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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, 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 “cAccomplished” on 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Employment 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
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining 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
Sources: Master Agreement, Master Agreement, Master Agreement
REDUCTION IN FORCE. A Subd. 1. The parties recognize the principle of seniority in the application of this Agreement, concerning reduction in force will be recognized when either a full force, provided the employee is fully qualified to perform the duties and responsibilities of the position. If an employee’s 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 eliminatedhours have been reduced by fifteen (15) or more minutes, the least senior regular employee within shall have 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 an employee with lesser seniority within the their job classification that holds the FTE the more senior or an employee had before the school/department was reduced with lesser 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 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 lower paying position completely eliminatedcovered by this agreement, 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 provided 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 is qualified to perform the job duties and responsibilities of the employee he/she displacesposition. The determination of qualifications rests solely with the District.
g. Under this procedure, an employee Part-time custodians cannot displace another full- time custodians nor can they claim a full-time vacant position through recall. If an opening subsequently occurs, the laid off employee who is in a higher rated job classificationwith the most seniority shall be recalled first.
h. Under this procedureSubd. 2. Layoffs shall not be considered a break in continuous service. When a vacancy occurs, an employee may not acquire additional work hours in displacing another employee.
i. An employee whose seniority does not permit him/her the position will be posted and filled according to remain at work under the provisions of this procedure Agreement. When any employees are on layoff, a vacant position will be laid off from available to all current employees for application, but an employee on layoff may apply for such a position. An employee on layoff shall retain this seniority and right to recall in seniority order for a period of sixteen (16) months after the District.
j. In date of layoff. An employee whose position is to be reduced will be notified in writing, with a copy to the event of a substantial union ▇▇▇▇▇▇▇. If an employee is to be recalled after layoff, the District district will meet either a) have verbal conversation with the representatives employee; or b) send written communication of a registered letter, receipt requested to the employee’s address on file with the district notifying the employee of the BVCEA recall, with a copy to the union ▇▇▇▇▇▇▇. It is the employee’s responsibility, while on layoff, to ensure that the district has accurate contact information for the employee. An employee may notify the district in writing in advance of dates when the employee will not be able to receive mail at the employee’s address on file, (i.e., the employee is on vacation, at a forwarding address, out of town, etc.) If the employee will be unavailable, as stated above, and the employee provides the district with an effort alternate contact method, the district will use the alternate contact method to resolve issues related notify the employee of the recall if one arises.
Subd. 3. The notice of recall will specify by when the employee must accept the recall in order to such retain continued employment. The period offered for consideration will be no less than three calendar days. The three calendar days for consideration shall commence when the district provides the alternate notice. If the employee cannot be contacted for a reduction period of time, the district will hold the position for the employee’s consideration for one calendar week. If the employee does not respond to the notice of recall within the specified time, or if the employee declines the recall, the employee’s employment will be terminated and the employee will have no further rights to recall. If the employee accepts the recall, the employee will not be expected to return to work in forceless than fourteen (14) calendar days after acceptance, unless the district and the employee mutually agree to an earlier return to work date.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master 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
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated 2.8.1 If it becomes necessary because of federal contract modifications, insufficient funds, loss of enrollment, or a reduction in FTE within a job classification.
1. Should there be an FTE reduction that does not result in a position being eliminatedemergency caused by an act of nature, to decrease 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 number 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 eliminatedunit members, the following principles shall apply in determining the order of unit members to be laid off (not in order of priority):
(1) Last-in, first-out within subject area.
