate information. The determination Any notice of qualifications rests solely recall returned to the District office undeliverable will be considered as a voluntary termination. Employees who accept a notice of recall shall have up to two (2) weeks from the day the employee accepts the position in the notice of recall to return to work but may volunteer to return prior to designated return date with district approval. e. Recall status will automatically terminate twenty-four (24) months from the date of layoff. Employees will not forfeit their rights to recall should an employee accept a lesser hour position and/or a job in a lower classification. They will remain on the recall list for those hours and position(s) which they had prior to the layoff until the end of their twenty-four (24) month recall period. Employees who refuse an offer of recall to a position other than the position the employee was laid off from or for FTE less than in the employee’s original position, shall be considered a voluntary resignation and removed from the recall list. Employees who are laid off will be given consideration as substitutes and such consideration will not affect the member’s recall rights. f. For purposes of the foregoing paragraph, seniority shall mean the classified employee’s total length of continuous uninterrupted service with the District. g. Under this procedure, an employee canLayoff rankings and priorities will not displace another employee who is in a higher rated job classificationbe applicable where the District must comply with maintenance of standards requirements under the law. h. Under this procedure, an employee may not acquire additional work All ties in seniority shall be broken by the drawing of lots. The drawing of lots shall take place within seventy-two (72) hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with providing the representatives two (2) week notice to the Association of the BVCEA in an effort to resolve issues related to such a reduction in force. i. Job categories for the purposes of this Article are as follows: Category 1 Administrative Assistant Office Manager Office Assistant Secretary Category 2 Payroll Specialist II Payroll Specialist I Accountant Accounting Clerk Category 3 Multilith Operator II/Site Publications Operator I Category 4 Technical Support Specialist Multi Media Communication Specialist Category 5 Applications and Data Analyst Computer Programmer III Computer Programmer II System Analyst II/Achievement and Data Reporting Analyst System Analyst I Category 6 Infrastructure Administrator Computer Technician III Computer Technician II Computer Technician I Category 7 Campus Monitor III Campus Monitor I Category 8 Child Development Center Leader Child Development Center Assistant II Child Development Center Assistant I Category 9 Translator/Interpreter Category 10 Special Education Assistant II Educational Assistant – Computer Lab Educational Assistant/ELL Educational Assistant/ELL Success Specialist/Special Education Assistant I/Student Success Specialist Educational Support Staff/Title Support Staff Category 11 Media Center Technician Media Center Assistant High School Media Center Assistant Middle School Category 12 Family and Equity Liaison Positive Attendance Support Specialist Category 13 Speech Language Pathology Assistant Category 14 Licensed Practical Nurse Category 15 Head Custodian Custodian II Custodian I Category 16 Groundskeeper Category 17 Maintenance Specialist – Welding Category 18 Maintenance Specialist – Locksmithing/Carpentry Category 19 Maintenance Specialist – Carpentry/Cabinetry Category 20 Maintenance Specialist – Painting Category 21 Maintenance Specialist – HVAC Category 22 Maintenance Specialist – Plumbing Category 24 Warehouse Worker II Warehouse Worker I Category 25 Theatre Technician Category 26 Resource Conservation Specialist Category 27 Purchasing Coordinator Category 28 Safe Routes to School Coordinator Category 29 Communications Support Specialist

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A A. If the District, in the exercise of its discretion, determines that it shall reduce the number of employees in the unit, the Committee shall implement such reduction utilizing the following process. The District shall determine which positions in force each classification are going to be eliminated. If the employee(s) holding the position(s) have more seniority (determined by length of service in the school system) than other employees in the same classification, then the employee will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject allowed to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace bump the least senior employee in the classification within the job same building. If the affected employee(s) cannot bump anyone in their current classification that holds within the FTE same building, the more employee(s) may bump the least senior employee had before in the school/department was reduced classification in FTEthe District. The seniority impact would continue until only If the last senior affected employee(s) are impactedcannot bump anyone in their current classification, the employee(s) may bump the least senior employee in the next lower classification if the affected employee(s) is more senior. No further reductions will occur outside If not, the affected employee(s) may bump the least senior employee in the lowest classification if the affected employee(s) is more senior. Employees shall receive at least two (2) weeks prior written notice of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have layoff together with a bidding process each year for their assignmentscopy of this Article. 2. Should there be B. An employee may bump down into a position completely eliminated, lower classification to avoid termination as long as the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary affected employee has seniority over employees in the affected job classification(s) will be removed firstlower classifications. iiC. Any employee who must change location in order to retain employment shall have the option of either changing location or being terminated before the employee to be bumped is terminated. Probationary employees Such option must be exercised in writing and delivered to the Business Manager by the affected job classification(s) will be removed nextemployee within seven calendar days of their knowledge of the reduction. iii. D. The regular employee(s) rank order of job classifications from high to low is as follows: Cafeteria Cook Supervisor Cafeteria Cook Assistant Cafeteria Cook E. Recall from layoff shall be in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority layoff to the same or similar positions. The Committee shall give at least two (2) weeks written notice to the qualifications to perform last known address of the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee. The recalled employee must have more seniority than respond within five (5) working days of receipt of the employee he/she displaces notice of recall unless extended by the Superintendent as to employee's intent to return, and must return on the date fixed by the Superintendent unless excused for not more than two weeks by the Superintendent. An employee shall be qualified on the recall list for one year. Positions restored for recall within one year of layoff shall not be subject to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in posting requirements under Article 20 if they are to be filled by a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another laid off employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. A reasonable reduction in force instructional staff members may be made in the event that a reduction becomes necessary as a result of a decreased enrollment of pupils, elimination of subjects or classes, return to duty of regular teachers after leaves of absence, financial reasons, or by reason of suspension of schools or territorial changes affecting the District. B. When such reduction is deemed necessary, the reduction will be recognized when either a full position is eliminated or a reduction made in FTE within a job classification.accordance with the following provisions: 1. Should there be an FTE reduction that does not result in a position being eliminated, The Superintendent shall provide written notice to the least senior regular employee within Association with the job classification reasons for the RIF. A seniority list of all employees will be subject to an FTE reduction. Throughout BVSD provided with the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentswritten notice. 2. Should there The seniority list shall be prepared by listing all teachers according to continuous service in the District within all areas of certification. 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 employee. Teachers using any Board approved leave of absence shall not lose the seniority held prior to the leave, nor shall they gain additional seniority for the time on leave (e.g., a position completely eliminatedleave of absence shall not break any employee's continuous employment). If ties occur in seniority regarding academic years of service, the following will take placesuch ties shall be broken as follows: a. District seniorityfirst, rather than departmental seniorityby earliest date of Board action to employ, shall prevail when reducing the number of employees within a department or in laying off employees from the District.and then b. When it by earliest date on which the employees signed their initial employment contracts, and then c. by earliest date on which the employees submitted completed job applications, and then d. if ties still remain, by lot if and when such becomes necessary in order to implement a staff reduction. 3. Teachers holding temporary certificates shall be the first to have their contracts suspended. If further reductions are necessary, then the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent, who shall recommend reductions in a teaching field by selecting the lowest person on the seniority list in that area of certification. A teacher so affected may elect to displace another teacher who holds the lowest position on the seniority list in another area of certification provided he/she holds a valid certificate in the area. 4. A teacher who may be affected by a reduction in forceforce shall be given written notification in a conference with the Superintendent and an association representative of the teacher’s choice as soon as the possible need of such reduction becomes known. The notification shall state the reason(s) for the reduction. and reason(s) for the selection of said teacher. The personnel records and all future references of those employees laid off pursuant to this policy shall clearly indicate that such was due to a reduction in force and was not due to unsatisfactory performance. 5. Teachers whose continuing contracts are suspended shall have the right to restoration to continuing service status upon the recommendation of the superintendent. Recommendation will be made in the order of seniority of service in the District, if and when teacher positions become vacant for which any of such teachers are certified, and only among those teachers with comparable evaluations. After restoration rights of teachers with continuing contracts, those on limited contracts shall also be restored in the above-described manner. C. The teacher shall return to work upon being called back by the Board by registered letter. If the teacher fails to return to work as requested, the following procedure teacher shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according lose all right to the reverse order restoration of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovecontract. The teacher shall, because at all times, have the obligation of keeping the Board apprised of his/her present address, and the Board shall notify the teacher at the address so filed with the Board. The Board shall have no other duties in seeking to notify the teacher of his/her opportunity to return. D. A teacher whose contract is suspended shall be placed on a recall list, for a period of two (2) full academic years, stating years of continuous service to the District, subject(s) and/or grade levels certified to teach, and type of contract held at the time of suspension. A teacher may verify new areas of eligibility on the recall list by filing any new certification in the Superintendent's office by April 1. A teacher on the recall list shall be offered a contract for a position for which he/she does is certified as positions become available and, only among those with comparable evaluations, in keeping with the seniority provisions (inverse order: last discharged, first employed). E. A teacher may grieve only that he/she, himself/herself should not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performbeen laid off. c. A regular employee displaced from F. Any award for back pay shall be reduced by any compensation, including unemployment compensation received, during the period in which the teacher was actually laid off. G. The Board reserves the right to non-renew the contract of any limited contract status teacher pursuant to the terms and conditions of this CBA. H. During the restoration period, a teacher shall be eligible to have his/her job classification insurance coverage(s) continued under this procedure will receive a minimum of thirty days noticeCOBRA. d. Any regular employee displaced I. If an Association member retires while under this provision may also follow this procedurea RIF, the member shall be paid 100% of severance during the first year of the restoration period, and 50% of severance during the second year of the restoration period. e. When an employee acquires a job under this procedure, his/her seniority will go with the jobJ. There may be involuntary transfers used to accommodate RIF recall. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. A A. The Association shall be notified of any legally required Reduction in Force hearing at least ten (10) calendar days prior to such hearing date. B. If it is determined that a reduction in force is necessary, the Board shall remove teachers based on each teacher’s placement in 1 of 4 performance evaluation groups in the “sequence of honorable dismissal list.” Teachers shall be honorably dismissed in group order, with teachers in Group 1 the first to be honorably dismissed and teachers in Group 4 the last to be honorably dismissed. From amongst those teachers in Group 1, the District may honorably dismiss in any sequence. Within Group 2 the District shall honorably dismiss based on the average performance evaluation rating of the past two evaluations of said teachers, if two ratings are available; if only one rating is available, the last performance evaluation rating shall be used. The teachers in Group 2 with the lowest average performance evaluation rating will be recognized when either dismissed first. In Group 2 seniority shall only be used to determine layoff sequence in cases of a full tie for teachers with the same average performance evaluation rating in the same grouping. Within Groups 3 or 4, teachers shall be honorably dismissed using inverse seniority. C. If the Board has any vacancies for the following school term, or within two calendar years from the beginning of the following school term, teachers who are honorably dismissed from Group 3 and Group 4 shall have the right to be recalled, provided said teachers are qualified to hold the vacant position. Group 2 teachers have limited recall rights subject to the Illinois School Code. Such teachers shall be recalled in inverse order of the honorable dismissal. In the event the School Code requires a longer recall period, the District shall recognize such longer recall period. It is the responsibility of the RIF’d employee to provide current contact information to the District Office prior to their last day of employment. Once contacted and offered recall, a teacher will have up to (5) five calendar days to accept or decline the position. Teachers who refuse an offered recall waive their right to any additional recalls. D. If a full-time tenured teacher has been reduced to a part-time position is eliminated or as part of a reduction in FTE within force and a job classification. 1. Should there be an FTE reduction full-time position in which the teacher is qualified to hold becomes available, that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject offered to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure before other candidates will be laid off from the Districtconsidered. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA E. Reductions-in-force shall be pursuant to law unless otherwise stated in an effort to resolve issues related to such a reduction in forcethis agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 2001 In the event of a reduction in force (layoff), the Employer will endeavor to give thirty (30) days’ notice to the Union and Employees. The Employer agrees to meet with the Union to inform the Union of such reduction in force. A reduction in force shall be accomplished within a specific Unit and classification, as determined by job qualifications, based on seniority. 2002 Laid off Employees shall be given a severance of two (2) weeks’ pay for each year of service to a maximum of twenty-six (26) weeks. 2003 An Employee whose position has been eliminated in a reduction in force will be recognized when either a full offered any vacant position in the same unit, same status and same classification for which the Employee is eliminated or a reduction in FTE within a job classification. 1qualified, after completion of the posting process. Should there be an FTE reduction that does not result in a position being eliminated2004 If the affected Employee declines the vacant position, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee affected Employee may then exercise their right to displace the least senior employee Employee within the job classification that holds Unit where the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers Employee currently works and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in same classification and status provided the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be Employee is qualified to perform the job of the employee he/she displacesEmployee being displaced. The determination If no such position is available, the Employee may displace the least senior Employee in the Region in the same classification and status. 2005 Failure to exercise seniority within the Unit as described above shall result in the layoff of qualifications rests solely with the District. g. Under affected Employee. 2006 An Employee on layoff status pursuant to this procedureArticle shall be offered, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions reverse order of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with first available vacancy in the representatives classification and Unit from which the Employee was laid off before a new Employee is hired in that classification, provided that, in the opinion of the BVCEA Employer, the Employee possesses the experience and skill defined in the posted requirements. This will occur only after completion of the internal posting process. 2007 An Employee on layoff status shall have rights to recall for one (1) year. 2008 Should an effort Employee on layoff status decline to resolve issues related return to such work when a vacancy arises within the same job classification, status and Unit, the Employee will be removed from the layoff list. 2009 Nothing herein shall prevent the parties from mutually agreeing to modify the above procedure, should a reduction in force.force occur. 2010 Units within the Region are defined as follows: Hawaii Oahu Maui

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 8.01 Reduction-in-force for the reasons set forth in force O.R.C. 3319.17 as it exists on the date this Contract is ratified by the parties – i.e., return to duty of regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, financial reasons, or decreased enrollment of students in the District – shall be made within affected teaching areas based upon the Superintendent’s recommendation. The Superintendent’s recommendation as to which contracts shall be suspended shall be based upon the following: A. All bargaining unit members will be recognized when placed on a seniority list for each teaching field for which they are properly certificated/licensed. Employees serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Employees serving under limited contracts will be placed on the list below continuing contract employees, also in descending order of seniority. B. Recommendations for reductions in a teaching field will be made by selecting the lowest person on the seniority list in the affected employee’s area(s) of certification/licensure among all employees receiving a “comparable” summative evaluation rating. In determining the summative evaluation rating that will be utilized for purposes of this Article, the Superintendent will average the employees’ three most recent summative evaluation ratings (working off the numerical value of the assigned summative rating). If an employee does not have three summative evaluation ratings, the Superintendent will either utilize the one rating available if the teacher has only been in the District one year, or average the two ratings available if the teacher has been in the District for only two years. A teacher without a full position is eliminated or summative evaluation rating (i.e., a reduction in FTE within a job classificationfirst-year teacher if the RIF will occur prior to the end of the school year) shall be the first to have his/her contract suspended. In making his/her recommendations, the Superintendent must first reduce bargaining unit members on limited contracts and then bargaining unit members on continuing contracts. 1. Should there Employees with limited contracts will be an FTE reduction that does not result reduced utilizing the following order: a. Certification/Licensure within the affected teaching field. b. Comparable evaluations as defined below. c. When evaluations are “comparable,” seniority in a position being eliminatedthe District shall prevail, with the contract of the least senior regular limited contract employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, affected teaching field being the least senior regular employee within the job classification at the school/department being reduced in FTE will first to be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentssuspended. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing necessary reduction of bargaining unit member positions exceed the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary limited contract employees in the affected job classification(steaching field, continuing contract employees shall be reduced utilizing the following order. a. Certification/Licensure within the affected teaching field. b. Comparable evaluations as defined below. c. When evaluations are “comparable,” seniority in the District shall prevail, with the contract of the least senior continuing contract employee in the affected teaching field being the first to be suspended. 3. Comparable Evaluations: Suspension of bargaining unit members, and recall of eligible bargaining unit members whose contracts have been suspended pursuant to a RIF, will not be based upon seniority, except in circumstances when choosing between employees with “comparable” holistic teacher performance ratings. The application of the term “comparable” as applied to teacher evaluations shall be based on the following: For the term of this Contract, “comparable holistic teacher performance ratings” is defined as the average of the employee’s three most recent OTES evaluations in the District (if an employee has fewer than three OTES evaluations in the District, it is the average of the employee’s OTES evaluations in the District) such that: a. For employees with limited contracts: i. All employees rated “Ineffective” on their holistic teacher performance rating will be removed firstconsidered to be “comparable” to each other. ii. Probationary All employees in the affected job classification(s) rated “Developing” on their holistic teacher performance rating will be removed nextconsidered to be “comparable” to each other. iii. The regular employee(s) in the affected job classification(s) with the least seniority All employees rated “Skilled” on their holistic teacher performance rating will be removed nextconsidered to be “comparable” to each other. iv. A regular employee removed under clause All employees rated cAccomplishedabove on their holistic teacher performance rating will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according be considered “comparable” to the reverse order of job progressioneach other. v. A regular employee who cannot displace another employee in his/her own department under b. For employees with continuing contracts: i. All employees rated dIneffectiveabove, because he/she does not have sufficient seniority or the qualifications on their holistic teacher performance rating will be considered to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performbe “comparable” to each other. c. A regular employee displaced from his/her job classification under this procedure ii. All employees rated “Developing” on their holistic teacher performance rating will receive a minimum of thirty days noticebe considered to be “comparable” to each other. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displacesiii. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher All employees rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure “Skilled” or “Accomplished” on their holistic teacher performance rating will be laid off from the Districtconsidered “comparable” to each other. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. In the event of a reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job functional classification, classification seniority shall first be controlling in inverse order. B. Thereafter, an employee must first revert to any position or classification previously held for which the employee is qualified, utilizing District date-of-hire seniority. The employee’s classification seniority date shall be the original date of entry into the classification. C. However, an employee may bump to any position or classification not previously held, or for which the employee is qualified, utilizing District date-of-hire seniority. The employee's classification seniority date shall be the date of entry into the classification. 1. Should there be an FTE reduction that does not result in a The employee must first bump into any open/unfilled position being eliminatedwithin the classification, or 2. If no open/unfilled position exists, the least senior regular employee may use his/her date-of-hire seniority to bump within the classification. 3. The person whose job was bumped shall exercise his/her seniority to bump within the classification. 4. Thereafter, all bumps for affected employees in lower classification will shall be subject governed by District date-of-hire seniority. 5. Finally, if there are no positions in eBART to bump into, employees may apply to vacant positions in core BART. D. In the event any position is reinstated or there becomes an FTE reductionopening, the position shall first be offered within the functional classification. Throughout BVSD Thereafter: 1. Employees separated from the classification due to a reduction in FTE will occur force shall be afforded a single option to be reinstated to the classification in the following manner: a. After temporary and probationary employees have been reducedinverse order in which they were removed. If the affected employee has subsequently bid to a new classification, the least senior regular employee within the job classification at the schoolhe/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they she shall have a bidding process each year for their assignmentssingle option to utilize this section. 2. Should there The affected employee shall select any open position within the classification. 3. Classification seniority shall be the original date of entry into the classification. 4. Employees separated from the District shall have the option of applying for a position completely eliminatedin a lower classification at a lower pay level. However, said employee can reject such an offer and still remain on the recall list. E. Employees separated from the District by reduction in force shall be recalled by District date-of-hire seniority based on the following formula: each employee shall have recall rights for a period of two (2) years from the date of separation. Seniority for such recalled employees shall continue up to reinstatement. In the event any position is reinstated or opened, the following will take placeposition shall be first put through the bid procedure within the pick unit. Thereafter: a. District 1. The recalled employee shall first bump into the classification by use of original classification seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii2. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District person whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, was bumped shall exercise his/her seniority will go to bump within the classification. F. The District shall send Notices Of Recall (reinstatement) by certified mail, return receipt requested, or by email and shall copy the union on all notices by email. The District shall be responsible for notifying an employee only if the employee has provided the District with the jobcorrect email and mailing address. Employees on the reinstatement list shall have ten (10) calendar days from the receipt of certified mail or email to accept or reject the reinstatement. Employees shall have the right to reject, without prejudice, offers of re-employment of less than sixty (60) calendar days. Acceptance shall be made by email or certified mail, return receipt requested. Absent illness and/or disability, failure to accept or reject reinstatement within ten (10) calendar days will result in loss of recall rights. Notice and proof of illness and/or disability must be supplied to the District within ten (10) calendar days from the date of recall notice. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the G. No job training of the displacing employee heother than familiarization/she displaces. The determination of qualifications rests solely with orientation shall be provided by the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or 44.01 In the event that a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or covered by this agreement is deemed necessary by the Town, it shall so advise the Union and meet and confer with the Union. The layoff procedure set forth below will be utilized to affect the reduction in laying all cases, except where the parties may otherwise agree. 44.02 Non-civil service employees shall be laid off before any permanent civil service employees. Labor service employees who have not completed the six-month probationary period shall be laid off before any labor service employees who have completed the probationary period. The following considerations shall be used to determine the order of layoff for non-civil service employees and labor service employees who have completed the applicable probationary period: A. Length of service computed from the Districtdate of initial employment by the Town as a bargaining unit employee. b. When it becomes necessary B. Knowledge, training, ability, skill and personnel record. C. Physical fitness; and D. Leadership qualities. E. Where factors (B), (C), and (D) are relatively equal, non-civil service employees and labor service employees who have completed the applicable probationary period shall be laid off in the inverse order of their seniority as computed from the initial date of employment by the Town as a bargaining unit employee. 44.03 If after all non-civil service employees are laid off, additional layoffs are still necessary, permanent civil service employees will be laid off in the inverse order of their seniority as set forth below: A. A permanent employee who has the least seniority, measured from the first day of service in that grade, will have the right to implement bump down into the next lower grade and shall be presumed to have the highest seniority for purposes of this section in that grade. If that or any subsequent bumping requires a reduction of the total number of employees in forcea next lower grade, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with who has the least seniority in the job classification at said lower grade, measured from the first day of service in that grade, will in turn have the right to bump down into his next lower grade under the same conditions as set forth above. After the bumping process has been completed in the manner set forth above, necessary layoffs will be made in the lowest contractual grade in which custodians are employed in inverse order of seniority measured from the first day of service in the said lowest grade. B. To the extent practical, normal attrition will be used to accomplish any reduction in the work force. That is, employees who die, resign, or below his/hersretire will not be replaced by new employees if there are permanent civil service employees laid off. When permanent civil service employees are laid off, within the departmentTown agrees not to hire any new employees to fill permanent vacancies to which a laid off permanent civil service employee may be qualified and available for recall. C. If an employee becomes separated from their position because of lack of work or lack of money or abolition of position, their name shall be placed by the Town on a re-employment list according to the reverse order of job progressionseniority. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. D. In the event that a court or administrative agency of a substantial layoffcompetent jurisdiction determines that any of the foregoing sections of this Article are contrary to state law, the District will meet with the representatives of the BVCEA remaining sections shall remain in an effort to resolve issues related to such a reduction in forcefull force and effect.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 1. If it becomes necessary to reduce the administrative personnel, it shall be on the basis of seniority, certification and qualifications as defined hereinafter except the Superintendent may make such determination based on the unique needs of the school system or the unique talents of an individual administrator. In order to promote an orderly reduction in force the administrative personnel, the following procedure will be recognized when either a full used: A. Any administrator relieved of his/her duties because of reduction of staff or elimination of position shall be offered an administrative opening (if one exists) in his/her job title within his/her salary group for which he/she is eliminated or certified and qualified. B. If there is no existing administrative opening in his/her job title within his/her salary group for which he/she is qualified and certified, and the displaced administrator has the least seniority in his/her job title within his/her salary group, he/she will be offered an administrative opening, if one exists, as follows: first, in his/her current salary group for which he/she is certified and qualified; and second, in any other lower grouped job title for which he/she is certified and qualified. C. If an administrator is relieved of his/her duties because of a reduction in FTE within staff or elimination of position and another administrator position is not otherwise available as aforesaid, he/she will be offered a job classificationteaching position for which he/she is certified and qualified and which is held by a teacher with fewer years of service in the Cheshire School System subject to the law appertaining and the collective bargaining agreement between the Board and the Cheshire Education Association. 1. Should there be an FTE reduction D. In the event that does not result a displaced administrator is placed in a position being eliminatedlower salary group or the teacher bargaining unit as a result of this article, the least senior regular employee within the job classification displaced administrator will be subject entitled to an FTE reductiona $5,000 severance payment. Throughout BVSD This severance payment shall be paid in twelve (12) equal installments throughout the reduction school year in FTE will occur in which the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdisplacement becomes effective. 2. Should there be a position completely eliminated, the following will take placeThe job titles and salary groups referred to in this article are: a. District seniority, rather than departmental seniority, shall prevail when reducing the number I. Assistant Principals (Elementary/Middle School) Special Education Supervisor II. High School Assistant Principals III. Elementary Principals Associate Principals (CHS) Curriculum Coordinator Coordinator of employees within a department or in laying off employees from the District.Adult Education & Teacher Development b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. iiIV. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order Middle School Principal Director of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum Pupil Personnel Services Director of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces Curriculum and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.Instruction V. High School Principal