(2) Job Performance. Management will take place:
a. District senioritynot assess relative job performance in an arbitrary or capricious manner. Upon written request from an affected unit member or the AFT, rather management will explain in writing how job performance affects the order of layoff. A unit member with more than departmental seniority10 (ten) years of service will be exempt from lay-off until all those with less service in the areas in which the unit member is certified and qualified have been terminated. Before an action to terminate personnel through layoff is taken, shall prevail when reducing the number Contract Training Manager will send a written notice to the affected unit member(s) and the AFT no less than fifteen (15) calendar days prior to the effective date of employees within a department or in laying off employees lay- off. Upon notice from the DistrictNavy that a program is to be discontinued, reduced in funding, or personnel are going to be laid off, the District must within three (3) working days of receipt of such notice send a written notice to the AFT communicating the Navy’s decision.
b. When it becomes necessary 2.8.2 “Within subject area” is defined as the department the unit member has worked in: i.e., AC&R School, Electrical School, JIT School, and Culinary Specialist School, etc. However, a more senior unit member whose position is affected by the layoff or who is affected by “bumping” due to implement the layoff, and who is qualified and certified, in accordance with the Statement of Work, to teach in another job assignment in another department, will be allowed to displace a reduction more junior unit member in forcethe other job assignment. The District will determine which junior unit member will be displaced under this provision, based on the following procedure needs of the programs and on the qualifications and certification status of the junior employees.
2.8.3 No new unit member appointments 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, made while there are unit members who were laid off within the department, according past twenty-four (24) months due to reduction-in- force and who are qualified for the position and who are available for reinstatement Reinstatements shall be made in the reverse order of job progressionthe layoff (last laid-off, first re-hired).
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 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A The following procedures shall govern the reduction of staff made necessary through decreases in force will student enrollment, changes in instruction, shortage of funds, or other reasons identified by the Board and the Administration of the Bedford City School District. Such procedures shall be recognized when either a full position is eliminated or a reduction in FTE within a job classificationcompliance with state and federal laws relating to employment decisions and equal employment opportunities.
1. Should A. If there is 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 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 OAPSE President and each affected employee shall be observednotified in writing at least thirty (30) calendar days prior to the layoff with:
i. Temporary 1. The reason for the reduction;
2. The effective date of the reduction;
3. Advice as to replacement positions available; and
4. Notification of any COBRA rights.
B. The number of people affected by a reduction shall be kept to a minimum by not employing replacements, insofar as practical, for employees who resign, retire, or otherwise vacate a position.
C. For purposes of RIF, seniority shall be defined as the uninterrupted length of service from the first day of work as a member of the bargaining unit. In the event of a tie, the following tie-breakers will be used: a.) substitute work for the Bedford School District, b.) flip of a coin. For employees holding two (2) positions simultaneously, seniority shall be calculated separately for each assignment.
D. If the person being reduced is the least senior employee in that group, he/she may bump the least senior employee in the next lowest group within the same classification closest in assigned hours to those held at the time of layoff. Bumping proceeds downward, not upward, among groups. Bumping shall occur only within the appropriate classification. (See section K.)
E. If an affected job classification(s) employee is the last on the seniority list in a group when bumped, and this employee cannot qualify within another lower group, then layoff will be removed first.
iioccur. Probationary employees If an affected employee in the affected job classification(s) will be removed next.
iii. The regular employee(s) in the affected job classification(s) with an eliminated position, or one who has been bumped, does not choose to bump 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 senior employee in his/her own department group or in a lower group, layoff will occur. The employee who is bumped has the right to bump the least senior employee under “d” abovethe same procedure. (See section K.)
F. After exhausting bumping rights within their classification, because heemployees will be permitted to bump into a classification previously worked, if qualified. The employee bumping into the previously held position shall have reasonable time to comply with any changes in federal law, state law and/or Board policies/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace descriptions. Bumping into a lower paying classification shall automatically place the employee with on the least seniority in same salary step of the District whose job he/she can perform.new classification. (See section K.)
c. A regular G. Bumping into a lower paying group shall automatically place the employee displaced from on 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 present step of the employee he/she displacesnew group. The determination of qualifications rests solely with the District.(See section K.)
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 H. When a reduction in forceforce takes effect for a 12-month (260 day) employee, insurance coverage will be continued for that month and the following month. When a reduction in force takes effect for a less than 12-month (260 day) employee, insurance benefits will be continued until accrued benefits are exhausted.