Appears in 1 contract

Samples: Employment Agreement

REDUCTION IN FORCE. A In the event the Board of Directors, in its exclusive judgment, ultimately decides that a reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE implemented, the Board shall specify the number of positions to be authorized within a each job classification. 1. Should there Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an FTE reduction that does not result employee in a position being eliminated, higher paying job classification shall have the least senior regular right to "bump" employees in lower paying job classifications in which the higher paid employee within the was previously employed. An employee who “bumps" to a lower paying job classification will be subject placed on the applicable seniority list for that classification according to an FTE reductionthe employee’s prior District service (promotion date) in that rank. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the Employee(s) cannot ”bump" into a lower paying job classification that holds they were not previously employed and successfully completed probation, unless while during probation in the FTE lower paying job classification the more senior employee had before was promoted into the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the higher paying job classification. Note: This Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2commence with the highest job classification. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(sThose employee(s) will be removed first. ii. Probationary employees "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the affected lower paying job classification(s) will be removed next. iiiclassification. The regular employee(s) in In the affected job classification(s) with the least seniority will be removed next. iv. A regular event that an employee removed under clause “c” above will displace the employee with the least seniority in the ''bumps'' to a lower paying job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee accordance with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article, their salary shall be immediately reduced to the step of the lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employee’s name from the recall List, unless, said employee is determined to be totally disabled. Physical examinations shall be at the District. j. 's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any such reduced or laid-off employee fails to report for duty within thirty (30) days after mailing a written notice by registered mail to the last known address, they shall have lost the right to be rehired or advanced hereunder. In the event that an employee is advanced from a job classification to another job classification in accordance with the provisions of paragraph 5 above, their salary shall revert to the step of the higher range that would have applied had there not been a reduction in job classification as a result of a substantial layoffgeneral lay-off. If at any point in time during the two (2) year reinstatement period (as identified above), the District reclassifies the job descriptions, but maintains similar job functions, the employees who were directly affected by the initial lay-off from their previously held positions, will meet with be granted re-hiring rights under the representatives new job description/classification. This will remain in effect for the entire duration of the BVCEA in an effort to resolve issues related to such a reduction in force.two

Appears in 1 contract

Samples: Memorandum of Understanding

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject If it becomes necessary to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing reduce the number of employees within or the number of hours in a department job classification due to abolishment of positions, financial reasons, lack of work, the closing of schools, or any other reasons set forth in laying off employees from the District. b. When it becomes necessary to implement a reduction in forceO.R.C. §3319.17, the following procedure shall govern such reductions. Affected employees shall be observedreduced according to seniority. Affected employees shall be allowed to bump a less senior employee within the same classification based on classification seniority. In the event an affected employee is the least senior in the classification, he/she may bump into the next lower classification within the series based on system seniority. No upward bumping shall be permitted. In the case of an employee having to bump into the next lower classification within the series, if another reduction in force takes place series seniority shall prevail over classification seniority for purposes of the reduction. If an affected employee is the least senior in the series, he/she may bump a less senior employee within another classification provided he/she had been contracted to work in the classification for at least two (2) years within the previous five (5) years based on system seniority and if he/she currently possesses any necessary licenses/certification for the position. The following classifications included in the bargaining unit shall be used for the purpose of defining series/classifications in the event of a reduction: i. Temporary employees in A. Transportation Series •Bus Mechanics •Bus Drivers B. Cafeteria Series •Head Cooks •Cooks D. Maintenance Series F. Aides G. Utility Person Consideration shall be given to June 1 as being the affected job classification(seffective date for reductions. Each employee to be reduced shall be given ten (10) will days advance written notice of the reduction. Each notice shall state the following: A. Reasons for staff reduction B. Effective dates of reduction C. A statement advising the employee of his/her rights concerning reinstatement D. A copy shall be removed first. ii. Probationary employees in given to the affected job classification(s) will be removed next. iiiLocal President. The regular employee(saffected employee’s name shall be carried for reinstatement for a period of twenty-four (24) months from the effective date of the reduction in force. If an employee is recalled during this period, such employee shall retain all previous accumulated seniority, all rights related to salary, and fringe benefits. In the affected job classification(s) event of a recall, the Union shall be notified as soon as possible. The notice of reinstatement shall be made by email with the least seniority will Local President copied. Recall of employees shall be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in to the job classification held at or below his/hers, within the department, date of the reduction. Reinstatement in each classification will be according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee most senior employees being offered recall first. The position available shall first be posted and bid as provided in section 2 above, an Article 6 within the classification only. If no current employee must have within the classification with more seniority than the employee on the recall list takes it, the employee on the recall list with the most seniority in that classification shall be offered reinstatement. An employee being offered reinstatement shall have ten (10) days from the date of receipt to respond to the Local Superintendent. The response shall be in writing. It is the responsibility of the employee involved to advise the Board of an email address where he/she displaces and must can be qualified reached. Any employee who declines reinstatement shall be removed from the reinstatement list. If a position is not filled by an employee belonging to perform the job of classification in which the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedurereduction occurred, an employee cannot displace another from one of the other classifications may apply and be considered for the position if the employee who is has proper certification or qualifications. There shall be no reduction in salary upon reinstatement or reassignment to a higher rated job position in the same classification. h. Under this procedure. However, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her members applying and recalled and reassigned to remain at work under a different classification, the salary shall be determined according to the provisions of Article 6. The custodial classification shall be separated into full-time and part-time for the purpose of this procedure will be laid off from Article. Full-time shall mean the Districtemployee works twelve (12) months a year and eight (8) hours per day and part-time shall mean the employee works less than twelve (12) months per year and less than eight (8) hours per day. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of Xxxxxxxxx employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position is eliminated which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution. (d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures. (e) Displacement procedures will take place in the following order: (1) Once a reduction in FTE position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be displaced. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the classification working in another department. (3) If there are no other positions within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above whose position has been reduced will displace the least senior employee with the least seniority in any equal or lower paying position previously held by that regular employee or is placed in a vacancy in the job classification at or below his/hers, within highest paid position available that the department, according to the reverse order of job progressionemployee previously held. v. A regular (4) An employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee has been displaced from his/her job classification under this procedure will receive as a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced. (5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be laid off reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY. (6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position. (7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the Districtreduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only. j. (8) In order to be eligible for assignment/transfer to any position in this process, a displaced employee must meet the event of a substantial layoff, minimum qualifications for the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceposition.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A In the event the Board of Directors, in its exclusive judgment, ultimately decides that a reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE implemented, the Board shall specify the number of positions to be authorized within a each job classification. 1. Should there Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an FTE reduction that does not result employee in a position being eliminated, higher paying job classification shall have the least senior regular right to "bump" employees in lower paying job classifications in which the higher paid employee within the was previously employed. An employee who “bumps" to a lower paying job classification will be subject placed on the applicable seniority list for that classification according to an FTE reductionthe employee’s prior District service (promotion date) in that rank. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the Employee(s) cannot ”bump" into a lower paying job classification that holds they were not previously employed and successfully completed probation, unless while during probation in the FTE lower paying job classification the more senior employee had before was promoted into the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the higher paying job classification. Note: This Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2commence with the highest job classification. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(sThose employee(s) will be removed first. ii. Probationary employees "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the affected lower paying job classification(s) will be removed next. iiiclassification. The regular employee(s) in In the affected job classification(s) with the least seniority will be removed next. iv. A regular event that an employee removed under clause “c” above will displace the employee with the least seniority in the ''bumps'' to a lower paying job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee accordance with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article, their salary shall be immediately reduced to the step of the lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employees name from the recall List, unless, said employee is determined to be totally disabled. Physical examinations shall be at the District. j. 's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any such reduced or laid-off employee fails to report for duty within thirty (30) days after mailing a written notice by registered mail to the last known address, they shall have lost the right to be rehired or advanced hereunder. In the event of that an employee is advanced from a substantial layoff, the District will meet job classification to another job classification in accordance with the representatives provisions of paragraph 5 above, their salary shall revert to the step of the BVCEA in an effort to resolve issues related to such higher range that would have applied had there not been a reduction in forcejob classification as a result of a general lay-off.

Appears in 1 contract

Samples: Memorandum of Understanding

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated a. In the event the Superintendent determines to abolish secretarial staff positions or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing reduce the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) secretarial staff unit, layoff will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progressionseniority within the secretarial staff classifications, subject to qualifications and skills. The Superintendent and/or his or her designee shall be the sole judge of qualifications, so long as such determination is not unreasonable. v. A b. For the purposes of this Article, there are two secretarial staff job classifications: (1) Secretaries (2) Clerical Aides c. For purposes of the agreement: (1) Total continuous time as a regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority a position covered by this Agreement or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular bargaining unit in months and days shall be used to compute an employee’s length of service (seniority) in a secretarial staff position. An employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, acquire seniority after completing the probationary period and his/her seniority will go shall then date from the beginning of employment. (In case of a situation where two or more members of the bargaining unit are appointed on the same date, and there is need for reduction in force within the classification, they shall draw lots to establish their relative seniority status). (2) The length of service of an employee shall be broken and no prior periods of employment with the jobBelmont Public Schools shall be counted if such employee: voluntarily resigns his or her employment, or is discharged by the School Committee. (3) The 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 reduction in force is re-employed in a position covered by this Agreement within a period of 18 months immediately following the end of the recall period. d. Secretarial Staff who are to be affected by 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 made in lieu thereof. e. Secretarial Staff who are on layoff shall, for twelve (12) months after the effective date of layoff, be provided an opportunity according to seniority status to apply for a position in their classification that become available during this period. f. In order Appointment to displace another employee such vacancies shall be based on merit and specific qualifications for each vacancy as provided in section 2 above, an employee must have more seniority than determined by the employee he/she displaces administrator involved and must the Superintendent for Curriculum and Instruction. Such determination shall not be qualified subject to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtarbitration. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit himshall have the right to refuse re-employment for a longer or shorter work year without jeopardizing his/her to remain at work under the provisions of this procedure will be laid off from the Districtlayoff status. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force 15.1 The number of employees will be recognized when either a full position reduced at the sole discretion of the Board in situations where changes in program, enrollment or budget require it. In so far as it is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminatedpossible, the least senior regular employee reduction shall be accomplished through voluntary attrition. When this is not possible, the reduction will be based on seniority within the job classification categories for which the employee is qualified. 15.2 For the purposes of this Article, seniority will begin to accrue as of the date beginning an employee’s most recent period of continuous employment in the school district, and will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence (including a RIF procedure leave), but time away during such unpaid leave will not be counted in computing seniority. This will also apply to Earned Benefits such as accumulated Sick Leave, computation of Vacation days due, and position on the seniority List used for RIF purposes. These earned benefits will not continue to accrue during the unpaid leave, but will be subject reinstated upon the employee’s return to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsemployment. 2. Should there be a position completely eliminated, 15.3 A seniority list that indicates the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number date each bargaining unit member signed his or her original Personnel Contract (for that employee’s most recent period of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(scontinuous employment) will be removed firstundated and posted annually in the building, and this list will be used to determine seniority for the purposes of this Article, with the contract signing date being used in the need of a tie-breaker for situations where equal years of continuous employment occur. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another 15.4 An employee who is laid off shall be recalled for openings for which she/he is qualified. Employees shall be recalled in a higher rated job classification. h. Under this procedureorder of seniority, with most senior employee being recalled first. These rights shall remain in place for two (2) years after the date of being notified of the layoff. The employee shall be responsible for providing the Monroe School District with an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her up to remain at work under the provisions of this procedure date address to which recall notices will be sent by registered mail. Support Personnel who turn down an employment offer of a similar nature to the position that he or she was laid off from the Districtwith equal or greater hours will lose all rights to recall. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 25.1 Whenever the Superintendent, in the exercise of his/her discretion, determines that the District shall reduce the number of teachers employed by the District, the District shall (subject to the provisions of the General Laws of the Commonwealth of Massachusetts) implement such reduction by laying off, or not renewing the employment of those teachers without professional teacher status for whose position there is a teacher with professional teacher status qualified to fill. Once such reduction is implemented and completed, any further reductions shall be as set forth in force the following provisions of this Article. The following provisions of this Article do not apply to teachers without professional teacher status. The Superintendent shall determine the anticipated staffing needs, identify the instructional fields in which the Superintendent intends to reduce the number of teachers employed by the District and select for lay off those teachers having the least "length of service" as will in the opinion of the Superintendent enable the District to meet its anticipated staffing needs and meet the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42. Thereafter the District shall notify the Association in writing of the District's anticipated staffing needs, the certifications in which the District intends to reduce the number of teachers employed by the District and the teachers selected for lay off. The Association may within ten days of the receipt of the aforesaid notice deliver notice in writing to the District containing the names of the teachers having the least length of service as will in the opinion of Association enable the District to accomplish the District's intended reduction. The District may after the expiration of the aforesaid ten-day period lay off from the District's employ any one or more of the teachers named in the District's notice to the Association or named in the Association's notice to the District. Lay off under this article shall not be recognized when either a full position is eliminated subject to grievance or a reduction in FTE arbitration as to any given teacher unless (1) the Association has delivered the aforementioned notice of Association to District within a job classification. 1. Should there be an FTE reduction that the prescribed ten-day period and (2) the dismissed teacher's name does not result appear on the aforementioned notice of Association to District. Teacher 2019-2022 A lay off grievable under this article shall be subject to arbitration under Article 4 commencing at paragraph 4.6 if claimed in writing within 30 days after written notice of lay off to the teacher in question. The issue to be presented to the arbitrator is: whether or not the District has laid off the teacher(s) with the "least `length of service'" that meets the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42 and, if not, what shall the remedy be. Length of service shall be: A. The greater of (i) the number of school years, prior to the 1984-1985 school year, that a person presently in this collective bargaining unit was continuously employed in any capacity by the District or its predecessor systems, or (ii) the number of school years, prior to the 1984-1985 school year, that person was employed as a teacher by the District or its predecessor systems, provided such person is continuously employed in some capacity by District, plus B. The number of school years subsequent to the 1983-1984 school year that a person is employed by the District for at least 50% of the work schedule of a full-time classroom teacher in a position being eliminatedof "teacher" as defined. Where an employee's work schedule is less than 100% of the work schedule of a full-time teacher but at least 50% of the work schedule of a full-time classroom teacher, such person shall be credited with a fraction of school year. The numerator of such fraction shall be the amount that such person receives as salary from the District and the denominator the amount that such person would have been paid had such person been employed full time. Such fraction shall be rounded to the nearest tenth. On or about October 10 in each year the Superintendent shall deliver to the Association an "October preliminary length of service list" setting forth the "length of service" and certification of each teacher as of October 1. All errors and omissions in such list shall be called to the attention of the Superintendent by the Association in writing. Each teacher shall submit to the Superintendent prior to January 10 of each year his certification or proof of certifiability (all paper work must be on file with Commonwealth to establish proof of certifiability) not appearing on the "October preliminary length of service list." On or about January 20 in each year the Superintendent shall deliver to the Association a "January preliminary length of service list" setting forth the "length of service" of each teacher as of October 1 and certification as of January 10. All errors and omissions in the "January preliminary length of service list" shall be called to the attention of the Committee by the Association in writing prior to January 30 of each year. Thereafter, the Committee shall publish a "length of service list" which shall be final and binding upon all parties. Service is broken only by a (a) termination of employment or (b) employment for less than 50% of the work schedule of a full-time classroom teacher except where the employee is on authorized leave of absence. Where the length of service of one or more teachers having the least senior regular employee within number of years of service is the job classification will same, the teacher with the lowest level of academic degree shall be subject to an FTE reductionselected. Throughout BVSD If there be more than one teacher so situated, the reduction in FTE will occur in teacher who has the following manner:least number of certifications shall be selected. a. After temporary and probationary employees 25.2 Teachers with professional teacher status who have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right laid off pursuant to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure article may, if permitted by the District's insurer, continue their group life and health insurance coverage for a period of two years by promptly remitting to the District the total Teacher 2019-2022 premium costs in accordance with a mutually agreed upon schedule. Failure to forward premium payments to the District in accordance with the mutually agreed upon schedule shall terminate this right. 25.3 Teachers with professional teacher status who have been laid off pursuant to the provisions of this article shall be given preference on the substitute list, if they so desire, for a period of two years. Compensation shall be at the District's rate for substitute teachers as from time to time established by the Committee. 25.4 Employees with Professional Status A) Employees will be laid off recalled for vacancies for which they are certified. Employees will remain on a recall list for a period of two (2) years from the Districttheir date of layoff. j. In the event of a substantial layoff, B) An employee who is recalled by the District shall be recalled with no loss of seniority and all benefits he/she had accumulated at the time of his/her layoff. C) Employees on the recall list will meet be given first priority in filling substitute teacher vacancies in areas they are certified, if they indicate, in writing, that they desire such employment. D) When vacancies occur in the certification area(s) of an employee on the recall list, such employee shall be notified by certified mail at his/her last address of record. Failure to respond to the Superintendent of Schools with a letter of interest in the representatives offered position within fourteen (14) calendar days of receipt of such notice, and to commence the assignment within five (5) days if school is in session, shall be considered a rejection of such offer. It shall be the responsibility of the BVCEA employees on the recall list to inform the Office of the Superintendent of Schools, in an effort writing, of changes of address. E) The Principal of the building at which the vacant position is located shall, subject to resolve issues related review and prior approval by the Superintendent and the provisions of Massachusetts General Laws Chapter 71, hire one such teacher and in so hiring the said principal shall consider (a) the relative length of service of said teachers and (b) the areas within which said teachers are certified. The decision of the Principal shall not be subject to Article 4. F) Employees on the recall list shall have priority in filling vacancies as herein before set forth. No new employees shall be hired to fill such a reduction in forcevacancies until all appropriate employees on the recall list have been offered the vacancy pursuant to the provisions of this article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. SENIORITY DATE AND QUALIFICATIONS: 1. The District retains the right to determine when a reduction in force will is necessary, the number of employees whose employment must be recognized when either a full position terminated and the areas of employment and / or school district operations within which such reductions in force shall occur. Once it is eliminated or determined that a reduction in FTE within a job classificationforce is necessary, the District will agree to meet with the Association and discuss the pending Reduction in Force. 12. Should there In the event the District determines that classified employee staff must be an FTE reduction that does not result in a position being eliminatedreduced, the least senior regular employee following criteria shall be used in selecting employees for retention: a) Temporary and probationary employees within the job classification will selected for layoff shall be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentslaid off first. 2. Should there be a position completely eliminated, the following will take place: a. District b) District-wide seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary 3. Prior to implement implementing a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) consideration will be removed given to transferring employees whose positions are being eliminated into positions that are available at the time of the reduction based on retirements, resignations, and leaves of absences, and new positions. The decision to utilize these options will be at the discretion of the District. 4. Reduction in Force Procedures a) When it is determined that a Reduction in Force is necessary, the least senior employees District- Wide will be reduced first. iib) Once a District-Wide reduction in force occurs, Area-Wide involuntary transfer procedures will be followed until all positions are filled. 5. Probationary employees No employee shall be replaced by another employee not qualified for such classification. 6. Seniority or “seniority date” shall mean the most recent date of employment with the District. Any resignation or termination of employment which results in the affected job classification(s) employee leaving the District shall constitute a “break” in seniority. For the purpose of staff reduction, seniority date shall mean the first working day after the most recent break in service, if any. 7. An employee’s seniority date for reduction in force and bumping purposes shall encompass all periods of service from the employee’s last continuous employment date. Periods of separation may not be bridged to extend such service unless the separation is a result of a reduction in force in which bridging will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace authorized if the employee with the least seniority is re-employed in the job his / her classification at or below his/hers, within the departmentperiod of his / her reduction in force eligibility, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displacesB.2. The determination of qualifications rests solely with the Districtbelow. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. 8. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such that a reduction in forceforce is necessary for School Maintenance personnel, Maintenance Levels I, II, III, as noted on the pay schedule, shall not be taken into consideration and all employees will be considered equal.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction In the event the District determines that it is appropriate to reduce the number of employees who are included in force this group, seniority will be recognized when either a full considered in identifying the person to be reduced. For this purpose seniority will be considered the length of current continuous employment with the District in an administrative assistant position. When it is determined by the district which employee position is eliminated or a reduction in FTE within a job classification. 1. Should there to be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE of that salary grade will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace notified they are scheduled for reduction unless the least senior employee within had required skills which are needed for their job. In such an instance, the job classification that holds the FTE the more next least senior employee had before would be identified for reduction. When notified that they are scheduled for reduction, an employee could "bump" the school/department was reduced least senior employee in FTEtheir current salary grade or the next lower salary grade if the employee has the skills, knowledge or capacity needed to function in the position obtained via the "bump". For the purpose of "bumping," if staff reduction should be scheduled, the following is the order of salary grades from highest to lowest: Pay Grade 4, Pay Grade 3, Pay Grade 2, and Pay Grade 1. The seniority impact would continue until only salary shall be based on the last senior employee(s) are impacted. No further reductions will occur outside lesser of their current salary or the current incumbent’s salary Employees reduced via this procedure shall have recall employment rights to any position of the salary grade they were reduced from one (1) calendar year following the reduction. Recall is also dependent upon the employee having the skills, knowledge or capacity for the recall position. Employees must notify the District if they desire to use the "bump" process within five (5) days of being notified their job classificationis being reduced to qualify for "bumping." Employees do not forfeit recall rights if they opt not to "bump" another employee. Note: This will not apply Employees on "recall status" are entitled to Transportation Bus Drivers and Bus Assistant positions as use the Complaint Procedures if they have a bidding process each year for complaint regarding their assignmentsfailure to gain re-employment via the recall process. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Meet and Confer Agreement

REDUCTION IN FORCE. A When the Company, for any reason, elects to reduce the number of employees in any job classification, department or shift and to then either reassign those affected to other work or to affect a layoff from the plant, the following rules shall apply: (a) Certain jobs requiring special skills, training and/or experience have been identified as (RB) (Restricted Bumping) jobs. Employees holding title to these jobs will be restricted from being bumped by others unless they too possess the full skills and range of abilities to perform that work by virtue of their past experience and work in the same classification(s). Not withstanding the above, the employee may bump the least senior employee in any Code 09 (RB) classification of their choice, if he/she has the appropriate seniority and qualifications. If there are no employees in a Code 09 classification the least senior employee in a Code 10 (RB) classification of their choice may be bumped, if the employee exercising the option has the appropriate seniority and qualifications. The maximum number of employees that may be bumped in an RB classification shall be twenty percent (20%) of a section/department. The classifications designated as (RB), Restricted Bumping, shall be exempted from bumping and displacement by all other employees except those who are fully qualified to perform the complete range of duties required on that job by virtue of their previous training and experience gained in that classification. (b) Other than (RB) jobs, seniority, and qualifications, as contained in the job descriptions shall be the primary consideration in classification reductions, layoffs from the plant, and the bumping process. For maintenance positions that are non-(RB), seniority shall be the primary consideration in classification reductions, layoff from the plant, and the bumping process consistent with the understanding that an employee must possess the necessary ability and qualifications to perform any job to which they elect to move. Employees who are reduced or bumped in a reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee first bump within the employee's own job classification will be subject to an FTE reductionand department. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be If the employee impacted at that school/department. The reduced cannot so bump, then the employee may then exercise their right his/her seniority plant wide, provided that should the employee elect to displace bump into a classification and department where there is more than one position, he/she may bump only the least senior employee within in that classification and department. (c) Recall from layoff will be in reverse order subject to other applicable provisions governing recall, such as the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTEseverance pay provision of Article XIII. The seniority impact would continue until only above provisions serve to outline the last senior employee(s) broad manner in which general staffing adjustments are impactedto be made. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have However, should business conditions necessitate a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing significant reduction in the number of employees within a department or in laying off employees from employees, and the District. b. When it becomes necessary “bumping” procedures as outlined above would materially affect the company’s ability to implement a reduction in forceproduce critical products, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iiiCompany and Union agree to meet and confer. The regular employee(s) in purpose of these discussions would be to develop alternative solutions that would allow the affected job classification(s) with the least company more flexibility to continue to produce it’s critical products. Both parties recognize their commitments to seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or and the qualifications needed to perform continue producing the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performcritical products. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated Subd. 1. The District may lay off any employee because of discontinuance of position, lack of work, financial limitations, or a reduction in FTE within a job classificationas otherwise necessary to manage its affairs properly. 1Subd. Should there 2. The District will identify positions to be an FTE reduction that does not result eliminated. Employees in a position being eliminated, the least senior regular employee within the any job classification will shall be subject to an FTE reduction. Throughout BVSD the reduction laid off in FTE will occur inverse order of their seniority in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the that job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order seniority list in effect at the time. An employee on layoff shall retain seniority and right to recall, within classification, in seniority order, for a period of job progression.eighteen v. A regular Subd. 3. If an employee who cannot has sufficient seniority to avoid layoff, the employee may displace another the junior employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace that classification provided the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be is qualified to perform the job duties of the position. Subd. 4. No new employee shall be employed by the District to work in any job classification while an employee qualified for that classification is laid off unless the procedure specified below is followed. Employees laid off from a job classification shall be reinstated to a position in that classification in the inverse order in which they were laid off. Subd. 5. A laid-off employee shall leave his/her name and address to which any notice of reinstatement or availability of position shall be mailed from the District office. Proof of deposit in the United States mail of the notice of reinstatement and availability of position shall be sufficient to discharge the District's duty to notify the laid-off employee. The laid- off employee shall have fifteen (15) work days from the date of mailing of such notice to accept the re-employment. Failure to reply within such fifteen (15)-day period shall constitute a waiver and forfeiture by the employee of any right to re-employment, and he/she displaces. The determination of qualifications rests solely with shall be dropped from the Districtseniority list permanently. g. Under this procedureSubd. 6. Reinstatement rights shall automatically cease eighteen (18) months from the date layoff was commenced, an and no further right of reinstatement shall exist thereafter, and the employee cannot displace another employee who is in a higher rated job classificationshall be dropped from the seniority list permanently. h. Under this procedure, Subd. 7. Before laying off an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA shall give that employee written notice at least two (2) weeks in an effort to resolve issues related to such a reduction in forceadvance.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, 00-0 Xxx Xxxxxxxx retains the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail determine when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force/layoff is necessary and the areas within which such reductions in force will occur. The CCAA will serve in an advisory capacity to the Superintendent. (2000) 15-2 If the Board of Trustees determines that a reduction in the existing workforce of the administrative personnel in the District is necessary, the following procedure Xxxxxxxxx County School District shall determine the proposed order in which the Administrator staff shall be observedreduced. The board of trustees will use the following criteria to make their determination: (2019) 15-2-1 Except as otherwise provided in sections 15-2-2 through 15-2-5, the decision to lay off an Administrator must be based solely on the overall performance of the Administrator under the statewide performance evaluation system adopted by the State Board of Education. When determining the manner in which to reduce the existing workforce, the District must lay off an Administrator whose overall performance has been determined to be: i. Temporary employees (a) Ineffective, before laying off an Administrator whose overall performance has been determined to be minimally effective, effective, or highly effective; (b) Minimally effective, before laying off an Administrator whose overall performance has been determined to be effective or highly effective; (c) Effective, before laying off an Administrator whose overall performance has been determined to be highly effective. (2018) 15-2-2 If the District determines that a further reduction in force beyond that made pursuant to 15-2-1 is necessary, the District must lay off an Administrator whose employment record includes: (a) A criminal record that resulted in the affected job classification(ssuspension of the Administrator; or (b) Disciplinary action that resulted in the suspension of the Administrator and that was uncontested or has been finally adjudicated; before laying off an Administrator whose employment record does not include such a record or disciplinary action. (2018) 00-0-0 Xxx Xxxxxxxx shall lay off Administrators whose employment records include disciplinary actions that resulted in the suspension of the Administrator in the order of severity of the disciplinary action, with those Administrators whose employment record includes more severe disciplinary action being laid off first. (2018) 15-2-4 If the District determines that further reduction in Administrators is necessary, the decision to lay off an Administrator must be based on the following factors: (a) Whether the Administrator is employed in a position which is hard to fill; (b) Whether the Administrator has received national board certification; (c) The type of licensure held by the Administrator; (d) The type of degree attained by the Administrator and whether the degree is in a subject area that is related to his or her position; and (e) The number of credits earned by the Administrator and whether the credits are in a subject area that is related to his or her position. (2018) 15-2-5 If, after consideration of the factors described above, two or more Administrators are similarly situated, the District may give preference to the more senior Administrator. Individual seniority shall be determined by the following: (2018) 15-2-5-1 Seniority as an Administrator in the District is the total number of years as an Administrator in the District. (2011) 15-2-5-2 If there is a tie under 15-2-5-1 seniority as an Administrator in the District is the total number of years as an Administrator in Nevada.(2018) 15-2-7 Administrators who are reduced in force when no other administrative position is available will be removed firstplaced in a teaching position in accordance with their certification and qualifications if there is a vacancy. When there are more administrative employees than reappointment positions, provisions in 15-2-5 will apply. (2018) 15-2-8 Administrators who (because of reduction in force) are placed in a teaching position will retain all previous administrative and teaching seniority. ii. Probationary 00-0 Xxx Xxxxxxxx will recall employees in the affected job classification(s) will be removed next. iii. The regular employee(sby written notification (certified mail, return receipt requested) in the affected job classification(s) reverse order to their reduction provided that the employee is currently certified if required, and qualified for the new position. Recall notice shall be sent to the employee's last known address on file with the least seniority will be removed next. ivSuperintendent. A regular The employee removed under clause “c” above will displace the employee with the least seniority must, in the job classification at or below his/herswriting, within ten (10) school days of receipt, accept or reject the departmentoffer to return to work. The employee will have twenty (20) school days to return to duty. The recall right for employees on layoff shall continue for two years, according subject to the reverse order notification requirements. However, if before the end of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When two-year period an employee acquires refuses a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/District position he or she displaces is certified and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffhold, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceemployee's layoff rights are terminated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. In the event the Board determines to engage in a reduction in force due to declining enrollment, a lack of work, lack of funds, or building reorganization, the reduction or layoff shall be accomplished only by the provisions of this Article. B. Systems seniority as defined in Article 24 – Definitions will be recognized when either applied in this process. If the effective dates of actually starting work are equal, then to determine seniority employees shall draw one card from a full position is eliminated or single deck of cards (single suit). The order of seniority shall then be determined from high to low (Ace being the highest in seniority, 2 being the lowest in seniority). A union representative shall be present during such tie breakers. The listed seniority for employees hired prior to the effective date of this Master Agreement will not change as a result of this amendment to this subsection. C. A bargaining unit seniority list shall be provided annually by the Treasurer, upon request by the OAPSE President. The Superintendent shall provide at least twenty (20) working days’ notice to the Union President before the Board acts on a reduction in FTE within a job classificationforce or hours. 1D. The number of employees affected by reductions or layoffs shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire or otherwise vacate a position. E. Within the particular job classification affected by the layoff or reduction, temporary, intermittent, seasonal, provisional or probationary employees will be reduced or subject to layoff first. Should there be an FTE reduction that does not result in a position being eliminatedThereafter, additional reductions or layoffs shall begin with the least senior regular employee within in the job classification will be subject to an FTE reductionaffected classification(s) and continue until the reduction and/or layoff is completed. Throughout BVSD Employees affected by the reduction in FTE will force shall have the right to bump pursuant to Section F. F. Bumping shall only occur within a classification series. Employees who choose to bump shall have the right to do so in the following manner: 1. Bumping up classification series is prohibited. a. After temporary and probationary employees Employees affected by a reduction in force or hours shall have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace bump the least senior employee within their current classification in the job classification that holds the FTE the more following order: 1. The least senior employee had before within their current classification having the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions same daily hours as they have a bidding process each year for their assignmentsRIF’ed position. 2. Should there be a position completely eliminated, the following will take place:The least senior employee within their current classification having no more than two (2) additional hours as their RIF’ed position. a. District seniority, rather The least senior employee within their current classification having the closest in hours to their RIF’ed position with fewer hours than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the Districttheir RIF’ed position. b. When it becomes necessary to implement a reduction in forceHowever, after determining the step 3(a) position, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with employee may voluntarily accept the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace senior of the employee with the least seniority next lesser hour position (closest in the job classification at or below his/hers, within the department, according hours to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performformer position). c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in either required (or who volunteers) to accept a higher rated job classification. h. Under this procedure, an employee may not acquire additional work position with fewer hours in displacing another employee. i. An employee whose seniority does not permit him/her shall have the right to remain at work restoration under the provisions section “H” of this procedure will be laid off from the DistrictArticle. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. A reduction 23-1 The Board shall determine when reductions in force will are necessary and which job categories* or occupations** shall be recognized affected. Employees within affected job categories or occupations shall be considered for retention on the basis of School District need and who meets the qualifications for the remaining positions. The determination of who best meets the qualifications shall rest solely with the Board. The following factors shall be considered when either a full position is eliminated classified staff are to be reduced in force: (a) retirements, resignations and normal attrition shall be considered first; (b) all probationary staff (6 months or a reduction less) shall be reduced in FTE force before any regular employee; (c) employees with the least amount of seniority in the District shall be the first to be reduced in force within a job classification. 1category or occupation; (d) if seniority is the same among employees, evaluation, documented job performance, job related cross-trained skills, affirmative action considerations, and required job skills as determined by testing will identify who is to be reduced in force. Should there Any employee who is to be reduced shall be so notified in writing at least two (2) weeks prior to the effective date of the reduction. The Board shall forward a list of those employees being reduced to the Association on the same date that the notice of reduction is issued to an FTE employee. Any employee who is to be reduced in their assignment shall be placed on a re-employment list or lists, as may be required by the effective date of the reduction that does not result and shall be eligible for re- employment in the first vacant position for which they are qualified in inverse order of the reduction. The re- employment list or lists shall expire after twelve (12) months of the effective date of the reduction and has precedence over new hires, promotions or other action which would fill a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reductionon a permanent basis. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular An employee who cannot displace another employee is reemployed in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the previous job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from title within one year of his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with termination date shall be placed at the job. f. In order to displace another employee as provided step in section 2 above, an employee must have more seniority than the salary schedule which was in effect at the time the employee he/she displaces left, and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure all sick leave benefits which had been accumulated will be laid off from the Districtreinstated. Supervisor III, Paraprofessional Instruction, Paraprofessional Health & Technology, Paraprofessional Special Education, Secretary/Clerk, Secretary School/Office Secretary ACHS, Printer Specialist, Printing Aide, Campus Monitor, Transition Advisor, Warehouse Worker, Lead Warehouse Worker, Assistant Child Care Center Coordinator I, II and III, Group Leaders and Paraprofessionals of Child Care Centers, Xxxx of Child Care Centers, Bus Driver Assistant Trainer, Registrar *Job Occupations are defined as: Paraprofessional Instructional: child care, office instructional, Title I, attendance liaison, adult literacy program intake coordinator, media, home visitors, ESL tutors, bilingual, attendance clerk, child care supervisor, speech/language assistant, special populations, health clerk, paraprofessional. Paraprofessional PreSchool/Group Leader Paraprofessional Special Education: autism spectrum disorder concentration, behavior team, assistive technology. Secretary/Clerk: entry level secretaries, counseling secretaries, coordinator’s secretaries, director’s assistant secretaries, clerks, liaison. Secretary School/Office: elementary/middle school principal’s secretary, manager’s secretary, alternative high school principal’s head secretary. Secretary HS – high school principal’s secretary. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 8.1 In the event that a reduction in force is deemed necessary by the Board, the president of the Union shall be notified within five (5) days of when the Board took this action. 8.2 Reduction in force shall first be accomplished by staff turnover whenever possible. a. ESP will be recognized when either a full position is eliminated or a have reduction in FTE force rights in their current job classification within a job classification. 1the District. Should there be an FTE reduction that If ESP turnover does not result in a position being eliminated, eliminate the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year need for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee ESP with the least seniority in the job affected classification at or below his/hersshall be laid off, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be that remaining ESP are qualified to perform the job work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal. (1) For purposes of this Article, seniority within the District will be computed from the beginning of the employee heESP’s most recent period of continuous employment within the District in the job classification. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the District. In the event an ESP accepts a bargaining unit position in a different classification within the District they shall begin to accrue seniority in the new classification, but shall retain their former seniority in the previous classification, which shall be restored to them in the event the ESP returns to a position in the previous classification within the District without a break in service. (2) The provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/she displacesPersonal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the District. For purposes of this Article, seniority among Paraeducators and Behavior/Personal Care Attendants employed by the District will be computed from the beginning of the Paraeducator’s and Behavior/Personal Care Attendant’s most recent period of continuous employment in the job classification within the District. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the Paraeducator or Behavior/Personal Care Attendant signed the contract with the District. The determination job classifications covered by this section and the use of qualifications rests solely the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Pre-Kindergarten Assistants, Behavior Interventionists and Personal Care Attendants. c. Upon an ESP changing jobs within the District, due to RIF or Recall from RIF all of the ESP’s leave benefits shall carry forward to the ESP’s new job/classification, insofar as the new position has comparable benefits; otherwise, leave would be handled as if the ESP separates from employment with the District. g. Under this procedured. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence, an employee canor by layoff, but such time will not displace another employee who is be counted in a higher rated job classificationcomputing seniority. h. Under this procedure, an employee may not acquire additional work hours e. Seniority in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with be established annually as of February 1 for the representatives of the BVCEA in an effort preceding fiscal year. f. ESP regularly scheduled to resolve issues related work at least thirty-five (35) hours per week accrue seniority on a full-time basis; ESP regularly scheduled to such a reduction in force.work less than thirty-five