Appears in 3 contracts
Sources: Negotiated Agreement, Collective Bargaining Agreement, Negotiated 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 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply.
1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows:
a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority.
b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district.
(1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority.
(2) If two or more teachers have the same length of continuous service, seniority will be determined by:
a) The date of the board meeting at which the teacher was hired, and then by;
b) The date the teacher signed his/her initial employment contract in the district, and then by;
c) Any remaining ties will be broken by lot.
c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area.
2. The names of teachers whose contracts are suspended in a reduction in force will be recognized when either placed on 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, recall list for eighteen (18) months from the least senior regular employee within date of the job classification will be subject to an FTE reduction. Throughout BVSD Teachers on the reduction in FTE recall list will occur in have the following mannerrights:
a. After temporary and probationary employees have been reduced, Teachers on the least senior regular employee within the job classification at the school/department being reduced in FTE recall list 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 recalled in FTE. The order of seniority impact would continue until only the last senior employee(s) for vacancies in areas for which they 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 Districtcertificated.
b. When it becomes necessary to implement If a reduction in forcevacancy occurs, the following procedure shall be observed:
i. Temporary employees in Board will send certified announcements to the affected job classification(s) will be removed first.
ii. Probationary employees in last known address of all teachers on 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, recall list who are qualified according to these provisions. It is the reverse order teacher's responsibility to keep the Board informed of job progression.
v. A regular employee who cannot displace another employee in his/her own department under “d” abovecurrent address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, because he/she does not have sufficient seniority or who declines to accept the qualifications to perform the job satisfactorilyposition, will displace the employee with the least seniority in the District whose job he/she can performforfeit all recall rights.
c. A regular employee displaced from his/her job classification under this procedure will receive a minimum teacher on the recall list will, upon acceptance 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 procedurethe notification to resume active employment status, his/her seniority will go return to active employment status with the job.
f. In order to displace another employee same seniority, accumulation of sick leave, and salary schedule placement as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform enjoyed at the job time of the employee he/she displaceslayoff.
3. The determination parties agree that these procedures apply only to the suspension of qualifications rests solely contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the Districtdistrict.
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 3 contracts
Sources: Master Contract, Master Contract, Master Contract
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 ▇▇▇▇▇▇▇▇ 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
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated 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
Sources: Procedural Agreement, Procedural Agreement, Procedural 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 ▇▇▇▇▇▇▇▇▇ 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
Sources: Labor Agreement, Labor 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
Sources: 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
Sources: Negotiated 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 eliminated▇▇▇▇ position. If no such vacancy exists or the employee elects not to serve as ▇▇▇▇, 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
Sources: 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.
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
Sources: 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
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of bargaining unit positions under Ohio Revised Code 3319.17, the following procedures shall apply:
A. Reductions shall be made by suspending contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows:
1. All members of the bargaining unit will be placed on a seniority list for each teaching field for which he/she is property certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list in descending order of seniority. Teachers serving under limited contracts will be placed on the list under continuing contract teachers in descending order of seniority.
2. System seniority will apply and is defined as the total number of years of continuous service in the District. A year is defined as one hundred twenty (120) days of work and/or leave with pay in any one (1) school year.
a. Board approved unpaid leaves of absence will not interrupt seniority, but time spent on such a leave shall not count toward seniority. Teachers shall accrue seniority while on paidleave.
b. If two (2) or more teachers have the same length of continuous service, seniority will be determined by the following: - the date of the Board meeting at which the teacher was hired and then by - the date the teacher signed his/her initial employment contract in the District and then - any remaining ties will be broken by the Superintendent's review of recent evaluations and judgment regarding the best interest of the District.
3. Recommended reductions in a teaching field will be made by giving preference to teachers on continuing contracts first. Then recommendations will be made based upon teacher performance as indicated through three (3) years' worth of teacher evaluation data. In the event two (2) or more teachers have equal performance, then the recommendations will be made based upon teacher attendance rates indicating abuse as documented through the disciplinary process. If two (2) or more teachers are still equal on the above-stated factors, then the recommendations will be made based upon seniority.