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position The parties agree it is eliminated or a reduction in FTE within a job classification. 1necessary that the Company retain an efficient and well-balanced working force. Should there be an FTE reduction that does not result in a position being eliminated, In the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside event of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, whether by layoff or classification reduction, seniority shall be on a plant wide basis. The Header, Xxxxxx, Group Leader and Special Fittings Welder classifications, shall be considered skilled trades. A notice of at least five (5) work days will be provided to employees scheduled for external layoff. Employees with the greatest plant wide seniority shall be retained in the plant and in their classification. Employees displaced from their shift and/or classification as a result of a layoff or a classification reduction shall, provided they have the reasonable skill and ability to perform the work in a satisfactory manner, have the following procedure shall be observed: i. Temporary employees in alternatives: When referring to the affected job classification(s) Tool Room and Maintenance areas, they will be removed first. iiconsidered as two areas (Tool Room and Maintenance). Probationary employees in In cases of shift reduction where the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular displaced employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee remains in his/her own department under “d” abovecurrent classification, because hesuch employee may elect to replace a junior employee from a multi-machine/she does not process position providing they have sufficient seniority or the qualifications to previous experience and can fully perform the job satisfactorily, will displace the employee with the least seniority minimal familiarization. A. Employees in the District whose job he/she can performTool Room and the Maintenance areas may replace the junior employee in their respective areas. c. A regular employee B. Employees in any other area or displaced from his/her job classification under this procedure will receive a minimum of thirty days notice.employees in the Tool Room and Maintenance areas may: d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with 1. Replace the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another junior employee who is being laid off, or 2. Accept a job offered by the Company, or 3. Replace the junior employee in any previously held classification or FM or Servicing including choice of shift and area, as seniority permits, if qualified to fully perform the work of the junior employee being affected with minimal training. 4. Return to previous job, including multi process/multiple machines and classification if seniority allows (if job is eliminated or shift is eliminated.) 5. Accept a layoff in lieu of any of the above listed alternatives. If it is necessary that an employee be reclassified in order to avoid his being laid off, he shall receive the rate of pay for the job to which he is reclassified in accordance with the hours accredited to him in the classification from which he is transferred. Provided, however, that if an employee is reclassified to a classification that he has held before, he shall not be placed in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure lower progression than he held before. Shift preference will be laid off from granted to those employees who have a shift preference request on file and to those employees, who are losing their shift or classification due to reduction of force, based on their seniority, at the Districttime of layoff. Whenever possible the Company will offer a voluntary temporary layoff to the hourly employees, however, it is understood that there will be times in the best interest of efficient operations a mandatory layoff will be required. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, A. In the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When event it becomes necessary to implement a reduction in forcereduce classified staff due to lack of funds, lack of work, or building closures, the following procedure shall be observedgovern such layoffs: i. Temporary 1. The number of employees affected by reductions shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire to otherwise vacate a position. 2. Prior to the board instituting such reductions in the affected classified staff the Board and the Union shall meet to discuss such reductions. B. In any reduction, seniority within a classification shall prevail. Seniority shall be determined by the employee’s most recent date of hire with the Board in a particular job classification(s) classification (for reduction in force purposes only). In case of identical seniority, the following shall be the determinate: 1. First date on payroll as a regular employee. 2. Application date and time stamp. In the event the employee submitted an application online, the date a completed application is submitted to the Board will be removed firstused as the “application date.” 3. Toss of coin. iiC. When it has been determined that a reduction is necessary, temporary and seasonal employees shall be laid off first. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) Additional reductions shall begin with the least senior employee in the classification. Employees affected by a reduction in force shall be given advance written notice of layoff by April 30 of the year such reduction in force occurs, to be effective at the end of the employee’s work year. A list of affected employees and their seniority dates shall be given to the President of the Union. Any employee affected by a reduction shall be granted displacement rights. Displacement shall be exercised on the basis of system seniority. Any employee affected by such a reduction shall displace a less senior employee in the following order: 1. Within the same classification. 2. Within the same classification series. 3. Within the classification the employee held immediately prior to holding the classification from which the employee was laid off. 4. Bumping shall not be utilized to increase an employee’s compensation or hours of work. Any employee who displaces a less senior employee and accepts less hours will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according recalled to the reverse order of job progression. v. A regular employee who cannot displace another employee first available position in his/her own department under “d” aboveformer classification and hours or pass before any employee who has been laid off or any new employee is hired. An available position will be the position that is available after all employees in the classification who have the same hours as the position being recalled have had the opportunity to transfer by seniority to other buildings. The transfer will occur at a group meeting of individuals in that classification who have the same hours and may be interested in transferring. The employee shall apply for the position within the period of the job posting. The employee shall retain recall rights to the former position/classification and hours for a two (2) year period of time; however, because if the employee passes on an available position, he/she does not have sufficient seniority forfeits any remaining recall rights. Should a position become available in the classification of lay off or acceptance of lesser hours and the qualifications position offers more hours, the position will be offered first to perform the job satisfactorily, will displace the employee with who accepted the least seniority in lesser hours. This offer will be made until the District whose job he/she can performemployee reaches the number of hours worked prior to displacement. Recall to vacant positions or from lesser hours shall not be posted for bid until all employees accepting lesser hours or employees on layoff have been recalled. c. A regular D. Any employee displaced from laid off shall retain recall rights for a period of two (2) years during which time the Board shall not hire any new employee to any classification affected by a reduction until all employees laid off have been offered an opportunity to be reinstated. Should an employee on the recall list be offered reinstatement and refuses such, said employee shall have his/her job classification under name removed from the reinstatement list. Reinstatement from the recall list shall be to the same or equivalent position and hours as previously held prior to layoff. If reinstated during this procedure will receive a minimum period, the employee shall retain all previous accumulated seniority and all rights related to compensation and fringe benefits. Notice of thirty days noticereinstatement shall be made by certified mail. The Board shall compile and maintain an updated list of laid off employees. d. Any regular X. Xxxxxx after any reduction will be in reverse order of the reduction, (i.e. last employee displaced under this provision may also follow this procedurelaid-off will be the first to be recalled). e. F. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forcea classification exists and an opening is available in a different classification, senior employees, on layoff, will be considered for filling that opening. Refusals for reinstatement to a lesser position and hours or to a position not in the employee’s classification shall not change the employee’s recall rights. G. Seniority will be suspended or “frozen” when an employee is on a layoff period. Such recall will be maintained for up to two (2) years. H. Displacement of employees shall occur at a joint meeting of affected employees, administration and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A If the Board determines that the reduction in force of certificated tenure staff is necessary, the Association will be recognized when either a full position is eliminated or a advised in writing of the contemplated reduction of staff and be provided an opportunity to participate in FTE within a job classificationdiscussions relative to those reductions. 1. Should there be an FTE reduction that does not result in a position being eliminatedTenured, the least senior regular employee within the job classification certificated staff members will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdistrict seniority. 2. Should there be a position completely eliminated, A teacher will have the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary right to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least exercise seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee any classifications in his/her own department under “d” above, because which he/she does not have sufficient seniority or maintains the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performrequired certification. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces3. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffdecrease in a department any tenured teacher in said department who was certificated in any other classification may exercise his/her district-wide seniority in such other classification(s) providing: a. Any tenured teacher who, as a result of a decrease in a department, has exercised his/her district-wide seniority in another classification in which he/she is certified will be placed on formal evaluation during that year. b. In the event of a decrease in a department, a teacher may exercise his/her district-wide seniority in such other classification(s) in which he/she is certified, to replace non-tenured teachers. c. In the event that a teacher is requested by the Board to move to an area beyond the teacher’s certification(s) and expertise, the District district will meet reimburse the teacher for any costs for agreed-upon retraining. 4. Employees with longer continuous full-time service in the district will be retained in preference to those with less continuous service who are certified and qualified to teach in the same classification. 5. Length of continuous service in employment with the representatives school district will be measured on the basis of actual, uninterrupted full-time service from the date of the BVCEA initial employment letter. Length of continuous service will not be interrupted by approved leaves of absence, but the duration of the approved leave of absence will not be included in an effort the total years of seniority. 6. If a teacher is eligible to resolve exercise seniority in more than one classification, the administration will make final assignment of the teacher based on total educational needs of the district. 7. Tenured teachers laid off or honorably dismissed under this article shall be recalled in reverse order (last out, first back) for any vacancy which occurs in the classification(s) from which they were laid off within fifteen months for which they are properly qualified. They shall be notified of such vacancy by registered or certified mail at their last known address of the vacancy for which they are eligible. The teacher shall have ten days from date of notification to inform the Board of whether or not he/she will accept the position. Failure to respond within this time limit shall constitute waiver of his/her re-employment rights within the district. 8. During the first fifteen months of lay-off the district will keep applications active. Thereafter, the teachers must assume responsibility for annually activating their candidacy. 9. No Child Left Behind Act of 2002 (NCLB) a. The Board and Association agree to form a committee to consider impact on bargaining unit employees of issues related arising from the legal requirements imposed by NCLB on schools identified as not making adequate yearly progress. The committee shall focus primarily on NCLB’s choice, supplemental services and other corrective action provisions. b. The Board agrees that it will notify the Association of action that must be taken to such a reduction comply with provisions of NCLB. c. The Board and Association agree that no provision in forcethis Agreement shall be construed to prevent or prohibit the Board from taking required actions under NCLB regarding school improvements, school corrective actions or school restructuring.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 1. In the event it becomes necessary for the City to reduce the number of employees in the bargaining unit because of budgetary limitations, reasons of economy, reorganization, or other similar reasons the procedures set forth in this Article will govern the layoff and reemployment of employees who are affected by any such reduction. The City will enter into negotiations with the Union over the impact on the bargaining unit of any proposed reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsforce. 2. Should there The Director of the Library shall have the sole discretion in determining which position or positions or which type of positions are to be a position completely eliminated, . Determinations of the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number qualifications of employees within a department under this article by the Director of the Library shall not be arbitrary or in laying off employees from the Districtcapricious. b. When it becomes necessary 3. Employees will be laid off or reduced in hours of work in order to implement a accomplish any such reduction in force, the following procedure shall be observed: i. Temporary employees force in the affected job classification(s) will be removed first. ii. Probationary inverse order of their seniority as employees in of the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) Library, those with the least seniority will to be removed next. ivlaid off or reduced in hours first. A regular An employee removed under clause “c” above will displace the who is chosen for reduction in force in their job classification may bump an employee with the least seniority in a different job classification in the job classification at or below his/herssame pay grade, within provided their qualifications, in the departmentopinion of the Director of the Library, according are substantially equal to those of the reverse order of job progression. v. A regular employee who cannot displace another other employee, and they have greater seniority, and may bump an employee in his/her own department under “d” abovea lower job classification, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be they are qualified to perform the job duties of the position and have greater seniority. Notwithstanding the foregoing provisions, a part-time employee he/she displacesmay only bump a part-time employee. The determination of qualifications rests solely with the DistrictA full- time employee may bump both a full-time and a part-time employee. g. Under this procedure4. Seniority as used herein shall mean an employee's length of service in years, months and days in the employ of the Library which has not been interrupted by a break in service of more than two (2) years. In cases involving employees who have identical seniority, lots will be drawn by such employees to determine seniority. 5. An employee who is to be laid off shall be given fifteen (15) days written notice of their proposed layoff. 6. A full-time employee, who has been laid off or in lieu of being laid off has been reduced to a part-time position in the bargaining unit, shall be entitled to recall rights, in the inverse order of their layoff or reduction to a part-time position, as the case may be, to a full- time position for which they are qualified, for a period of two (2) years, except as is otherwise provided herein, from the effective date of their layoff or reduction to a part-time position. A part-time employee, who has not been involuntarily reduced to a part-time position, who has been laid off shall be entitled to recall rights, in the inverse order of their layoff, to a part- time position for which they are qualified, for a period of two (2) years, except as is otherwise provided herein, from the effective date of their layoff. If a full-time employee, who has been selected for reduction in staff, accepts a part time position, such employee shall retain recall rights to the next available full-time position. 7. During the recall period, an employee canwill be notified by certified mail, addressed to their last address of record, of the City's intent to recall them. The employee must notify the Director of the Library, in writing, of their acceptance of an offer of recall within seven (7) days from the date of their receipt of said certified mail. An employee's failure to notify the Director of the Library of their acceptance of any such offer or their failure, after accepting any such offer, to report for duty on the date indicated shall terminate their recall rights, notwithstanding the fact that the two (2) year period of recall has not displace another expired. An employee who is in a higher rated job classificationrecalled shall have at least two (2) weeks to report for work. h. Under this procedure8. To the extent allowed by law and the insurance carrier's policy, an employees may continue, during the period they are eligible for recall, the group health and group life insurance, which is provided to members of the bargaining unit, by paying the full amount of the premium for such insurance to the City Treasurer. In the event any such employee fails to make payment of said premium or refuses any offer of recall to a full-time position, as the case may be, their option to continue such insurance shall terminate. A part-time employee may not acquire additional work hours in displacing another employeedecline an offer of full-time employment without loss of their option to continue such insurance. i. 9. An employee whose seniority does not permit him/her to remain at work employee, who is reemployed by the City within said two (2) year period after the termination of their employment under the provisions of this procedure will be laid off from Article, shall have restored to them the Districtunused sick leave they had accumulated at the time of their said termination. j. In 10. The provisions of this Article shall not apply to the event termination of a substantial layoff, an employee for any reason other than the District will meet with reasons specified in Paragraph 1 (one) hereof. 11. No new employees shall be hired while an individual who is able to perform the representatives duties of the BVCEA in an effort to resolve issues related to such a reduction in forcevacant position has recall rights.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will The Employer reserves the right to lay off employees for lack of work or funds, or the occurrence of conditions beyond the control of the Employer, or where such continuation of work would be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1wasteful and unproductive. Should there be an FTE reduction that does not result in a position being eliminatedIn accordance with GR29, the least senior regular employee within Court maintains full control over the job classification will be subject hiring of Court employees. As such, City employees in other departments are not eligible to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right bumping rights to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The any Court employees regardless of seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the or job classification. Note: This will not apply The following basic provisions shall apply: A. It shall be the responsibility of the City to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdetermine job classifications in which layoffs are to occur. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. B. In the event of a substantial layoff, affected employees will be given at least sixty (60) days’ notice of layoff, when possible. C. In the event of a layoff, the District will meet order of the layoff shall be determined by job classification within the Department and according to the seniority list created by the City and adopted by the Union in January of each year. The last employee hired shall be the first laid off and the last employee laid off shall be the first rehired. Furthermore, management reserves the right to lay off an employee outside the seniority list process if the employee has received a formal written disciplinary action in accordance with the representatives discipline process outlined in article 25 within the last 12 months. In this situation, bumping rights would not apply. Management will inform the union of its intent; however, the selection will not be bargained nor grieved per this agreement. D. If an employee’s position has been eliminated and that employee has seniority, the employee shall have the right to bump into an equal or lower position/classification previously held in the last 18 months by the employee within the bargaining unit. The 18 month look back begins on the date of notification. This time limit will not pertain to those classifications within a series. See Appendix B for listing of Classification Series. Employees choosing not to bump shall be considered laid off and afforded all benefits and rights accordingly. If an employee bumps another employee in a lower position, the employee’s salary shall be frozen for a period of six (6) months. After six (6) months the employee shall assume the pay level of the BVCEA highest step in the position which they assume, as long as it does not generate an increase in pay. E. An employee exercising his/her bumping rights must meet the minimum requirements established for that position, including education, licenses, and certifications. The employee shall have three months to meet the minimum standards as defined in the job classification. F. No bargaining unit employee may be laid off if there are AFSCME temporary employees working in the same work group (all employees under the lowest non- AFSCME supervisor/manager). Any employee subject to layoff shall have the right to bump into any temporary position working within the bargaining unit for which they meet the minimum qualifications of the job as defined by the job classification. G. The name of an employee who has been laid off shall be placed on a re- employment list and shall be recalled in the inverse order in which the employee was laid off. H. Employees who have been laid off and are not currently employed by the City will be first in consideration for vacant positions meeting minimum standards of the position, in the following priority order: 1. Employees of the same job classification will be interviewed for the position first. 2. Employees of a different job classification, but previously occupied the classification being refilled within the last five (5) years, will be interviewed for the position second (if necessary). 3. The employee must provide the employer with any address change while waiting for recall. 4. Notice of recall will be made in writing by certified mail to the employee's address of record. 5. An employee who is sent notice of recall must respond within ten (10) working days of the receipt of the notice of certification for recall. 6. An employee recalled must report for re-employment on the date established by the Department Director or be considered to have abandoned his/her recall rights so long as said date is beyond ten (10) working days from the date of receipt of the recall notice. 7. An employee recalled to a job classification with a lower salary rate than his/her previous job classification may refuse such position and remain eligible for recall. In the event that an employee accepts such a position, his/her name will be removed from the re-employment list. 8. An employee on layoff accrues no additional sick leave or vacation time. When an employee is recalled from layoff and re-employed, he/she is considered to have his/her previous service credit for computation of future earned vacations and sick leave. Sick leave will be reinstated in an effort amount equal to resolve issues related that as of the date of his/her layoff. 9. Each person on a re-employment list shall retain eligibility for appointment for a period of one (1) year from the date his/her name was placed on the list. 10. Upon returning to such a reduction in forcehis/her original job classification, an employee retains his/her accrued time for merit increase if rehired within one (1) year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. In the event the Board determines to engage in a reduction in force due to declining enrollment, a lack of work, financial reasons, or building reorganization, the reduction or layoff shall be accomplished only by the provisions of this Article. B. Systems seniority as defined in Article 24 – Definitions will be recognized when either applied in this process. If the effective dates of actually starting work are equal, then to determine seniority employees shall draw one card from a full position is eliminated or single deck of cards (single suit). The order of seniority shall then be determined from high to low (Ace being the highest in seniority, 2 being the lowest in seniority). A union representative shall be present during such tie breakers. The listed seniority for employees hired prior to the effective date of this Master Agreement will not change as a result of this amendment to this subsection. C. A bargaining unit seniority list shall be provided annually by the Treasurer, upon request by the OAPSE President. The Superintendent shall provide at least twenty (20) working days’ notice to the Union President before the Board acts on a reduction in FTE within a job classificationforce or hours. 1D. The number of employees affected by reductions or layoffs shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire or otherwise vacate a position. E. Within the particular job classification affected by the layoff or reduction, temporary, intermittent, seasonal, provisional or probationary employees will be reduced or subject to layoff first. Should there be an FTE reduction that does not result in a position being eliminatedThereafter, additional reductions or layoffs shall begin with the least senior regular employee within in the job classification will be subject to an FTE reductionaffected classification(s) and continue until the reduction and/or layoff is completed. Throughout BVSD Employees affected by the reduction in FTE will force shall have the right to bump pursuant to Section F. F. Bumping shall only occur within a classification series. Employees who choose to bump shall have the right to do so in the following manner: 1. Bumping up classification series is prohibited. a. After temporary and probationary employees Employees affected by a reduction in force or hours shall have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace bump the least senior employee within their current classification in the job classification that holds the FTE the more following order: (1) The least senior employee had before within their current classification having the school/department was reduced same daily hours as their RIF’ed position. (2) The least senior employee within their current classification having no more than two (2) additional hours as their RIF’ed position. (a) The least senior employee within their current classification having the closest in FTE. The seniority impact would continue until only hours to their RIF’ed position with fewer hours than their RIF’ed position. (b) However, after determining the last step 3(a) position, the employee may voluntarily accept the least senior employee(s) are impacted. No further reductions will occur outside of the next lesser hour position (closest in hours to former position). (c) Any employee who is either required (or who volunteers) to accept a position with fewer hours shall have the right to restoration under section “H” of this Article. b. If no such position is available and the employee does not choose to accept a lesser hour position, the affected employee shall have the right to bump in the same manner (“a” 1,2,3, above) into the classification immediately below theirs, within the same series. Such bumping rights continue down job classification. Note: This will not apply lines within the classification series in the same manner, and cease when an employee has no position they can bump into or chooses to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year accept layoff. c. Nothing in this article shall prohibit an employee from volunteering for their assignmentsLayoff at any step of this procedure. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number Employees who bump into lower rate of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure classification shall be observed: i. Temporary employees in paid at the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job appropriate pay rate for that classification at or below his/hers, within the department, according to the reverse order based on their years of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely service with the District. g. Under this procedure3. The following classification series (lettered below) shall be used for the purpose of defining both classifications, an employee cannot displace another employee who is and classification lines (numbered below) in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.layoff and/or reduction: a. Clerical Classification Series (1) Secretaries b. Educationally Related Classification Series (1) Paraprofessionals

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. A 1. Before any reduction in force is implemented, the Hospital will notify the Union and offer to meet and confer about the procedure to be recognized when either a full position followed in implementing the reduction. The parties agree that any meetings shall be held and concluded within the time schedule designated in writing by the Hospital, which is eliminated or a reduction in FTE within a job classificationnot to be less than five (5) business days. 1. Should there be an FTE reduction a. In the event that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject Hospital determines to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing reduce the number of employees within or full time equivalents in a department or job classification in laying off employees from the District. b. When it becomes necessary to implement a reduction in forceunit/department, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will classification in the affected unit/department shall be removed selected for reduction in reverse order of seniority (least senior first. ii. Probationary ), until the determined number of employees or full time equivalents have been reduced, provided that the remaining employees in the affected job classification(s) will be removed nextclassification in the affected unit/department are willing to work the remaining hours and shifts and are qualified to perform the duties of the remaining positions. b. An employee who is so selected for reduction may, as an alternative to layoff, exercise the following options: i. Fill a vacancy in the affected employee’s job classification outside the affected employee’s unit/department. ii. Displace a temporary or probationary employee in the affected employee’s job classification outside the affected employee’s unit/department; or iii. The regular employee(s) Displace the least senior employee in the affected job classification(s) with classification outside the least seniority will be removed next. iv. A regular affected employee’s unit/department; In each case, provided that the displacing employee removed under clause “c” above will displace is willing to work the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces relevant hours and must be shift and is qualified to perform the job duties of the employee he/she displacesposition. 2. The determination foregoing process shall be carried out in a group meeting(s) of qualifications rests solely the affected employees called by the Hospital for the purpose of affording them the opportunity to exercise the options available to them. Employees shall be notified, not less than three (3) days prior to such meeting. At the group meetings, each employee will meet individually, in seniority order, with a Human Resources Department representative, and a Union representative if the District. g. Under this procedureemployee so elects and if a Union representative is available, an to discuss his/her order of preference with respect to the options the employee cannot displace another would exercise. An employee who is unable to attend the appropriate group meeting must notify the Hospital, in writing, in advance of such meeting, of his/her order of preference with respect to the options which such employee would exercise, the vacancies which the employee is willing to fill, and the displacements which the employee would exercise. If an employee fails either to attend the meeting or to give the Hospital such advance written notification, the Hospital will proceed on the basis that such employee is deemed to be opting to be laid off. 3. An employee is qualified to perform the duties of a position if the employee has the knowledge and skills to perform a job safely and in a higher rated job classificationmanner satisfactory to the Hospital, with an orientation period not to exceed ten (10) educational days. Specialized training and/or an extension of the time period for orientation may be granted at the Hospital’s discretion. h. Under this procedure, 4. If an employee is denied displacement or the opportunity to fill a vacancy because, in the Hospital’s judgment, the employee is not qualified, and if it is later determined through the grievance procedure that such employee was, in fact, qualified, apart from any remedy which may not acquire additional work hours in displacing another be conferred upon such employee. i. An , any employee whose seniority does not permit him/her to remain at work under displaced by the provisions of this procedure aggrieved employee will be granted the options set forth in Section B. 5. Except in cases of emergency, employees shall receive four (4) weeks written notice when possible, but no less than two (2) weeks written notice, prior to being laid off, or pay in lieu of all or part of such notice, as determined by the Hospital. Any employee who is being laid off from the Districtwill also be entitled to be paid for all accrued PTO. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. This Article 24, Reduction In Force, and the manner in which it is executed, applies to all HPSA represented positions only. Section 1: A reduction in force may take place upon approval of the City Council and is defined as an action wherein management eliminates a position. (a) The CITY may eliminate any position. (b) The CITY will notify the Xxxxxxxxx Police Supervisors Association prior to any City Council action that relates to a reduction in force. (c) Notice of at least thirty (30) calendar days will be given to HPSA Members whose positions are eliminated through a reduction in force. In lieu of notice, an equivalent amount of salary, based on the HPSA Member’s regular work schedule, will be paid to the HPSA Member. Section 2: When a position is eliminated and/or a reduction in force takes place, the following procedure will apply: (a) HPSA Members that are serving a qualifying period within the classification that is impacted by the reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationreturned to their former classification first. 1. Should there (b) HPSA Members whose positions are eliminated shall be an FTE reduction that does not result in a position being eliminated, permitted to exercise their classification seniority to move laterally and displace the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur Member in the following manner: a. After temporary and probationary employees have been reduced, same classification. If the impacted Member is the least senior regular employee within the job classification at the school/department being reduced in FTE that classification, they will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the previously held lower classification. An employee who has been displaced as a result of this procedure will have the same seniority rights as the employee whose position was eliminated. (c) HPSA Members who are not placed in previously held positions within this Agreement will fill a vacancy as a Police Officer or Corrections Officer as appropriate. (d) Notice of at least 30 calendar days must be given to HPSA Members whose positions are to be eliminated through Reduction in Force. In lieu of notice, or less than 30-day notice, an employee shall be paid the job amount of salary the employee would have, received based on the employee’s regular work schedule, had a 30-day notice been given. Section 3: RETURN TO FORMER CLASSIFICATION RIGHTS (a) If an HPSA Member has been subject to the demotion to a lower classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside as a result of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall they will be observed: i. Temporary employees placed on a Recall to Former Classification List in the affected job classification(s) classification seniority order. Members will be recalled to their former classification in seniority order as vacancies occur. Should a Member decline a return to their former classification, they will be removed firstfrom the list and all classification seniority expires. ii. Probationary employees in (b) Return to Former Classification rights do not expire while the affected job classification(s) will be removed next. iii. The regular employee(s) in Member is an active employee, unless the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according Member declines an offer of return to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job that classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee(c) Return to Former Classification List will have precedence over all other Eligibility Lists. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Labor Agreement

REDUCTION IN FORCE. A reduction in force The Superintendent is authorized to layoff employees if a position has been abolished or if he/she determines a layoff is appropriate due to insufficient funds or work. When the District has decided to initiate a layoff, the minimum of fourteen (14) calendar day notice of layoff will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1provided. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification The order of layoff will be subject to an FTE reduction. Throughout BVSD determined by seniority from the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/departmentappropriate seniority lists. The reduced employee may then exercise their right district will attempt to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing limit the number of employees within a department or in laying to those laid off employees to the number of positions (from the Districtbargaining unit in full-time equivalents) that were cut from the budget. a. In determining which employee or employees are to be laid off the district shall, first, ascertain the classification of the position or positions which the Superintendent has decided must be vacated. The least senior employee or employees in the district holding a job with the same classification shall be laid off. b. When it becomes necessary If a position within a building is abolished or reduced from a full to implement a reduction in forcepart-time position, and no employee holding the following procedure shall be observed: i. Temporary employees position in the affected job classification(s) will be removed first. ii. Probationary employees building is susceptible to layoff in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) accordance with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace provisions with Paragraph a above, the employee with the least seniority in the building will be reassigned to another building in which there is a vacant position with the same job classification at and same status (either full-time or below his/herspart-time). In the event no vacant qualifying position exists the employee may then elect to bump the employee in the same classification and status who has the lowest bargaining unit seniority. However, when a position's hours are reduced an employee eligible for reassignment pursuant to this paragraph may opt out to remain within the departmentbuilding working at reduced hours. c. An employee may refuse a reassignment under Paragraph b above and opt to be placed on the recall list where: 1) The proposed reassignment is to a location more than twenty miles away from the employee's former position; or 2) The proposed reassignment is to a position requiring a different number of days or hours of employment during the work week or a different pay level. d. If an employee refuses a position requiring the same number of days, according hours of work, or pay level as presently assigned and which is also at a location 20 miles or closer to the reverse order employee's present position this refusal will be treated as a resignation and the employee terminated. Offers of job progressionreassignment and their acceptance may be verbal but must be confirmed in writing within five days. v. A regular e. An employee who cannot displace another employee is laid off in his/her own department under “d” above, because he/she does not have sufficient seniority or accordance with the qualifications to perform the job satisfactorily, will displace the provisions of Paragraph a above may bump an employee with the least bargaining unit seniority in the District whose another job classification within this agreement which he or she has previously held successfully and for which he/she can perform.continues to be qualified, provided: c. A regular 1) The laid off employee displaced from his/provides the district with notice of his or her job classification under this procedure will receive a minimum desire to bump within three days of thirty days notice.receipt of the notice required by paragraph 4 above; and d. Any regular 2) The laid off employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more has greater seniority than the employee he/he or she displaces and must be qualified proposes to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtbump. g. Under this procedure, an employee cannot displace another f. An employee who is has been bumped in a higher rated job classification. h. Under accordance with this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her paragraph will be laid off pursuant to remain at work under the provisions of this procedure Article. The person who has displaced the bumped employee will not be laid off from entitled to occupy the District. j. In the event of a substantial layoff, the District will meet position or receive any compensation associated with the representatives position until the notice period prescribed in paragraph 4 has expired with respect to the bumped employee. Provided that the time requirement prescribed in paragraph 4 of this section commences when the employee notifies the district of the BVCEA desire to bump, as in an effort accordance with paragraph 4b of this section. An employee subject to resolve issues related layoff who has bumped another employee in accordance with this paragraph shall not be entitled to such a reduction in forcecompensation during the period between the effective date of his or her original layoff and the effective date of the bumped employee's layoff.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction In the event that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement reduce staff due to the abolishment of a reduction in forceposition, lack of funds, lack of work or building closures, the following procedure shall be observedgovern such reductions: i. Temporary A. Reductions shall first be made through attrition resulting from resignations, retirements and transfers. B. When the Board has determined the need for reduction either system-wide or within a department or building, new employees in an initial probationary, temporary or provisional status shall be laid off first. C. Reductions shall be by classification. Shorter hour positions within a given classification shall be eliminated before other positions. D. Employees whose positions are eliminated shall have displacement (bumping) rights. Such employees may first bump within their classification. An affected employee may bump the least senior employee in the classification, providing she/he has more classification seniority. E. An employee who is displaced from the classification may bump the least senior employee in a lower classification within the classification series, providing he/she has more classification seniority and has the qualifications and ability to perform the essential functions of the job to which they are bumping. Such employee shall be given a ten (10) working day trial period to determine if he/she has the qualifications and ability to perform the essential functions of the job.* If the employee cannot successfully perform the job duties after this period then he/she shall be granted further displacement rights in accordance with this Article. F. Classification series are as follows: Network Manager Network Technician Head Mechanic Skilled Maintenance**Assistant Bus Mechanic Assistant Mechanic/Maintenance Head Custodian Unlicensed Custodian *Shipping/Receiving and Delivery Food Service Driver Cleaners Groundskeeper *If in the opinion of the Administration an employee does not possess the minimum qualifications for the Shipping/Receiving and Delivery position, the trial period may be denied. INTERPRETER Interpreter Aide Bus Driver Security Guard LRC Technician Long Distance Learning Technician Admn. Secy Computer Oper/Acct. School Secretaries Data Processing Recept./PBX Oper. Attendance Clerk Clerk Typist Court Liaison Teacher Aide/Handicapped Aide/Library Aide Handicap Attendant Bus Aide Playground/Lunchroom Monitor Assistant Cook Cashier-Accountant Cafeteria Aide/H.S. Cashier G. Exception to bumping least senior employee in a classification: if bumping least senior employee requires affected employee to suffer a loss of hours/day or days/year, then the affected job classification(semployee may bump the position held by the least senior employee having an equal number of hours/days or, if such a position does not exist, the least senior employee having the greatest number of hours/days that do not exceed what the affected employee had in the previously held position. The principle here is to allow employees to bump based on seniority into positions closest to their original position in terms of total hours. H. An employee may only bump another employee who has less classification seniority. I. At any point in the displacement process, an affected employee may bump back into a classification in which previously employed, on the basis of his/her classification seniority in the former classification. J. Any member laid off shall retain recall status for a period of twenty-four (24) months during which time the Board shall not hire any new employee or promote any present employee in any classification affected by a reduction until all employees reduced or laid off have been offered an opportunity to be reinstated. During any lay-off period, promotions will be granted only when they will not interfere with the recall of any laid-off employees. X. Xxx (10) working days prior to effective date of any lay-off the Board will notify, in writing, each employee to be laid off, a copy of which will be given to the President of the Association. Employee notification shall include reason for lay off, recall and reinstatement rights. L. Vacancies which occur after any reduction shall be offered by certified mail to the highest seniority employee on the reinstatement list, if the vacancy is within the employee's classification, at which time employee must respond within three (3) workdays. In the event the position is declined, the employee's name will be removed first. iifrom the reinstatement list and the next employee in line shall be offered the position. Probationary employees in If, at the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace time of recall, the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications is physically unable to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job heto which s/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedurehe is being recalled, his/her seniority reinstatement rights will go with the jobnot be lost as a result thereof. f. In order M. It shall be the responsibility of any laid-off employee to displace another provide the Board, during any lay-off period, their current mailing address. If the registered notice is returned unopened, that employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the Districtconsidered as resigned. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Negotiations Agreement

REDUCTION IN FORCE. A 11.01 To the extent possible, the number of persons affected by a reduction in force will be recognized kept to a minimum by not employing replacements for employees who retire or resign or whose limited contracts are not renewed for performance reasons. 11.01.01 To the extent that reductions are not achieved through attrition and when either by reason of decreased enrollment of pupils, return to duty of regular employees after leaves of absence, closing or suspension of schools or territorial changes affecting the District, changes in the curriculum, or a full position is eliminated or substantial lack of financial resources, the Board of Education decided that it will be necessary to reduce the number of employees, it may make a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) accordance with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article. 11.02 No bargaining unit member shall be laid off from pursuant to a necessary reduction in the District. j. work force (RIF) unless said bargaining unit member shall have been notified of said layoff at least thirty (30) days prior to the effective date of the layoff. In the event of a substantial necessary reduction in work force, the Employer shall first layoff probationary bargaining unit members in the affected classification in accordance with Seniority, as defined in this Agreement. The non-probationary bargaining unit member with the least District seniority in the affected classification will be next laid off. If this bargaining unit member has previous service in another classification within the Wapakoneta City School District, he/she may displace a less senior bargaining unit member in that classification. To qualify to bump into another classification, the bargaining unit member must have previous service with the Board in that classification and an opportunity to meet minimum job qualifications as listed in the job description. When the RIF is for the next school year, the laid off employee who has previous service will be given from April 30 to the next school year to meet minimum qualifications. When the RIF occurs at any other time, the laid off employee and the administration will determine a mutually-agreed time frame for the employee to meet minimum job qualification. In no case shall a new employee be employed by the employer while there are laid off bargaining unit members within the affected classification. 11.03 A laid off bargaining unit member shall, upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid off bargaining unit members may continue their insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer. Laid off bargaining unit members shall be recalled by classification series in order of seniority, with the most senior being recalled first. A bargaining unit member shall be maintained on the recall list for a period of twenty-four (24) months. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer’s records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. 11.04 A recalled bargaining unit member shall be given seven (7) calendar days from the date on which the Board’s offer is post marked to accept the offer of reinstatement. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work. Bargaining unit members recalled are obligated to take said work. A bargaining unit member who declines recall shall forfeit his/her seniority rights. Bargaining unit members on layoff shall not accrue seniority during the period of such layoff, the District will meet with the representatives but this shall not break a member’s continuous service. 11.05 Through June 30, 2009, no outside contractor, supervisor, managerial employee, substitute, temporary or casual employee or other employee of the BVCEA in Board outside the bargaining unit may be used to eliminate an effort employee’s job or reduce the regular work hours of an employee. However, the Board reserves the right to resolve issues related assign bargaining unit work to other employees, or to temporary, casual, intermittent or seasonal employees where the Board determines that such assignment of work is needed to meet seasonal, temporary or fluctuating needs, to conduct training, instruction, or inspection, where no qualified employee is available during his/her regular work hours. 11.06 In the event that a reduction in forcebuilding were opened or closed, the Labor Management Committee will discuss options of displaced workers to be assigned considering the following variables: seniority, current shift assignment, number of Hours worked, and the needs of the district. The potential displaced workers will be invited to the Labor Management Committee Meeting that discusses their reassignment with their input.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 28-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals whose employment must be terminated, and the areas within which such reductions in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationoccur. 128-2 Subject to the determinations set forth in 28-1 above, the School District agrees to the following: 28-2-1 Employees who resign or who volunteer to leave will be the first to be reduced in force. Should 00-0-0 Xxx Xxxxxx Xxxxxxxx will identify the number of surplus positions. Except as otherwise provided below for sergeants, those Employees with the least seniority will be the first to be identified as surplus Employees. Employees who are laid off may elect to be placed in a vacant support staff position in accordance with their qualifications at lateral or lower pay ranges provided that there be an FTE reduction that are no support staff Employees having priority for the vacant position. An Employee who does not result in a accept an available position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsestablished selection procedures. 2. Should there be a (1) If the sergeant position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement is affected by a reduction in force, the following procedure first sergeant to be reduced in force shall be observed: i. Temporary employees any sergeant who was rated unsatisfactory in the affected job classification(s) will last contract year, regardless of seniority. If more than one sergeant was rated unsatisfactory in the last contract year, seniority shall be removed used to determine the order of reduction among those sergeants who were rated unsatisfactory in the last contract year, with the least senior being reduced first. ii(2) If after applying the provisions of subsection (1) above, additional sergeants need to be reduced in force, the next sergeant to be reduced in force shall be any sergeant who received a disciplinary suspension within the last two (2) contract years. Probationary employees in If more than one sergeant has received a disciplinary suspension within the affected job classification(slast two (2) will contract years, the sergeant who had more suspension time shall be removed next. iiithe first to be reduced. The regular employee(s) in If two or more sergeants had the affected job classification(s) same amount of suspension time, seniority shall be used to determine the order of reduction among those sergeants, with the least seniority will be removed nextsenior being reduced first. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority (3) Any sergeant who is reduced in the job classification at or below his/hers, within the department, according force shall be allowed to return to the reverse order position of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovepolice officer, because he/she does not have sufficient seniority or provided that the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have sergeant has more seniority than any police officer the employee hesergeant would displace/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtbump. g. Under this procedure28-2 3 Employees who are laid off and do not receive a support staff position shall receive priority for substitute assignments at the current substitute rate of pay, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure and shall be on substitute status and will be laid off from the Districtemployed in accordance with School District regulations for substitute or temporary employees. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A reduction 12.01 Reduction in force is defined as the suspension of non-teaching employee contracts due to return to duty of a regular employee after a leave of absence, suspension of schools, decreased enrollment of pupils in the district, financial reasons, territorial changes affecting the district, or for any other reason deemed necessary by the Board. 12.02 Recall is defined as the reinstatement by the Board of a non-certified employee's contract. This may happen at any time up to 12 calendar months following suspension of the non-teaching employee's contract for reasons given in Section 12.01. 12.03 Recall shall be in inverse order of employee lay-off (i.e., those employees laid off last shall be first recalled). Recalled employees must fill the qualifications of the position to which they are recalled. Recalled employees shall have two (2) workdays to respond to the written notice of recall. The most senior employee by classification seniority responding to the call shall be given the position. A failure of any employee to respond within the time limit to the written recall will cause the employee to be recognized when either a full ineligible for further recall consideration. 12.04 Any qualified employee whose position is eliminated or who is otherwise subject to a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result force shall have the right to "bump" down in a position being eliminated, the least senior regular same classification or in another classification if the employee within the has job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur seniority in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the schoolposition in which s/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right he seeks to displace "bump," with the least senior employee within (by classification seniority) in that classification to be thereby bumped by such other employee and laid off, provided that no employee may bump hereunder into a job classification different from the one that s/he then holds unless there is no less senior employee (by classification seniority) in the job classification that s/he then holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace unless the employee with is judged by the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee Superintendent in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications discretion still to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job duties of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated different job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 7.1 The School Board agrees that reduction in the Professional Staff will not be made arbitrarily or capriciously. 7.2 The administration or School Board shall advise the staff of any contemplated reductions in the Professional Staff in order for the Association to be heard on the subject, if it wishes, at a school board meeting before the final decision of specific reductions is made. 7.3 Unless basis in fact can be shown for not re-hiring a senior staff member, seniority with a level II certification in the endorsement area shall have first preference at retaining available positions. For the purposes of this Article, seniority will be computed from the beginning of a staff member's most recent period of continuous employment in the School District. Seniority will begin to accrue as of the date on which the individual contract was signed. Part-time staff members will accrue seniority on a pro-rata basis. Staff members employed after the 1976-77 school year will begin to accrue seniority as of the date their individual contracts are received in the central office by the Superintendent or the Superintendent's Administrative Assistant. Seniority will continue to accrue during all paid leaves of absence for a period of two (2) years from the effective date of any layoff. Seniority will not be broken by unpaid leaves of absence, nor by employment by the School Board in a position outside the negotiating unit, but such time will not be counted in computing seniority. When seniority is equal, ability to perform the work in question, as determined by the Superintendent, will be the deciding factor. 7.4 A staff member about to be terminated under a staff reduction may apply for any vacancies in the school district for which he or she is certified. If, in the judgment of the Superintendent, the staff member is sufficiently qualified and properly licensed and endorsed to hold the position, the Superintendent shall recommend that staff member be given preferential consideration over candidates not already employed by the School Board. Such judgment shall not be exercised arbitrarily nor capriciously. 7.5 If the School Board decides to eliminate a position in the School District and therefore decides not to re-employ a staff member for the ensuing year, notice to this effect may be given to the staff member as late as April 15. 7.6 Instructional staff members on lay-off status shall be accorded preferential consideration for any normal employment as substitutes within the school district. Such staff members who desire employment as substitutes shall request such employment in writing. 7.7 All staff members about to be terminated under a reduction in force shall be granted reasonable time off for the purpose of interviewing at nearby schools at which positions exist. 7.8 Any staff member terminated under a staff reduction will have first opportunity to fill the position so eliminated if it later becomes available during the ensuing two (2) years. Instructional staff will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification notified by certified mail and will be subject allowed to an FTE reductionrespond. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE It will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside responsibility of the job classification. Note: This will not apply teacher to Transportation Bus Drivers and Bus Assistant positions as they have keep a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) current address on file with the least seniority will be removed nextSuperintendent. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 8.1 In the event that a reduction in force is deemed necessary by the Board, the president of the Union shall be notified within five (5) days of when the Board took this action. 8.2 Reduction in force shall first be accomplished by staff turnover whenever possible. a. ESP will be recognized when either a full position is eliminated or a have reduction in FTE force rights in their current job classification within a job classification. 1the District. Should there be an FTE reduction that If ESP turnover does not result in a position being eliminated, eliminate the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year need for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee ESP with the least seniority in the job affected classification at or below his/hersshall be laid off, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be that remaining ESP are qualified to perform the job work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal. (1) For purposes of this Article, seniority within the District will be computed from the beginning of the employee heESP’s most recent period of continuous employment within the District in the job classification. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the District. In the event an ESP accepts a bargaining unit position in a different classification within the District they shall begin to accrue seniority in the new classification, but shall retain their former seniority in the previous classification, which shall be restored to them in the event the ESP returns to a position in the previous classification within the District without a break in service. (2) The provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/she displacesPersonal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the District. For purposes of this Article, seniority among Paraeducators and Behavior/Personal Care Attendants employed by the District will be computed from the beginning of the Paraeducator’s and Behavior/Personal Care Attendant’s most recent period of continuous employment in the job classification within the District. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the Paraeducator or Behavior/Personal Care Attendant signed the contract with the District. The determination job classifications covered by this section and the use of qualifications rests solely the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Pre-Kindergarten Assistants, Behavior Interventionists and Personal Care Attendants. b. Upon an ESP changing jobs within the District, due to RIF or Recall from RIF all of the ESP’s leave benefits shall carry forward to the ESP’s new job/classification, insofar as the new position has comparable benefits; otherwise, leave would be handled as if the ESP separates from employment with the District. g. Under this procedurec. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence, an employee canor by layoff, but such time will not displace another employee who is be counted in a higher rated job classificationcomputing seniority. h. Under this procedure, an employee may not acquire additional work hours d. Seniority in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with be established annually as of February 1 for the representatives of the BVCEA in an effort preceding fiscal year. e. ESP regularly scheduled to resolve issues related work at least thirty-five (35) hours per week accrue seniority on a full-time basis; ESP regularly scheduled to such a reduction in force.work less than thirty- five

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction In the event the District determines that it is appropriate to reduce the number of employees who are included in force this group, seniority will be recognized when either a full considered in identifying the person to be reduced. For this purpose seniority will be considered the length of current continuous employment with the District in an administrative assistant position. When it is determined by the district which employee position is eliminated or a reduction in FTE within a job classification. 1. Should there to be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE of that salary grade will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace notified they are scheduled for reduction unless the least senior employee within had required skills which are needed for their job. In such an instance, the job classification that holds the FTE the more next least senior employee had before would be identified for reduction. When notified that they are scheduled for reduction, an employee could "bump" the school/department was reduced least senior employee in FTEtheir current salary grade or the next lower salary grade if the employee has the skills, knowledge or capacity needed to function in the position obtained via the "bump". For the purpose of "bumping," if staff reduction should be scheduled, the following is the order of salary grades from highest to lowest: Pay Grade 4, Pay Grade 3, Pay Grade 2, and Pay Grade 1. The seniority impact would continue until only salary shall be based on the last senior employee(s) are impacted. No further reductions will occur outside lesser of their current salary or the current incumbent's salary Employees reduced via this procedure shall have recall employment rights to any position of the salary grade they were reduced from one (1) calendar year following the reduction. Recall is also dependent upon the employee having the skills, knowledge or capacity for the recall position. Employees must notify the District if they desire to use the "bump" process within five (5) days of being notified their job classificationis being reduced to qualify for "bumping." Employees do not forfeit recall rights if they opt not to "bump" another employee. Note: This will not apply Employees on "recall status" are entitled to Transportation Bus Drivers and Bus Assistant positions as use the Complaint Procedures if they have a bidding process each year for complaint regarding their assignmentsfailure to gain re-employment via the recall process. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Meet and Confer Agreement