B. The names of teachers whose limited contracts are suspended in a reduction in force will be recognized when either placed on a full position is eliminated or a reduction in FTE within a job classification.recall list for up to twelve (12) months from the date of the reduction. Teachers on continuing contracts shall remain on the recall list for twenty-four (24) months. Teachers on the recall list will have the following rights:
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 No new teacher will be subject to an FTE reduction. Throughout BVSD employed by the reduction in FTE will occur Board while there is a teacher on the recall list who is certificated/licensed and who has not been rated Ineffective 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(sthree (3) 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 assignmentsyears.
2. Should there be a position completely eliminated, Teachers on 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) recall list will be removed first.
ii. Probationary employees recalled 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 progressionsuspension for vacancies or new positions in areas for which they are certificated/licensed in accordance with Sections A3 and B1, above.
v. A regular employee who canC. The parties agree that these procedures apply only to the suspension of contracts. This Article shall not displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or require the qualifications Board to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performfill any vacancy that it abolishes.
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
Sources: Master Agreement, Master 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
Sources: Collective Bargaining Agreement, Negotiated 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
Sources: Master Agreement, Master 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
Sources: 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
Sources: 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
Sources: Collectively Bargained Agreement, Collectively Bargained 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
Sources: Negotiated Agreement, Negotiated 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
Sources: 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
Sources: 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 ▇▇▇▇▇▇▇▇▇ 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
Sources: Labor 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
Sources: Master 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 ▇▇▇▇▇▇▇ 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
Sources: 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
Sources: 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
Sources: 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
Sources: 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
Sources: Master Agreement
REDUCTION IN FORCE. A reduction in force will be recognized when either 11.1 The District may reduce teaching positions for a full position is eliminated variety of reasons that may include reduced enrollment, limited economic resources or funds, or a reduction change in FTE within a job classification.
1or consolidation of Board authorized programs. Should there be an FTE reduction that does not result in a position being eliminatedWhen implementing these reductions, the least senior regular employee within the job classification District will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in use the following mannercriteria in making a determination of non-renewal:
a. After temporary and probationary employees have been reducedReductions will first be accomplished by attrition such as resignation, 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 eliminatedretirement, 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 Districtvoluntary transfer.
b. When it becomes necessary Teachers on a probationary contract or not making satisfactory progress on an assistance plan as specified in Article VIII, Evaluation (Hopkinton School District Teacher Evaluation Plan) will be terminated by category prior to implement teachers on a reduction continuing contract in forcethe same category as shown below.
c. If further reductions are necessary, teachers shall be laid off within the following procedure shall be observedcategories by seniority. A teacher’s category is determined by the position presently held:
i. Temporary employees in the affected job classification(s) will be removed first.Grades P-6 Elementary Classroom Teacher
ii. Probationary employees in the affected job classification(s) will be removed nextGrades 7-12 based on certification for which they are currently being employed.
iii. Specialists by the following areas: art, music, physical education, library media, guidance, foreign language by language, family or consumer science, nursing, reading specialists, ESOL, technology education, and special education. Specialists will be categorized by i or ii above.
11.2 The regular employee(s) District may consider performance evaluations when reducing by fifths. In this case, performance evaluations may take precedence over seniority. The Superintendent may deem it in the affected job classification(s) with best interest of the least seniority District to reduce a more senior person when there is a demonstrated and documented difference that the Superintendent feels is compelling. There must be a clear distinction in the performance, ability and/or experience between the two teachers affected. The Superintendent will be removed nextnotify the Association President in writing when such a decision is made. The right to grievance or appeal by the member being reduced remains in effect.
iv11.3 In cases where the reduction of a member is more than one fifth, items 11.1(a)-(c) above apply.
11.4 The District will notify affected teachers of their reduction as soon as administratively possible, but no later than stipulated by New Hampshire Law.