REDUCTION IN FORCE. A 8.1 In the event that a reduction in force is deemed necessary by the Board, the president of the Union shall be notified within five (5) days of when the Board took this action. 8.2 Reduction in force shall first be accomplished by staff turnover whenever possible. a. ESP will be recognized when either a full position is eliminated or a have reduction in FTE force rights in their current job classification within a job classification. 1the District. Should there be an FTE reduction that If ESP turnover does not result in a position being eliminated, eliminate the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year need for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee ESP with the least seniority in the job affected classification at or below his/hersshall be laid off, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be that remaining ESP are qualified to perform the job work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal. (1) For purposes of this Article, seniority within the District will be computed from the beginning of the employee heESP’s most recent period of continuous employment within the District in the job classification. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the District. In the event an ESP accepts a bargaining unit position in a different classification within the District they shall begin to accrue seniority in the new classification, but shall retain their former seniority in the previous classification, which shall be restored to them in the event the ESP returns to a position in the previous classification within the District without a break in service. (2) The provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/she displacesPersonal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the District. For purposes of this Article, seniority among Paraeducators and Behavior/Personal Care Attendants employed by the District will be computed from the beginning of the Paraeducator’s and Behavior/Personal Care Attendant’s most recent period of continuous employment in the job classification within the District. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the Paraeducator or Behavior/Personal Care Attendant signed the contract with the District. The determination job classifications covered by this section and the use of qualifications rests solely the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Pre-Kindergarten Assistants, Behavior Interventionists and Personal Care Attendants. c. Upon an ESP changing jobs within the District, due to RIF or Recall from RIF all of the ESP’s leave benefits shall carry forward to the ESP’s new job/classification, insofar as the new position has comparable benefits; otherwise, leave would be handled as if the ESP separates from employment with the District. g. Under this procedured. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence, an employee canor by layoff, but such time will not displace another employee who is be counted in a higher rated job classificationcomputing seniority. h. Under this procedure, an employee may not acquire additional work hours e. Seniority in displacing another employeethe District will be established annually as of February 1 for the preceding fiscal year. i. f. ESP regularly scheduled to work at least thirty-five (35) hours per week accrue seniority on a full-time basis; ESP regularly scheduled to work less than thirty- five (35) hours per week accrue seniority on a pro-rata basis. g. When seniority is equal, input from evaluations and recommendations by immediate supervisor will be taken into consideration and the Superintendent will make the final decision. 8.3 An employee whose seniority does not permit him/her ESP hired to remain at work under the provisions of this procedure will specifically with an individual student may be laid off with two weeks’ notice in the event the student moves, transfers, or there is a change in the student’s Plan so that the individual ESP is no longer required. An ESP so notified may apply for any open bargaining unit position within the District for which they are qualified, and shall be given preference in the filling of the position. The ESP will be made aware of this clause at the time of hire and/or assignment to position. 8.4 If there is a vacancy in a negotiating unit position within the District, laid off ESP who are currently qualified to perform the work in the job classification and who were laid off will be recalled in seniority order. Laid off ESP shall retain the right to recall for a period of two (2) years beginning September 1 following the effective date of layoff. Notice of recall will be given by certified mail to the last address given to the Board by the ESP. A copy of the notice of recall will be given to the Union. If an ESP refuses a recall one time to a position with comparable pay and FTE or does not respond within the 12-day period, the ESP will be removed from the District2-year recall list. j. 8.5 In the event of a substantial layoffthat the laid off ESP is unable to obtain other group health insurance, the Board shall permit the ESP to continue in the current medical insurance plan under COBRA at the group rate which the school District will meet pays, provided this does not conflict with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceinsurance carrier’s regulations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A (a) When a reduction in force will is to be recognized when either made in any job classification within a full position is eliminated or job classification group, the employee having the least amount of group seniority in the job classification shall be the first to be laid off. Any employee thus scheduled to be laid off may exercise his bumping rights under the terms of the addendum. When a reduction in FTE within a job classificationforce is scheduled, S&S will provide four (4) weeks notice to the Local Union President. 1. Should there (b) Bumping shall be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur administered in the following manner: a. After temporary and probationary employees have been reduced: An employee being laid off shall, if his seniority allows, displace (“bump”) the least senior regular employee within among S&S or its subcontractors in the same job classification at the school/department being reduced in FTE employee was displaced from. If the employee’s seniority is not sufficient to accomplish this, the employee must then look to bump into a job classification with an equal rate of pay if the bumping employee is qualified to perform the job. If the employee’s seniority is not sufficient to accomplish this, then the employee must bump into a job classification with a lower rate of pay. The lower-pay-rated job classifications will be looked at in descending order until a job classification is determined in which the employee impacted at that school/departmenthas sufficient plant seniority to bump into. The reduced employee may will then exercise their right to displace the least senior employee within the that job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within group if the department, according to the reverse order of job progression. v. A regular bumping employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications is qualified to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. (c) When a reduction in force is to be made in any job classification, the following employee in that job classification group may be retained irrespective of seniority: • A physically handicapped employee who by reason of occupational injury while employed by the Company merits special consideration. (d) When a subcontractor schedules a layoff, that subcontractor will provide four (4) weeks notice to S&S and the President of the Local Union. S&S will initiate the following steps to provide for continuing employment: (1) Transitioning the affected employees to vacancies with other subcontractors, provided work is available, or (2) Transitioning employees to S&S, provided work is available. (3) In order to displace another employee as provided the event no work is available in section 2 aboveeither of the two preceding steps, an employee must have more seniority than then the employee affected employee(s) may displace, if he/she displaces so desires, the least senior employee with S&S and/or another subcontractor in an equal or lower-rated job classification whose work he/she has the skills and must be qualified qualifications to perform at the site. If necessary, the affected employee will have the opportunity to demonstrate to the subcontractor that he/she has the skills and qualifications necessary to perform the work. In filling these positions, S&S and/or the subcontractor shall provide job-and task-specific training to assure competent job of performance, provided that this training requirement shall not include an obligation to provide fundamental skills training or craft-specific training, unless S&S and/or the employee he/she displaces. The determination of qualifications rests solely with the Districtsubcontractor opts to provide such training at its discretion. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When Mhen it becomes necessary to implement reduce the work force in a department, the Department Head shall designate the job classification and number of employees to be eliminated within their department or division, institution or other organizational unit of their department identified in the department sections of this ordinance, in making a reduction in the work force, the following procedure . No regular employee shall be observed: i. Temporary laid off in any job classification if there are temporary employees or seasonal employees in an active status in the same job classification within the department. Any reduction in the number of regular employees holding a job classification designated by a Department Head shall be made by layoff of employees in the affected job classification(s) will following order of employment status: • Temporary promotion employees¡ • Probationary new employees¡ • Probationary transfer employees, probationary promotional employees and permanent employees. Layoffs of employees within each category of employment status shall be removed first. ii. Probationary employees in based primarily on length of continuous service within the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) department with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the shortest seniority being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department subject to the approval of the Human Resources Director. Mritten notice shall be given employees laid off out of seniority of such fact. After consultation with the Human Resources Director or a designee, the Department Head shall give notice to each regular employee affected by a reduction in force and to the recognized employee organization that represents the affected employee’s representation unit, at least seniority 14 days prior to the effective date of the action. A list containing the names of the employees to be laid off shall at the same time be given to the Human Resources Director. The notice shall include: • The reason for layoff¡ • The effective date of the action¡ • The rules governing retention on the Departmental Reinstatement List¡ and • If laid off out of seniority. If an employee has previously held permanent or probationary status in the another job classification at or below his/hers, within the department, according and was not removed therefrom for disciplinary reasons, such employee shall, upon request, be given a transfer or demotion within the department to the reverse order such other classification in lieu of job progression. v. A regular employee who layoff unless such action cannot displace be accomplished without authorization of another employee in his/her own department under “d” above, because he/she does not have sufficient seniority position or the qualifications to perform the job satisfactorily, will displace the displacement of an employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an greater seniority. The affected employee must have more seniority than the employee he/she displaces and must be qualified to perform the job request such transfer or demotion within seven days of the employee he/she displaces. The determination written notification of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event layoff by personal delivery or mailing of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forcecertified letter.

Appears in 1 contract

Samples: Memorandum of Understanding

REDUCTION IN FORCE. A 1. If reduction of staff becomes necessary, it shall be done in accordance with the Pennsylvania School Code. The District shall make every effort to accomplish any necessary reduction in force through attrition, i.e., retirement, resignation, leave, etc. The District will have no obligation under this Agreement to fill any vacancies created by attrition. If this is not possible, it is recognized by the parties that it will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationnecessary for the District to furlough (suspend) professional employees. Furloughed employees shall receive notice at least sixty (60) days prior to the beginning of their next semester of employment. 12. Should there Employees who face layoff shall continue to be an FTE reduction entitled to employment as replacement employees each year before any new employees may be hired into such positions. In the event that does employees who otherwise would be laid off are employed as replacement employees, such employment shall continue to be made as close as possible to the first employee day of the school year. 3. An employee shall continue to receive system seniority credit at the time of layoff in all areas of certification he/she may hold, regardless of which certification(s) he/she has taught in or is currently teaching in. a. A more senior employee shall continue not result to be involuntarily realigned into one of his/her alternative certifications in order to forestall the layoff of a position being eliminated, less senior employee in the least certification area in which the more senior regular employee within the job classification will be subject is currently teaching. b. A employee may not voluntarily switch to an FTE reduction. Throughout BVSD alternative certification area at a time of layoff if by doing so he or she causes the reduction layoff in FTE will occur in that certification area of an employee who would otherwise not be laid off, unless the following manner: a. After temporary and probationary employees have been reduced, voluntary switch prevents the least layoff of an employee who is senior regular employee within the job classification at the school/department being reduced in FTE will be to the employee impacted at who is caused to be laid off by the voluntary switch. c. As used in this Article, furloughing will utilize the ‘Xxxxxxx’ principle. This means that school/department. The reduced employee may then exercise their right to displace the least senior employee within working in the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement certification requiring a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) or furlough will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according identified for furlough subject to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” aboveright to utilize an alternate certification for bumping to avoid layoff. Bumping will be of the least senior employee in the alternate certification. In cases of multiple alternate certifications, because bumping will be of the least senior employee (district seniority) among these alternate certifications. 4. Laid off employees will continue to be recalled to service in the order of their system seniority, subject to certification, with the most senior employee being recalled first and so on. No new employees may be hired until all laid-off employees in their areas of certification either have been reinstated or have declined an equivalent offer of reinstatement and been removed from the seniority roster. 5. A laid-off employee may elect to continue his/her life insurance, hospitalization and dental coverage for the first twelve (12) months of laid-off status by paying the full costs of same to the School District each month. 6. All two (2) semester employees are deemed to be continuously employed and paid by the District during the twelve (12) month period commencing with the first day of employee responsibility in each school year, unless terminated by the Board prior to the end of a school year and paid in full. 7. An employee bumped from a position shall have the right to return to his/her former position at the beginning of the next school year if that position is vacant. 8. For purposes of furlough and recall from furlough, employees shall not be permitted to bump into or be recalled to a counselor position unless they have previous counseling experience in Upper St. Clair. The position of counselor is considered a promotion. 9. Employees on furlough must notify the School District between May 15 and May 29 each year, in writing by certified mail, of their intent and willingness to return to work upon recall during the ensuing school year. Failure to so notify will result in removal from the District seniority list. Any employee offered recall to a full-time semester or more position must accept or he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off dropped from the Districtseniority list. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. If the Board determines it to be necessary to reduce the number of employees in a job classification due to abolishment of position, lack of funds, or lack of work, the following procedure shall govern. B. The number of people affected by a reduction in force will be recognized when either kept to a full position minimum by not employing replacements, in so far as practical, for employees who resign, retire, or otherwise vacate a position. C. Whenever it becomes necessary to lay off employees by reasons stated above, affected employees shall be laid off according to seniority within the job classification with the least senior employee laid off first. Seniority is eliminated or defined in Article 6, Sections 1, 2, and 3. Ties shall be broken in the same manner as described in Article 6, Section 2. D. The following classifications shall be used for the purpose of defining job classification seniority in the event of a Reduction in Force: Secretaries Aides Head Cooks Cafeteria Supervisors Cooks Other Cafeteria Employees Lead Custodian Custodians Bus Drivers E. The Board shall determine in which classification the reduction in FTE within force should occur and the number of positions to be reduced. Within a job classificationclassification employees with limited contracts shall be laid off first and employees with continuing contracts shall be laid off last. 1. Should there be an FTE reduction that does Employees laid off may bump into another classification, seniority permitting, using the following procedure: If the employee laid off from his/her classification, has been previously employed by the Board for not result less than one (1) school year in a position being eliminateddifferent classification (without interruption of system seniority) and has greater system seniority than an employee in that other classification, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace bump the least senior employee within the job classification in that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job other classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminatedIn such case, the following will take place: a. District seniority, rather than departmental seniority, bumped employee shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the Districtclassification. If bumping within the classification or into another classification places an employee in a position with less hours than the original position, the employee may bump, seniority permitting, the least senior employee in a position in the classification. j. In 2. If an employee cannot bump anyone in his classification, he may exercise his district seniority to bump the event least senior employee in an equal or lower paying classification providing: (a.) The employee formerly held this position for at least one year (without interruption of district seniority) as a substantial regular employee in the school district, and he/she is determined by the administration to be fully qualified. (b.) The employee has more district unit seniority than the least senior employee in the lower rated classification. 3. An employee so bumped shall have the displacement rights spelled out in this Article. Time spent on a layoff caused by reduction in force will not disrupt the continuous service for purposes of computing seniority. Time spent on layoff caused by reduction in force does not count as "years of experience" for salary schedule purposes. F. Each employee to be laid off shall be given fourteen (14) days written notice of the layoff. The notice shall include: 1. Reason for the layoff 2. The effective date of the layoff G. For the classification in which the layoff occurs, the District will meet Board shall prepare a reinstatement list and name all employees. All employees employed under a limited contract shall be placed on the reinstatement list in the reverse order of layoff. The names of all employees employed under a continuing contract shall be placed on a separate reinstatement list in reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that classification or any employee is reinstated from the limited contract list. H. Vacancies which occur in the classification of layoff shall be offered to the employee standing highest on the layoff list before the next person on the list may be considered. Employees shall have three calendar days to reply to the offer. If they fail to respond or decline the offer, they shall be removed from the reinstatement list and thus sever employment with the representatives Board. I. The employee's name shall remain on the appropriate list for a period of two (2) years from the BVCEA in an effort effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a notice of reinstatement shall be made by certified mail. It is the employee's responsibility to resolve issues related keep his/her current address on file with the Superintendent. J. Employees who have not been laid off, but who have had positions abolished, will be given the opportunity to such bump on the remaining positions within their classification following a reduction of personnel. Any employee who is bumped from his/her position will also have bumping rights within the job classification according to seniority. K. The Board will not abolish a position(s) in forceorder to be able to hire outside contractors. L. Should the Board find it necessary to reduce the number of hours of employment in a position, and should this reduction of hours cause the employee(s) to become ineligible for insurance benefits, the eligibility requirement for insurance shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will When the Board determines it necessary to reduce the number of bargaining unit positions or hours/days of a position due to financial reasons or lack of work, the following procedures shall apply: A. The Board shall determine the specific positions to be recognized when either a full position is eliminated or a reduction in FTE within a job classificationeliminated. B. Attrition and retirement shall be the first used methods by the Board to accomplish RIF’s. C. The next method for RIF shall be seniority. 1. Should there be an FTE reduction that does not result Seniority is defined, in this Article, as the length of continuous service, including approved leaves of absence, from the most recent date of employment in the Brown Local School District as a regular contracted employee in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsbargaining unit position. 2. Should there Ties will be broken by the date of employment in the Board minutes. D. Classified personnel affected by a position completely eliminatedRIF shall be given written notice, by certified mail, as soon as possible but no later than April 30. The notice shall include the reason for the RIF, the following will take place: a. District seniorityeffective date of the RIF, rather than departmental seniority, and a copy of the seniority list. A copy shall prevail when reducing be provided to the number of employees within a department or in laying off employees from the DistrictUnion President. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. E. In the event of a substantial layoffRIF, an affected employee may bump a less senior employee within his/her current classification. If there is no one to bump in that classification, the District will meet employee may displace a less senior employee in a prior classification, if any, in which the employee has actually worked as a regular employee. F. The Board shall determine in which classifications the RIF shall occur and the number of employees to be affected. G. Employees who are affected by a RIF pursuant to this Article shall be recalled in order of seniority to positions within the classification held prior to the RIF. H. An employee who is affected by a RIF shall remain on the recall list for two (2) years unless he/she waives his/her recall right in writing, resigns, fails to accept recall to a position in his/her classification with the representatives like hours/days prior to being affected, or fails to report to work within ten (10) working days after written notice of the BVCEA in an effort to resolve issues related to such a reduction in forcerecall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, A. In the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When event it becomes necessary to implement a reduction in forcereduce classified staff due to lack of funds, lack of work, or building closures, the following procedure shall be observedgovern such layoffs: i. Temporary 1. The number of employees affected by reductions shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire to otherwise vacate a position. 2. Prior to the board instituting such reductions in the affected classified staff the Board and the Union shall meet to discuss such reductions. B. In any reduction, seniority within a classification shall prevail. Seniority shall be determined by the employee’s most recent date of hire with the Board in aparticular job classification(s) classification (for reduction in force purposes only). In case of identical seniority, the following shall be the determinate: 1. First date on payroll as a regular employee. 2. Application date and time stamp. In the event the employee submitted an application online, the date a completed application is submitted to the Board will be removed firstused as the “application date.” 3. Toss of coin. iiC. When it has been determined that a reduction is necessary, temporary and seasonal employees shall be laid off first. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) Additional reductions shall begin with the least senior employee in the classification. Employees affected by a reductionin force shall be given advance written notice of layoff by April 30 of the year such reduction in force occurs, to be effective at the end of the employee’s work year. A list of affected employees and their seniority will dates shall be removed nextgiven to the President of the Union. Any employee affected by a reduction shall be granted displacement rights. Displacement shall be exercised on the basis of system seniority. Any employee affected by such a reduction shall displace a less senior employee in the following order: 1. Within the same classification. iv2. A regular employee removed under clause “c” above will displace Within the same classification series. 3. Within the classification the employee with held immediately prior to holding the least seniority in classification from which the job classification at or below his/hers, within the department, according employee was laid off. 4. Bumping shall not be utilized to increase an employee’s compensation orhours of work. Any employee who displaces a less senior employee and accepts less hours willbe recalled to the reverse order of job progression. v. A regular employee who cannot displace another employee first available position in his/her own department under “d” aboveformer classification and hours or pass before any employee who has been laid off or any new employee is hired. An available position will be the position that is available after all employees in the classification who have the same hours as the position being recalled have hadthe opportunity to transfer by seniority to other buildings. The transfer will occur at a group meeting of individuals in that classification who have the same hours and may be interested in transferring. The employee shall apply for the position within the period of the job posting. The employee shall retain recall rights to the former position/classification and hours; however, because if the employee passes on an available position, he/she does not have sufficient seniority forfeits any remaining recall rights. Should a position become available in the classification of lay off or acceptanceof lesser hours and the qualifications position offers more hours, the position will be offered first to perform the job satisfactorily, will displace the employee with who accepted the least seniority in lesser hours. This offer will be made until the District whose job he/she can performemployee reaches the number of hours worked prior to displacement. Recall to vacant positions or from lesser hours shall not be posted for bid until all employees accepting lesser hours or employees on layoff have been recalled. c. A regular D. Any employee displaced from laid off shall retain recall rights during which time the Board shall not hire any new employee to any classificationaffected by a reduction until all employees laid off have been offered an opportunity to be reinstated. Should an employee on the recall list be offered reinstatement and refuses such, said employee shall have his/her job classification under name removed from the reinstatement list. Reinstatement from the recall list shall be to the same or equivalent position and hours as previously held prior to layoff. If reinstated during this procedure period, the employee shall retain all previous accumulated seniority and all rights related to compensation and fringe benefits. Notice of reinstatement shall be made by certified mail. The Board shall compile and maintain anupdated list of laid off employees. E. Recall after any reduction will receive be in reverse order of the reduction, (i.e. last employee laid-off will be the first to be recalled). F. For continuing contract employees who were part of a Reduction in Force, and are offered employment with lesser hours and refuse the position, will remain on the recall list. Those offered a position with same hours held previously to the Reduction in Force and refuse, will come off the list. G. Seniority will be suspended or “frozen” when an employee is on a layoff period. H. Displacement of employees shall occur at a joint meeting of affected employees, administration and the Union. Affected employees will have minimum of thirty days noticeforty-eight (48) house to review available positions. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction Reductions in force will be recognized when either a full position is eliminated or a reduction made as follows, except as to Specialized Paraeducators. Cross- classification bumping will not be allowed. Job classifications shall be defined as those bargaining unit classifications set forth in FTE within a Article III of the collective bargaining agreement that contain multiple Job Titles. Job Title shall be defined as the individual job classification. 1. Should there be an FTE reduction titles that does not result in a position being eliminated, the least senior regular employee are contained within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction Job Classifications set forth in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside Article III of the job classification. Notecollective bargaining agreement (Example: This will not apply to Transportation Bus Drivers Job Classification “E” includes the Job Titles of Cook, Food Production Coordinator, and Bus Assistant positions as they have a bidding process each year for their assignmentsNutrition & Dining Services Driver. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. ) When it becomes necessary to decrease the number of educational support staff employees in the Union’s bargaining unit, or to discontinue some type of educational support service performed by the Union’s bargaining unit members, the following procedure will be used to implement a the reduction in force: Step 1: The Board, or its designee, will select and identify the Job Classification(s) affected by the reduction in force, the following procedure shall Job Title(s) to be observed:reduced within the Job Classification(s), and the number and location of the positions to be reduced. i. Temporary Step 2: The reduction within the affected Job Title(s) will be made by reducing the identified number of employees in reverse order of seniority, with the least senior employees being referred to the Human Resources Department to determine if there are any other Job Title(s) within the same Job Classification into which the employees have bumping rights per Step 3. Step 3: If there are employees in the affected job classification(s) same Job Classification who have less seniority than the employees referred to Human Resources in Step 2, the employees referred to Human Resources may bump the least senior employees within the Job Classification, and the bumped employees will be removed first. iiplaced on the recall list. Probationary If there are no other employees in the affected job classification(s) same Job Classification with less seniority than the employees reduced in Step 2, the employees reduced in Step 2 will be removed nextplaced on the recall list. iii. Step 4: The regular employee(s) remaining employees in the Job Title affected by the reduction whose seniority is such that they are able to remain in the Job Title, but whose position has been eliminated, will be placed by the District in the positions vacated by the employees who were removed from the Job Title in Step 2. Step 5: Notwithstanding the provisions above, a senior employee who is assigned to a Job Title that is being reduced may elect to voluntarily remove himself/herself from the Job Title and either select from the job classification(spositions currently available at that time or be placed on the recall list. As an example of the process identified, if there are six (6) Preschool Paraeducators and the Board decides to eliminate one (1), the one (1) Preschool Paraeducator with the least seniority will be removed next. ivfrom the position and referred to Human Resources for: (a) bumping the least senior employees within Job Classification A; or (b) choose from open positions; or (c) placement on the recall list. A regular To be eligible for recall, an honorably dismissed employee removed under clause “c” above will displace must provide to Human Resources a completed Recall Preference Form prior to the last day of employment. The employee must also notify Human Resources, in writing or by phone, within five (5) business days of Human Resources’ mailing of the notice of vacancy, or within forty-eight (48) hours of the employee’s receipt of notice, whichever shall occur first, of the acceptance of any vacant position offered to the employee with during the least recall period. Employees will be placed on a recall list by seniority. Employees who have been laid off will be recalled in seniority in order (i.e. most senior recalled first) to vacant positions, for which they are qualified, that occur during the applicable recall period. An employee will not be offered recall to any job or job classification at or below his/hers, within (other than the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace classification the employee with was laid off from) that is not checked on the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. Recall Preference Form. When an employee acquires is recalled to a position in the same job under classification pool from which he or she was laid off, or is recalled to a position or a classification checked on the Recall Preference Form, the employee must either accept the offered position or the employee will be deemed to have waived his or her recall rights. Provided, however, that an employee reduced from a position that provided access to the District’s health insurance benefits, may refuse one (1) offer of recall if the offered position does not allow the employee access to the District’s health insurance benefits and still maintain recall status. The employee’s failure to notify Human Resources of acceptance of employment, unless the employee is allowed to reject the offer of recall as set forth in this procedureparagraph, his/her seniority will go with shall constitute rejection of the job. f. In order to displace another employee as offer of employment. Recall rights shall extend for the duration provided in section 2 the School Code, except as otherwise provided above, . If an employee must have more seniority than is recalled in the first ninety (90) student attendance days of the following school year, the employee he/she displaces will receive full allotments of leave time and must be qualified to perform will earn a full year of seniority credit. If an employee is recalled after the job first ninety (90) student attendance days of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layofffollowing school year, the District employee will meet with receive leave time and seniority credit prorated using a factor based on the representatives number of the BVCEA in an effort to resolve issues related to such a reduction in forceremaining student attendance days divided by 180.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction ‌ 1) An employee who is laid off shall have the right to bump a less senior employee from a lower level position within the same chain of classification provided the employee meets all job requirements and is eligible and qualified to perform the available job. This provision shall only apply to the specific classification and/or sub classification being affected by the Reduction in force Force action. 2) An employee who is laid off shall have the right to bump a less senior employee in the most recent classification previously held based on the employee's overall seniority date provided the employee meets all job requirements, and is eligible and qualified to perform the available job. If the employee held more than one previous classification, they will bump back in the reverse order of positions held. Any personnel laid-off will retain their right to return to work for a period of one (1) year. Any person that has exercised their bumping rights into a previously held classification shall retain their right to return to the position they were bumped out of for a period of three (3) years. Exception to this provision shall be made when the service provided to Aberdeen Test Center (ATC) on this contract will be recognized when either affected by application of this seniority provision. Personnel assigned to active TDY shall not be subject to this seniority provision until they return from the TDY assignment. It is the responsibility of the employee to notify ATSS Companies of current contact information during the layoff period. The Union will not hold ATSS Companies liable for returned, refused, or undeliverable written notification. In the event that a full position new job classification is eliminated or a reduction in FTE within created (such as Light Armor Range Technician and Combat Vehicle Technician I-IV), the Company, during the initial hiring phase, will use the employee's overall seniority date as his/her classification seniority date. After the initial hiring phase is complete, all future hires will use the date entering the classification as the employee's classification seniority date. All other provisions concerning seniority are addressed as per the CBA. In the event a job classification is eliminated, which prevents an employee from bumping back into a previously held classification., the employee affected by the Reduction in Force shall have the right to bump a less senior employee from a lower graded general labor pool classification provided the employee meets all job requirements and is eligible and qualified to perform this job classification. The Chief Xxxxxxx or designee will meet with the Company prior to any Reduction In Force (RIF). Employee files, seniority, and bumping rights will be evaluated prior to implementation of the RIF. The Company will make every effort to give as much notice as possible to the Union and employees involved in a RIF. Voluntary Layoffs (VRIF) 1. Should there Consideration may be an FTE reduction that does not result in given to accept voluntary requests for layoff. If more than one (1) request is received within a position being eliminatedclassification, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before will receive first consideration. If the school/department was reduced in FTE. The seniority impact would continue until only Company accepts the last senior employee(s) employees’ request, the voluntary layoff shall spare an employee within their classification if layoffs are impacted. No further reductions will occur outside of the job scheduled for said classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there Denial of requests to volunteer for layoff will not be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according subject to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this grievance procedure. e. 3. All normal layoff benefits will apply. 4. When an employee acquires is approved for a job under this procedureVRIF, his/her seniority all recall rights will go with the jobapply as identified in Article VII – Seniority, Section 5. Recall and Section 6. Loss of Seniority. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 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 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 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 recognized when either notified as soon as possible. C. If it becomes necessary to reduce the number of employees, the District shall attempt 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. D. At the request of the District, a full position is eliminated or non-probationary employee may voluntarily consent to a reduction in FTE within hours of employment or to a job classificationlower classification in order to avoid lay off. 1. Should there be E. Whenever an FTE reduction that does not result in a position being eliminatedemployee is laid off, the least senior regular order of layoff shall be determined by seniority. The employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) classifications with the least seniority will shall be removed next. ivlaid off first. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hersSeasonal, within the departmenttemporary, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure probationary employees will be laid off before non-probationary employees. If a 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 DistrictRIF in that classification. In such a case, the reason for the exception will be provided to the employee and Federation in writing. j. In F. The District will maintain a rehire list for one year. The employee with the event most seniority within a job classification will be re-hired first. Employees who have been RIF’d will be offered re-employment by seniority before new hires, regardless of a substantial layoffprevious classification, provided the employee is qualified for that position. G. It is the sole responsibility of the employee to keep the District will meet with advised of his/her current whereabouts. Any person selected for rehire shall be notified as soon as possible and given written notice by certified mail. An employee must accept the representatives position in writing within ten working days of the BVCEA in an effort to resolve issues related to such a reduction in forcemailing of the recall notice or the position shall be forfeited, along with all further rights under this provision.