11.5 The District must reinstate teachers in inverse order of their being laid off, with no loss of credit for previous years of service. A regular employee removed under clause “c” above Part-time teachers shall earn seniority on a pro-rata basis.
11.6 The equivalent number of full-time years will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according determine years of continuous service to the reverse order District (for example, two years of job progressionhalf-time equals one full-time year). If there is a tie, the date of final approval by the Superintendent shall be the determining factor; if a tie still exists, the Superintendent shall make a decision based on the best interest of the district.
v. A regular employee who cannot displace another employee in 11.7 In the event a teacher’s position is eliminated, the teacher shall be offered any other position within their respective classification that becomes open within three years after the school year the position ceases to exist. The teacher must at the time the position is offered, be certified for such position under the procedures set by the State Department of Education, and provided the teacher files his/her own department under “d” abovemailing address with the Superintendent.
11.8 A person hired as a part-time teacher (not previously a full-time teacher of the District) shall not be eligible to be placed in a full-time vacancy pursuant to this Article; except that if a part-time position is changed to full-time, because that does not constitute a reduction of the part- time position.
11.9 The District will notify the Association at the same time it notifies the certified teacher(s) to be affected. The notice to the Association and the affected teacher(s) will include reasons for the reduction-in-force and reasons for the selection of the particular teacher(s) to be affected.
11.10 Certified personnel laid off must annually, by March 1, or such other times as appropriate, advise the Superintendent’s office in writing of their current address and availability for employment. If a laid-off teacher refuses an offer for re-employment in an area for which he/she does not have sufficient seniority or is qualified, 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 teacher shall forfeit his/her job classification rights to re-employment under the conditions of this procedure will receive a minimum of thirty days noticesection.
d. Any regular employee displaced under this provision may also follow this procedure.
e. 11.11 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 Districtteachers are recalled they shall be notified by certified mail, return receipt.
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
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. This Article 23, Reduction in Force, and the manner in which it is executed, applies to all HPOA represented positions only.
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) The CITY will notify the ▇▇▇▇▇▇▇▇▇ Police Officers 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 recognized when either given to HPOA employees whose positions are eliminated 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 and/or a reduction in FTE force takes place, the following procedure will apply:
(a) All HPOA employees that are serving the twelve month probationary status within the classification that is to be eliminated shall be laid off first.
(b) HPOA employees whose positions are eliminated shall be permitted to exercise his/her CITY seniority to move laterally or downward to a position within the HPOA for which they meet the minimum requirements as determined by the Director of human Resources or his/her designee.
(c) HPOA employees who are not placed in other positions may elect to accept the reduction in force or pursue displacement procedures.
(d) Displacement procedures will take place in the following:
(1) Once a 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 classification position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be eliminated.
(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.
(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 eliminated will displace the least senior employee with the least seniority in the job HPOA in any lower paying classification at or below his/hers, within the department, according to the reverse order of job progression.
v. A previously held by that 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. (4) An employee whose seniority does not permit him/her to remain at work under the provisions who has been displaced as a result of this procedure will be laid off from have the Districtsame rights under Section 2.e.3 as the employee whose position was eliminated.
j. In (5) If the event displaced employee does not meet the requirements of a substantial layoffthe previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the District employee’s qualifications will meet be reviewed by the Director of Human Resources or designee to determine if there are other placementoptions within the HPOA.
(6) Notice of at least 30 calendar days must be given to employees 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 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: Reduction in Force (RIF) Eligibility List Rights.
(a) If displacement options have been exhausted, employees will be placed on a Reduction in Force (RIF Eligibility List for all classifications that they have previously held within the HPOA. Employees will remain of the RIF Eligibility List for that classification for a period of three years, or a period equal to their length of employment, whichever is less.
(b) The RIF Eligibility List will have precedence over all other Eligibility Lists.
(c) Displaced employees on Reduction in Force (RIF) Eligibility Lists will be considered eligible for HPOA in-house recruitment, for positions for which they are qualified, for a period of three years, or a period equal to their length of employment, whichever is less.