Appears in 1 contract

Samples: Classified Bargaining Agreement

REDUCTION IN FORCE. A 28-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals whose employment must be terminated, and the areas within which such reductions in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationoccur. 128-2 Subject to the determinations set forth in 28-1 above, the School District agrees to the following: 28-2-1 Employees who resign or who volunteer to leave will be the first to be reduced in force. 00-0 0 Xxx Xxxxxx Xxxxxxxx will identify the number of surplus positions. Should Except as otherwise provided below for sergeants, those Employees with the least seniority will be the first to be identified as surplus Employees. Employees who are laid off may elect to be placed in a vacant support staff position in accordance with their qualifications at lateral or lower pay ranges provided that there be an FTE reduction that are no support staff Employees having priority for the vacant position. An Employee who does not result in a accept an available position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsestablished selection procedures. 2. Should there be a (1) If the sergeant position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement is affected by a reduction in force, the following procedure first sergeant to be reduced in force shall be observed: i. Temporary employees any sergeant who was rated unsatisfactory in the affected job classification(s) will last contract year, regardless of seniority. If more than one sergeant was rated unsatisfactory in the last contract year, seniority shall be removed used to determine the order of reduction among those sergeants who were rated unsatisfactory in the last contract year, with the least senior being reduced first. ii(2) If after applying the provisions of subsection (1) above, additional sergeants need to be reduced in force, the next sergeant to be reduced in force shall be any sergeant who received a disciplinary suspension within the last two (2) contract years. Probationary employees in If more than one sergeant has received a disciplinary suspension within the affected job classification(slast two (2) will contract years, the sergeant who had more suspension time shall be removed next. iiithe first to be reduced. The regular employee(s) in If two or more sergeants had the affected job classification(s) same amount of suspension time, seniority shall be used to determine the order of reduction among those sergeants, with the least seniority will be removed nextsenior being reduced first. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority (3) Any sergeant who is reduced in the job classification at or below his/hers, within the department, according force shall be allowed to return to the reverse order position of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” abovepolice officer, because he/she does not have sufficient seniority or provided that the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have sergeant has more seniority than any police officer the employee hesergeant would displace/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtbump. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a ‌ 2301 In any reduction in force, the following procedure Employer shall determine the number of full-time and/or part-time positions in each classification which will be eliminated. A reduction in force shall only result from a business necessity. 2302 Reduction in force shall be observed: i. Temporary employees in defined as the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(selimination of an employee’s position(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority a location or a reduction in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is head count in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her location. Reduction from full-time to remain at work under the provisions of this procedure will part-time or on-call status is deemed to be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.. Reduction of hours of part-time employee(s) which results in a status change to on-call or results in the loss of coverage under Xxxxxx Foundation Health Plan and of the Dental Plan is deemed to be a reduction in force. 2303 The Parties agree to meet and confer regarding the displacement of any regular full-time or part-time employee prior to said employee exercising his/her bumping rights. The Parties will review all open bargaining unit positions in lieu of said employee exercising bumping rights. The Parties agree to place the affected employee in an available open position for which he/she is qualified, the Union agrees to waive posting and seniority for purposes of said placement. However, should the employee decline placement in an open position for which he/she is qualified, that is comparable in pay, status, shift, and job responsibility, then said employee shall be laid off and have no further bumping rights. 2304 A laid off employee may refuse a job offer and retain full recall rights if the job offered is not comparable in status, shift, and classification to his/her former position at the time of layoff or is more than thirty (30) miles from the employee’s original work location. A laid off employee who accepts a job that is not comparable shall retain recall rights for the remaining term back to a comparable status, shift, and classification within his/her Area at the time of layoff. If an employee rejects an open comparable position offered at any time during the reduction in force process within the Area, the employee shall be laid off with no further recall rights. 2305 Employees who are not placed as provided for above, will be eligible to exercise bumping rights according to the process below:

Appears in 1 contract

Samples: National Agreement

REDUCTION IN FORCE. A A. In the event a reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject Police Management Unit becomes necessary in order to meet the budget reduction requirements, an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee appropriate number of Sergeant/Civilian Supervisors with twelve (12) months or less service as a Sergeant/Civilian Supervisor who were promoted from within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/departmentPolice Department shall exercise their reversion rights. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior affected employee(s) are impacted. No further reductions will occur outside who, by an exercise of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, displaces a less senior employee shall prevail when reducing be compensated at the number step in the new classification equal to or closest to his/her present step rate of employees within a department or pay provided that no increase in laying off employees from the District. b. When it becomes necessary gross pay results. Prior to Management's decision to implement a any further reduction in force, the District agrees to meet and discuss with the Association alternative methods to accomplish necessary budget reductions in lieu of further lay-offs. B. The effective date and duration of any reduction in force or alternative budget reduction solutions shall be determined by Management. However, each succeeding fiscal year the BPMA reserves the right to meet and discuss with the District the continued implementation of prior alternative budget reduction solutions. C. In the event a reduction in force becomes necessary, the following procedure shall be observedapply: i. Temporary employees 1. An employee shall be ranked by classification grouping in accordance with his/her appointment to the specific classification. Groupings in descending order are: Police Lieutenant Police Sergeant/Civilian Police Supervisor CAD/RMS Administrator 2. Position reductions within classification groupings shall be in inverse classification seniority order with the least senior employee appointed to the classification affected job classification(s) will be removed first. ii3. Probationary employees in the An affected job classification(s) will employee shall be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order allowed to displace another a less senior employee as provided in section 2 above, within any descending classification grouping by an exercise of department seniority providing such displacing employee must have more seniority than the employee he/she displaces and must be is fully qualified to perform the job functional tasks of the displaced employee. No training other than familiarization/orientation shall be conducted by the District. An employee failing to qualify after displacing a lesser senior employee by an exercise of seniority shall be laid off. 4. An employee who by an exercise of department seniority displaces a less senior employee shall be compensated at the step in the classification equal to or closest to his/her present step rate of pay in effect at the time of the reduction in force provided that no increase in gross pay results. Recall rights cease eighteen (18) months subsequent to the date the employee was laid off. 5. An employee laid off by the District by the above reduction in force procedure shall be recalled in accordance with department seniority to a position which he/she displacesis qualified to perform. The determination Recall shall be by certified mail, return receipt requested. Failure to indicate reinstatement intentions within five (5) working days of qualifications rests solely with delivery of the recall letter shall be considered as a voluntary resignation and such employee shall be terminated by the District. An employee who fails to return to work within ten (10) additional working days for reasons other than temporary physical disability as certified by a physician shall be terminated in a like manner. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. 6. An employee whose seniority does not permit him/her last holding a position of higher rank shall have first opportunity, by classification seniority, to remain at work under revert to a position classification formerly held whether such employee is temporarily displaced within the provisions of this procedure will be laid off department or separated from the DistrictDistrict through voluntary layoff. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, 15-1 The District retains the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail determine when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force/layoff is necessary and the areas within which such reductions in force will occur. The CCAA will serve in an advisory capacity to the Superintendent. (2000) 15-2 If the Board of Trustees determines that a reduction in the existing workforce of the administrative personnel in the District is necessary, the following procedure Churchill County School District shall determine the proposed order in which the Administrator staff shall be observedreduced. The board of trustees will use the following criteria to make their determination: (2019) 15-2-1 Except as otherwise provided in sections 15-2-2 through 15-2-5, the decision to lay off an Administrator must be based solely on the overall performance of the Administrator under the statewide performance evaluation system adopted by the State Board of Education. When determining the manner in which to reduce the existing workforce, the District must lay off an Administrator whose overall performance has been determined to be: i. Temporary employees (a) Ineffective, before laying off an Administrator whose overall performance has been determined to be minimally effective, effective, or highly effective; (b) Minimally effective, before laying off an Administrator whose overall performance has been determined to be effective or highly effective; (c) Effective, before laying off an Administrator whose overall performance has been determined to be highly effective. (2018) 15-2-2 If the District determines that a further reduction in force beyond that made pursuant to 15-2-1 is necessary, the District must lay off an Administrator whose employment record includes: (a) A criminal record that resulted in the affected job classification(ssuspension of the Administrator; or (b) Disciplinary action that resulted in the suspension of the Administrator and that was uncontested or has been finally adjudicated; before laying off an Administrator whose employment record does not include such a record or disciplinary action. (2018) 15-2-3 The District shall lay off Administrators whose employment records include disciplinary actions that resulted in the suspension of the Administrator in the order of severity of the disciplinary action, with those Administrators whose employment record includes more severe disciplinary action being laid off first. (2018) 15-2-4 If the District determines that further reduction in Administrators is necessary, the decision to lay off an Administrator must be based on the following factors: (a) Whether the Administrator is employed in a position which is hard to fill; (b) Whether the Administrator has received national board certification; (c) The type of licensure held by the Administrator; (d) The type of degree attained by the Administrator and whether the degree is in a subject area that is related to his or her position; and (e) The number of credits earned by the Administrator and whether the credits are in a subject area that is related to his or her position. (2018) 15-2-5 If, after consideration of the factors described above, two or more Administrators are similarly situated, the District may give preference to the more senior Administrator. Individual seniority shall be determined by the following: (2018) 15-2-5-1 Seniority as an Administrator in the District is the total number of years as an Administrator in the District. (2011) 15-2-5-2 If there is a tie under 15-2-5-1 seniority as an Administrator in the District is the total number of years as an Administrator in Nevada.(2018) 15-2-7 Administrators who are reduced in force when no other administrative position is available will be removed firstplaced in a teaching position in accordance with their certification and qualifications if there is a vacancy. When there are more administrative employees than reappointment positions, provisions in 15-2-5 will apply. (2018) 15-2-8 Administrators who (because of reduction in force) are placed in a teaching position will retain all previous administrative and teaching seniority. ii. Probationary 15-3 The District will recall employees in the affected job classification(s) will be removed next. iii. The regular employee(sby written notification (certified mail, return receipt requested) in the affected job classification(s) reverse order to their reduction provided that the employee is currently certified if required, and qualified for the new position. Recall notice shall be sent to the employee's last known address on file with the least seniority will be removed next. ivSuperintendent. A regular The employee removed under clause “c” above will displace the employee with the least seniority must, in the job classification at or below his/herswriting, within ten (10) school days of receipt, accept or reject the departmentoffer to return to work. The employee will have twenty (20) school days to return to duty. The recall right for employees on layoff shall continue for two years, according subject to the reverse order notification requirements. However, if before the end of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When two-year period an employee acquires refuses a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/District position he or she displaces is certified and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffhold, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceemployee's layoff rights are terminated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. In the event the Board determines to engage in a reduction in force due to declining enrollment, a lack of work, financial reasons, or building reorganization, the reduction or layoff shall be accomplished only by the provisions of this Article. B. Systems seniority as defined in Article 24 – Definitions will be recognized when either applied in this process. If the effective dates of actually starting work are equal, then to determine seniority employees shall draw one card from a full position is eliminated or single deck of cards (single suit). The order of seniority shall then be determined from high to low (Ace being the highest in seniority, 2 being the lowest in seniority). A union representative shall be present during such tie breakers. The listed seniority for employees hired prior to the effective date of this Master Agreement will not change as a result of this amendment to this subsection. C. A bargaining unit seniority list shall be provided annually by the Treasurer, upon request by the OAPSE President. The Superintendent shall provide at least twenty (20) working days’ notice to the Union President before the Board acts on a reduction in FTE within a job classificationforce or hours. 1D. The number of employees affected by reductions or layoffs shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire or otherwise vacate a position. E. Within the particular job classification affected by the layoff or reduction, temporary, intermittent, seasonal, provisional or probationary employees will be reduced or subject to layoff first. Should there be an FTE reduction that does not result in a position being eliminatedThereafter, additional reductions or layoffs shall begin with the least senior regular employee within in the job classification will be subject to an FTE reductionaffected classification(s) and continue until the reduction and/or layoff is completed. Throughout BVSD Employees affected by the reduction in FTE will force shall have the right to bump pursuant to Section F. F. Bumping shall only occur within a classification series. Employees who choose to bump shall have the right to do so in the following manner: 1. Bumping up classification series is prohibited. a. After temporary and probationary employees Employees affected by a reduction in force or hours shall have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace bump the least senior employee within their current classification in the job classification that holds the FTE the more following order: 1. The least senior employee had before within their current classification having the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions same daily hours as they have a bidding process each year for their assignmentsRIF’ed position. 2. Should there be a position completely eliminated, the following will take place:The least senior employee within their current classification having no more than two (2) additional hours as their RIF’ed position. a. District seniority, rather The least senior employee within their current classification having the closest in hours to their RIF’ed position with fewer hours than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the Districttheir RIF’ed position. b. When it becomes necessary to implement a reduction in forceHowever, after determining the step 3(a) position, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with employee may voluntarily accept the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace senior of the employee with the least seniority next lesser hour position (closest in the job classification at or below his/hers, within the department, according hours to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performformer position). c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in either required (or who volunteers) to accept a higher rated job classification. h. Under this procedure, an employee may not acquire additional work position with fewer hours in displacing another employee. i. An employee whose seniority does not permit him/her shall have the right to remain at work restoration under the provisions section “H” of this procedure will be laid off from the DistrictArticle. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. A In the event that a reduction in force among the KEOPG Group becomes necessary, the following procedures will be recognized when either a full position is eliminated or a reduction in FTE within a job classification.utilized: 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification Normal attrition will be subject first explored to ascertain the need for a reduction and to determine the specific positions impacted. 2. This procedure is designed to provide job security to the most meritorious and senior employee. However, in no event, will a more senior person with less quality performance be retained solely on the basis of seniority. Further, an FTE reduction. Throughout BVSD the reduction employee offering a special or useful service and/or an up-to-date skill not evident in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before will be retained, despite the school/department was reduced in FTEseniority of the other employee. 3. The seniority impact would continue until only Group shall be divided into the last senior employee(sfollowing job classifications: a. Executive Administrative Assistant b. Administrative Assistant I c. Administrative Assistant II 4. Each employee shall further have a time status classification within each job classification as follows: (a) are impactedfull-time, (b) regular, or (c) part-time. 5. No further reductions will occur outside of the Reduction in force shall be accomplished by: (a) job performance; (b) relevant experience, training and/or education for job classification. Note: This will not apply to Transportation Bus Drivers , as defined below; (c) job classification, as defined above; and Bus Assistant positions (d) time status classification, as they have a bidding process each year for their assignmentsdefined above. 26. Should there Initially, employees shall be ranked by time status classifications within each job classification on a position completely eliminatedlist prepared by the Director of Human Resources according to seniority. Seniority is defined as length of continuous service in the Keene School District. Job sharers will accrue seniority on the same basis as part-time employees. 7. Once the initial list is developed for each time and job classification by seniority, the following will take placeadditional criteria shall be followed: a. District Past performance, determined by the three most previous evaluations, will affect seniority, rather than departmental seniorityi.e., if two full-time employees were hired at the same time and one had above average evaluations, the other outstanding, the outstanding evaluation would give the second person precedence over the first. Employees on a written performance improvement plan shall prevail when reducing the number of employees within a department or in laying off employees from the Districtbe impacted first. b. When it becomes necessary to implement a reduction in forceIf two employees were hired at the same time and they each had outstanding evaluations, then the following procedure shall additional information, deemed to be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according of benefit to the reverse order of job progressionDistrict, would be considered in determining which employee would be retained: special skills, demonstrated abilities, relevant training, and relevant education/degree. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 11.1 All bargaining unit positions and classifications shall be filled by employees of the Employer. 11.2 In the event that any reduction in staffing levels becomes necessary because of abolishment of positions, lack of funds, or lack of work, the following procedures shall govern such reduction. 11.3 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position. 11.4 Whenever it becomes necessary to lay off employees by reasons as stated above, employees within the affected classification shall be laid off according to seniority, with the least senior employee laid off first. Seniority for the purpose of reduction in force shall be determined by the original district hire date of the employee and the length of uninterrupted continuous service. Authorized leaves of absence do not constitute an interruption in continuous service. In case of identical seniority, ties will be recognized when either broken first by the initial date of service with the Employer in any capacity, and if still tied, by drawing from a full position is eliminated or deck of cards in the presence of a reduction member of the administration and a Union officer. 11.5 The following classifications shall be used in FTE within the event of a job layoff: 1. Bus Driver 5. Maintenance 2. Cooks 6. Secretaries 3. Custodians 7. Mechanic 4. Paraprofessional/Cashier Note: This list does not represent the order in which layoff may occur. Exclusions would be: School Treasurer's office employees, the Superintendent's secretary, and the administrative assistant's secretary. For the purpose of layoff and recall any individual who has been considered a maintenance/custodian will be considered to be in the maintenance classification. 11.6 The Employer shall determine in which classifications the layoff should occur and the number of employees to be laid off. In the classification of layoff, employees on probation shall be laid off before any employee in that classification employed under a continuing contract is laid off. 11.7 Twenty (20) days prior to the effective date of layoffs, the Employer shall prepare and post for inspection in a conspicuous place a list containing the names, seniority dates and classifications, and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. A copy of list shall be provided to the President of Local 339. Each notice of layoff shall state the following: 1. Reasons for the layoff or reduction. 2. The effective date of layoff. 3. A statement advising the employee of their rights of reinstatement from the layoff. 11.8 An employee whose position is reduced will have the right to displace any less senior employee in the classification. Should there be an FTE reduction that does not result in a position being eliminatedno employee with less seniority working within the employee's classification, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their shall have the right to displace the least any less senior employee within the job bargaining unit in a classification that holds in which the FTE the more senior reduced employee had before the school/department was reduced in FTEis qualified to work. The seniority impact would continue until only Superintendent will have the last senior employee(s) are impacted. No further reductions will occur outside of unrestricted right to determine if the job classification. Note: This will not apply employee is qualified to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdo the work. 211.9 Any employee laid off shall retain recall rights for a period of three (3) years. Should there Employees shall be recalled to positions for which they are qualified in order of seniority. An employee who resigns, declines an offer to be recalled to a position completely eliminatedfor which he or she is qualified, or fails to respond to an offer of recall within the following will take place: a. District seniority, rather than departmental seniority, time limits of this Article shall prevail when reducing the number of employees within a department or in laying off employees from the Districtlose all recall rights. b. When it becomes necessary to implement a reduction in force, 11.10 The laid-off employee shall provide the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) administration with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces current mailing address and must be qualified to perform the job of the employee he/she displacestelephone number (if available). The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffrecall, the District will meet with employee being recalled shall be notified by registered mail and shall have fourteen (14) calendar days from the representatives receipt of such notice in which to respond. Copies of all recall notices shall be sent to the BVCEA President of Local 339. 11.11 As vacancies occur in a classification from which employees are laid off, such vacancies shall first be offered to those employees in the classification who are not laid off on the basis of their seniority. Should none of said employees express an effort interest in the vacant position, the most senior employee laid off, who is qualified to resolve issues related fill the position shall be recalled into said position, providing his or her recall rights have not been exhausted. 11.12 Laid-off employees shall retain all seniority rights while laid off and shall continue to such a reduction in forceaccrue seniority as long as they have recall rights. Laid-off employees shall be notified by U.S. mail of all job vacancies and may bid on vacancies.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A reduction (RIF) 10.1 Because the Institute's staffing must be expanded and/or reduced for reasons as determined by the Institute including, but not necessarily limited to, fluctuations in force will enrollment or availability of funding, it may be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject necessary to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing reduce the number of employees within a department or in laying off employees, re-assign employees from full-time to part-time status or reduce the Districtnumber of annual work days and/or hours of employees. b. When it becomes necessary 10.2 If a RIF necessitating either the lay-off, reduction to implement a part-time status or reduction of the number of annual work days or hours of any employee in the bargaining unit is anticipated by the Institute, the Institute shall inform the Federation and the affected employees of the anticipated lay-off or reduction in forcewriting no less than fourteen (14) calendar days prior to the implementation of the layoff or reduction. The Federation shall be provided the opportunity to submit a written plan to the Institute setting forth how the lay-off or reduction may be avoided. Such plan must be submitted no less than five (5) days after receiving the written notice from the Institute. If the Federation does not respond within the five- (5) day period, the following procedure Federation will be considered to have waived any opportunity to submit comments regarding the anticipated lay-off or reduction and will be prohibited from public criticism of the RIF. If the Federation submits a plan, the Institute shall consider the Federation's plan before implementing the RIF/reduction or any other plan. The parties agree that in the event such notice as described above occurs at the end of a term or during any break period, the days between terms or during the break shall be observed:considered days for the purpose of this notice. i. Temporary 10.3 Prior to the implementation of a lay-off or reduction, the affected employee(s) will be re- assigned to another bargaining unit position(s) for which the employee(s) is (are) fully qualified as determined by TVI if such positions are available. All temporary or trial period employees in the affected job classification(s) classification titles covered by this Agreement will be removed firstdischarged prior to the initiation of a RIF of employees of this bargaining unit. This provision does not apply in the event TVI determines a special skill is required. ii10.4 Persons shall be retained as full-time employees based upon seniority applied to the current classification title held and the skills needed to operate the programs involved, with seniority governing when two (2) or more employees are judged to have relatively equal skills. Probationary employees Equal skill shall be judged on current occupational or discipline skills in the affected job classification(s) will be removed nextprogram area as determined by the Institute. iii. The regular employee(s10.5 An employee reinstated within one (1) in year after lay-off or reduction to part-time status shall be entitled to seniority previously accrued during employment, all previous credit and standing granted on the affected job classification(s) with pay plan for those reinstated to full-time positions and the least seniority will be removed nextreinstatement of unused leave balances. iv10.6 A laid-off employee or an employee placed on part-time or with a reduce number of days/hours status shall be placed on a recall list for one (1) year. A regular employee removed under clause “c” above will displace Employees shall be reinstated to positions for which they are fully qualified, as determined by the employee with the least seniority departments, in the job classification at or below his/hers, within the department, according to the reverse order of job progressionlay-off or reduction. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or 1. In the event that the Superintendent determines that a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from covered by Article I of the District. b. When it becomes necessary to implement a reduction in forceCollective Bargaining Agreement between the Committee and the Association, the following procedure for reduction in personnel will be followed: a) If the Superintendent determines it is necessary to reduce the number of employees covered by the Collective Bargaining Agreement, it shall first attempt to accomplish said reduction by attrition. b) A teacher with professional teacher status shall not be laid off if there is a teacher without professional teacher status whose position the teacher with professional teacher status is qualified to fill. c) In the event that a reduction cannot be accomplished pursuant to Section a and/or b above, layoffs shall be observed: i. Temporary employees conducted within disciplines based on a teacher’s job performance and the best interest of the students, which is defined as follows: the teacher’s documented disciplinary record and summative overall evaluation ratings as compared to other teachers’ past summative overall evaluation ratings in the affected job classification(s) discipline targeted to be reduced, with ratings of Meets the Standards of Bristol-Plymouth Regional Technical School, Proficient and Exemplary being considered equal. The number of summative evaluations compared with include all those evaluations written for teachers during the time equal to the most recently hired professional status teacher in the targeted discipline. If there is a tie using the above criteria, review of the personnel files of the teachers in the targeted discipline will be removed done and if the teachers have similar disciplinary records, the tie shall be broken by seniority, with the least senior teacher in the discipline targeted laid off first. ii. Probationary employees d) When a Reduction in Force is to take place, the Superintendent shall give written notice to the affected job classification(semployees at least thirty (30) will be removed nextdays prior to the reduction. iii(1) An employee covered by the Collective Bargaining Agreement, who has been notified that he is to be placed on layoff in accordance with paragraph “d“ above, may within five (5) calendar days of said notification inform the Superintendent, in writing that he/she wishes to displace an employee with less seniority than he/she within a discipline in which he/she is qualified, as defined in paragraph “g” (2) of this Article. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot wishes to displace another employee with less seniority than he/she in his/her own department a discipline in which the displacing employee is qualified and is certified may do so provided said employee has previously taught in the discipline within ten (10) years prior to the date on which the displacing employee was given a written notice layoff. (2) If the affected employee requests, within ten (10) calendar days from the date of notification under paragraph “d” above, because he/she does not have sufficient seniority and is granted a leave of absence without pay or the qualifications increment as a result of layoff pursuant to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Reduction in Force procedure, said leave shall continue for the recall period unless otherwise terminated. (3) When an employee covered by the Collective Bargaining Agreement who has not been dismissed pursuant to M.G.L. c.71, s. 42, has been granted a leave of absence as a result of layoff in accordance with the provisions of the Reduction in Force procedure, said employee shall be placed on a recall list for a period of twenty-four (24) calendar months from the effective date of the layoff. If not recalled during said period, the employee shall be terminated. (4) An employee granted a leave as set forth in e (2) above shall be entitled, during the recall period, membership in the group health or life insurance plan(s) that covers current active employees, provided, however, that the employee pays the entire cost of said insurance in monthly payments in advance of the premium due, and there shall be no contribution by the District for such employee’s insurance. (5) During said recall period, employees laid off under this paragraph shall be given priority on the substitute list provided the employee is certified or qualified as herein defined in the discipline for which a substitute is required. Employees must indicate in writing either agreement to perform substitute work at the substitute’s daily rate of pay. (6) The employee, during the period of recall, shall inform the Superintendent of his/her current mailing address and any other circumstances which could affect his/her recall status. (7) In the event that the Superintendent determines to reestablish the eliminated positions, or in the event that other vacancies occur which the Superintendent decides to fill, then employees who have been placed on layoff status who are qualified for the available position 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 (30) days from the Districtdate of the receipt of the notice, respond, in writing, by certified mail of their intention to return or not return to the school system. Upon the expiration of said thirty (30) days, if the Superintendent has not been notified by said employee, or if the employee has given notice of his/her intention not to return, then in such event, said employee shall terminate the leave of absence and the employee shall be considered to have resigned from the school system. j. (8) The Superintendent shall assign the most senior qualified employee among those notified in paragraph (7) to the available position, the position provided said employee was placed on layoff from the discipline of the position and provided said employee has complied with the provisions in paragraph (7). If among those notified in paragraph (7) there is no employee who was teaching in the discipline of the position immediately prior to being placed on layoff, the Superintendent shall assign the most senior qualified employee among those notified in paragraph (7). (9) Those employees who have complied with paragraph (7) above and who have not been assigned in accordance with paragraph (8) above, shall continue in recall status consistent with paragraph “e” (3) above. (10) In the event of a substantial layofflayoff pursuant to this Article, no duties performed by members of the District will meet bargaining unit may be performed by persons not in the bargaining unit except to the degree consistent with the representatives practices in effect on the effective date of the BVCEA in an effort to resolve issues related to such a reduction in forcethis Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A 00-0 Xxx Xxxxxxxx retains the right to determine when a reduction in force or layoff is necessary, the number of individuals whose employment must be terminated, and the areas within which such reductions in force will occur. The District agrees to notify and consult with the Association prior to a RIF and will make available to the Association all relevant information upon request. 00-0 Xxx Xxxxxxxx agrees to the following: a. Employees who volunteer to leave from the area or areas affected by the reduction in force will be recognized when either a full position thefirst to be reduced in force. Early retirement will be encouraged and an incentive for retirement may be used. b. Any additional reductions will be determined by the District's administration. They shall determine the area that will lose positions. A seniority system will be used in determining further reductions of personnel. 19-3 Seniority shall be based on the amount of working time spent in Lincoln County School District. Upon request, the District will provide the Association with an accurate seniority list. Before an employee is eliminated or a released due to reduction in FTE within a job classification. 1staff, he/she shall be given an opportunity to transfer to another position in which he/she has seniority. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular The last employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE hired will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees first released in the affected job classification(s) area affected. A seniority list will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular made at each RIF of an employee removed under clause “c” above will displace the employee with the least showing seniority in the job classification at affected. 19-4 In the event two (2) or below his/hersmore employees have the same seniority, within their performance record and improvement of skills on the department, according job will be evaluated by the Superintendent and used as a determiner of which employees remain. 19-5 Notification of a RIF will be given to the employee before April 1 of the current school year. In an emergency, RIF notification will be as soon as determination of a need for a RIF has been made by the District. 19-6 Released employees shall be placed on leave of absence with no obligation by the District to rehire after the expiration of one (1) year. Each employee placed on leave of absence as aforementioned shall be reinstated in reverse order to reduction for new positions opening for which the employee is qualified. The District shall notify employees placed on leave of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or absence of subsequent vacancies by mail to the qualifications to perform the job satisfactorily, will displace last address registered by the employee with the least seniority in District personnel office. 19-7 The employee must respond to the District whose job he/she can performoffice within ten (10) working days of their desire to be re-employed. If the District is not notified, that employee's name will be dropped from the seniority list. c. A regular employee displaced from his/her job classification under this procedure 19-8 Current or RIF'd employees will receive a minimum of thirty days noticenot be replaced by subcontract employees. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Master Contract

REDUCTION IN FORCE. When a reduction in educational support paraprofessionals occurs, the following procedures and criteria will be employed in determining which members of the bargaining unit will be laid off. A. The classifications referred to in this Article are set forth below. Each classification shall constitute a separate unit for purposes of layoff or recall: A. Library Specialists B. Computer Specialists C. Building Aides D. Health Services Assistants B. Seniority for the purpose of this article is defined in Article V of this Agreement. C. In the event that a position in the unit member’s classification at another job site within the District becomes vacant due to such factors as resignation, death or retirement, a RIF’ed employee from within the District who is qualified to fill the position will be given preference over other applicants seeking the position. D. In instances where two bargaining unit members with equal seniority are attempting to exercise bumping rights to fill the position of a less senior employee, the appropriate administrator or building principal at that work site will make the final determination as to which of the two senior employees will be retained to fill the position in question. In doing so, due consideration and weight will be given to such factors as job performance and professional improvement. E. Unit members who have been RIF’ed will be entitled to recall to vacancies in their former classification for a period of one full year from the effective date of their layoff. An employee who is recalled by the District will be recalled with all benefits he/she had accumulated at the time of his/her layoff, i.e. accrued sick leave, step placement, etc. Said layoff will not break the continuity of service but time spent on said layoff will not count for credible service toward seniority. F. Recall notices will be sent RIF’ed unit members by registered, return receipt. Such notices will be sent to their last address of record, with copies being sent to the Association. A recalled unit member shall have seven (7) days after receipt of the recall notice to accept that position. If the unit member either rejects the recall offer or fails to respond to the recall notice, the unit member’s name shall be removed from the recall list and the position shall be offered to the next person, if any, on the recall roster. G. Unit members affected by a reduction in force will shall be recognized when either a full position is eliminated or a reduction notified at least thirty (30) days in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside advance of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for effective date of their assignmentsreduction. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. 2. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. a. Temporary employees in the affected job classification(s) will be removed first. ii. b. Probationary employees in the affected job classification(s) will be removed next. iii. c. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. d. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. e. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. 3. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. 4. Any regular employee displaced under this provision may also follow this procedure. e. 5. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. 6. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. 7. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. 8. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. 9. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. 10. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A ‌ A. SENIORITY DATE AND QUALIFICATIONS: 1. The District retains the right to determine when a reduction in force will is necessary, the number of employees whose employment must be recognized when either a full position terminated and the areas of employment and / or school district operations within which such reductions in force shall occur. Once it is eliminated or determined that a reduction in FTE within a job classificationforce is necessary, the District will agree to meet with the Association and discuss the pending Reduction in Force. 12. Should there In the event the District determines that classified employee staff must be an FTE reduction that does not result in a position being eliminatedreduced, the least senior regular employee following criteria shall be used in selecting employees for retention: a) Temporary and probationary employees within the job classification will selected for layoff shall be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentslaid off first. 2. Should there be a position completely eliminated, the following will take place: a. District b) District-wide seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary 3. Prior to implement implementing a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) consideration will be removed given to transferring employees whose positions are being eliminated into positions that are available at the time of the reduction based on retirements, resignations, and leaves of absences, and new positions. The decision to utilize these options will be at the discretion of the District. 4. Reduction in Force Procedures a) When it is determined that a Reduction in Force is necessary, the least senior employees District- Wide will be reduced first. iib) Once a District-Wide reduction in force occurs, Area-Wide involuntary transfer procedures will be followed until all positions are filled. 5. Probationary employees No employee shall be replaced by another employee not qualified for such classification. 6. Seniority or “seniority date” shall mean the most recent date of employment with the District. Any resignation or termination of employment which results in the affected job classification(s) employee leaving the District shall constitute a “break” in seniority. For the purpose of staff reduction, seniority date shall mean the first working day subsequent to the most recent break in service, if any. 7. An employee’s seniority date for reduction in force and bumping purposes shall encompass all periods of service from the employee’s last continuous employment date. Periods of separation may not be bridged to extend such service unless the separation is a result of a reduction in force in which bridging will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace authorized if the employee with the least seniority is re-employed in the job his / her classification at or below his/hers, within the departmentperiod of his / her reduction in force eligibility, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 aboveB.2. below. 8. In the event that a reduction in force is necessary for School Maintenance personnel, an employee must have more seniority than Maintenance Levels I, II, III, as noted on the employee he/she displaces pay schedule, shall not be taken into consideration and must all employees will be considered equal. B. RE-EMPLOYMENT: 1. All permanent employees terminated during a reduction in force shall be placed on a re-employment priority list for all positions for which they are qualified to perform and available. Such employees shall be given preference for rehiring in permanent positions for which they are qualified. 2. Names shall remain on the job re-employment priority list for one (1) year. Refusal of a comparable permanent position, however, shall result in removal from the re-employment priority list. 3. It is the responsibility of the employee he/she displaces. The determination of qualifications rests solely to keep the Personnel Office current with the Districthis / her mailing address and telephone number(s). g. Under this procedureC. SENIORITY ACCRUAL DURING UNCOMPENSATED LEAVE: Seniority shall continue to accrue for the following uncompensated leave: 1. Uncompensated leave as a result of a work-related injury 2. Uncompensated leave due to layoff 3. Uncompensated leave approved by the Superintendent, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority which does not permit him/her exceed twenty (20) continuous days - accrual up to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.twenty (20) days

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction A. All ESP Employees other than Custodial and Maintenance Prior to action to reduce bargaining unit positions, the Alliance and the affected ESP employee(s) shall be given written notice at least sixty (60) days prior to the end of the school year. Layoffs shall be in force will inverse order of seniority within classification, providing the more senior ESP employee is qualified for the position remaining. For purposes of this Section 4.8, “Classification” shall refer to the following. Secretary/Clerk/Bookkeeper PCHS Cafeteria Workers Personal Assistants Job Coaches Teacher Aides Security Guards Nurses Certified Nursing Assistant Student Supervisors/Study Hall Supervisor/Pool Locker Room Supervisor Accompanist Computer Technician Registrar Recall rights to positions shall extend for twenty-four (24) months following the effective date of layoff. Recall within each classification shall be recognized when either in order of seniority for those qualified. Recalled ESP employees shall suffer no loss of pay or benefits in effect at the time of layoff unless altered through collective negotiations between the Alliance and the employer. Seniority shall not be lost nor shall it be earned while on layoff. Uninterrupted part-time service shall be calculated on a full pro rata basis. If there is a tie in seniority, the ESP employee with the greater total service to the District in any capacity shall be retained if qualified. Within the classification of secretary/clerk/bookkeeper, all continuous services in any of the positions shall be credited and transferable within the overall classification. In no case, however, may an ESP employee exercise seniority to bump into another classification. Notwithstanding any other provision hereunder, in exercising seniority rights hereunder, an ESP employee within the secretary/clerk/bookkeeper classification whose position is has been eliminated or a reduction in FTE within a job classification. 1. Should there shall be an FTE reduction that does not result in a entitled only to the position being eliminated, of the least senior regular ESP employee within the job classification will holding a position that the ESP employee whose position has been eliminated is qualified to fill. The more senior ESP employee thus assuming the position of a less senior ESP employee shall suffer no loss of pay. The less senior ESP employee whose position is thus being assumed, shall not be subject entitled to bump into any other position and shall be separated. Seniority shall be defined as the length of an FTE reductionESP employee’s continuous employment with the District within the classification. Throughout BVSD Service shall be computed from the reduction in FTE will occur first day of uninterrupted employment. Service shall not be interrupted due to utilization of approved leaves of absence, vacations, layoff, or normal breaks in the following manner: a. After temporary and probationary employees have been reduced, the contractual year for a particular position. A full year of service shall be earned if an ESP employee works at least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(sone-half (1/2) are impacted. No further reductions will occur outside of the job classificationESP employee’s work year. Note: This will not apply to Transportation Bus Drivers A seniority list shall be developed and Bus Assistant positions as they have a bidding process posted each year for their assignments. 2. Should there be a position completely eliminated, prior to March 1 reflecting the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number length of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order service of job progression. v. A regular employee who cannot displace another each ESP employee in his/her own department under “d” aboveeach classification, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performincluding those on layoff. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!