(d) If more than one employee is placed on the RIF Eligibility List, the employees will be ranked in order by seniority for each classification previously held. The employee with the representatives most seniority within the classification will have the first option when a position becomes available in that classification.
(e) An employee who is placed in a position from such a RIF Eligibility List may be required to pass a background check and a qualifying period. The employee will be placed at the step closest to the step that he/she was at prior to the RIF.
(f) Employees on RIF Eligibility Lists waive their reinstatement privileges if they fail to respond to a re-employment notice within fifteen calendar days after notice is mailed to the last known address.
Section 4: HPOA employees who resign in good standing from employment in the HPOA may request in writing, within one (1) year after such resignation, that their name be placed upon a rehire list for the classification held upon resignation.
(a) Requests shall be submitted to the Human Resources Director and willrequire the approval of the BVCEA City Manager, Human Resources Director, and the former department head before the individual making the request can be placed upon the rehire list for that classification. The individual making the request shall be notified in writing upon approval or denial of request. All decisions of the Human Resources Director will be final.
(b) The rehire list will be utilized in the same manner as an effort open competitive list and the hiring authority will have the opportunity to resolve issues related conduct selection interviews with individuals from both lists.
(c) Individuals placed on the rehire list will remain on that list for a maximum of one year.
(d) Upon rehire, employees will have their salary set at the current entry level for the classification and serve a probationary period consistent with the current time period for that classification.
(e) Individuals rehired will be subject to such a reduction in forcethe same background procedures currently being utilized for new hires and may be subject to additional testing as deemed necessary by the Human Resources Department.
Appears in 1 contract
Sources: Labor 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
Sources: 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
Sources: 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 “cAccomplished” above 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 “dIneffective” above, 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
Sources: Collective Bargaining 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
Sources: 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
Sources: 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
Sources: 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 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
Sources: Collective Bargaining Agreement
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
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A reduction (RIF)
10.1 Because the College's staffing must be expanded and/or reduced for reasons as determined by the College 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 College, the College shall inform the Union 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 Union shall be provided the opportunity to submit a written plan to the College 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 College. If the Union does not respond within the five- (5) day period, the following procedure Union 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 Union submits a plan, the College shall consider the Union'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, excluding days when the college is closed, 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 CNM if such positions are available. All temporary (not including student employees) 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 CNM determines a special skill is required.
ii10.4 Persons shall be retained as full-time employees based upon seniority within the employee's department or Academic School that is 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 College.
iii10.5 An employee reinstated within one (1) year after lay-off or reduction to part-time status shall be entitled to seniority previously accrued during employment, all
10.6 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. The regular employee(s) Employees shall be reinstated to positions for which they are fully qualified, as determined by the departments, 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 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
Sources: 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 of the following circumstances are present:
1. A substantial decrease in pupil population
2. A substantial reduction in operating revenues
3. A substantial decrease in enrollment of a specific grade level or program, or the elimination of a program
4. The enactment of laws or court decisions that directly affect staffing and are beyond the immediate control of the Board.
B. If the 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 lay off 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) 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 re-hire 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 or her current whereabouts. Any person selected for re-hire shall be notified as soon as possible and given written notice by certified mail. An employee must accept the 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
Sources: Collective Bargaining 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
Sources: Negotiated Agreement
REDUCTION IN FORCE. A 17.3.1 The District may lay off or reduce the FTE status of employees as made necessary due to lack of work, budgetary constraints or other business-related reasons. Any such reduction in force will be recognized when either a full position is eliminated personnel or a reduction in FTE within status of greater than .1FTE, shall be considered a job classificationreduction-in-force for purposes of this Agreement.
1. Should there be an FTE reduction that 17.3.2 An approved leave of absence does not result in prevent an employee from being subject to reduction-in-force.
17.3.3 Prior to a position being eliminatedreduction-in-force, the least senior regular District will provide 30 days written notice to the employee(s) affected and to the bargaining representative. During such period the bargaining representative may offer proposals regarding alternatives to the reduction-in-force which will be duly considered by the District. If the affected employee(s) is an initial trial service employee(s), the above procedure will not apply and the District will be required to give the employee a minimum of one day advance notice.
17.3.4 An employee affected by a reduction-in-force shall be transferred to a vacant position within the job same classification with the same FTE allocation (if any); provided he/she meets the minimum skills, abilities and qualifications, and can perform the full range of duties of the position, with a brief orientation or familiarization period. In the event that no such position is available, the employee will be subject offered the options from the list below to an FTE reduction. Throughout BVSD the reduction in FTE extent they are available within the bargaining unit, and will occur in the be given five (5) business days following mannernotice to choose among available options:
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. a) The reduced employee may then exercise their right to displace bump 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(ssame classification (or from a lead to a non-lead) 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 a comparable FTE allocation 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 has more seniority than the employee he/she displaces being bumped, meets the minimum skills, abilities and must be qualified to qualifications for the position, and can perform the job full range of duties of the position with a brief orientation or familiarization period. “Comparable FTE allocation” shall mean the identical FTE allocation or, in the absence of a position with an identical FTE allocation, the position with the FTE allocation closest to the FTE allocation of the employee he/she displacesdesignated for layoff. 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 denied the right to remain at work under the provisions of this procedure will be laid off from the District.
j. In the event of bump into 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.position because the
Appears in 1 contract
Sources: 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
Sources: 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 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 ▇▇▇▇▇▇ 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
Sources: National 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, ▇▇▇▇▇▇, 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
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A reduction 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 classifications - that does not result in a position being eliminatedis, 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 Supervisor will be laid off from the District.
j. In classification being reduced. Qualifications shall be determined by the event of a substantial layoffPolice Chief, but any dispute will be subject to the District will meet with the representatives grievance procedure. Supervisors shall be recalled in reverse order of the BVCEA in an effort to resolve issues related to such a reduction in force. Supervisors will have recall rights for eighteen (18) months from the date of lay-off from active duty in the department. A refusal of recall shall be considered as a resignation, and recall rights shall terminate. If a reduction occurs within a job classification, the Supervisor affected will revert to the next lower job classification. If a Lieutenant is affected, that Lieutenant will revert to a Sergeant. If a Sergeant is affected, that Sergeant shall revert to a Patrol Officer at a rank of P-4/3 and any further reduction in workforce within the Patrol Officers Unit will follow the procedures set forth in the agreement between the Town of Westborough and the Patrol Officers Unit. The Town shall send written notices of recall positions to each Supervisor who is being recalled, by First Class Mail and Certified Mail, Return Receipt Requested, notifying them of the date of return, work location and shift assignment. Supervisors who have received recall notices shall have seven (7) calendar days to respond in writing indicating that they will accept the position. The time shall begin to run two (2) days after the date of the mailing of the notice. Failure to respond to the Town’s recall shall result in removal of the person’s name from the recall list and forfeiture of further recall rights. Any Supervisor who declines such employment after having indicated that he/she would return to work as instructed shall have his/her name removed from the recall list and shall forfeit further recall rights. Supervisors who are separated from employment as the result of a layoff and, who are subsequently recalled to employment shall for the purpose of determining their salary upon recall be credited with their prior service.
Appears in 1 contract
Sources: 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
Sources: 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
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A When the ▇▇▇▇▇▇▇ School Board finds it necessary to reduce the number of certified full- time positions for reasons of declining enrollments, budget reductions, change in or consolidation of board-authorized programs, or for any other reason determined necessary or desirable by the School Board, the following reduction in force practice will be recognized when either a full position is eliminated or implemented:
▇. ▇▇ soon as a reduction in FTE within a job classificationforce is seriously contemplated, the Superintendent of Schools shall notify the President of the Education Association of the number of positions to be eliminated.
1B. The decision to implement the reduction in force shall be made in the sole discretion of the School Board. Should there However, a teacher who is laid off pursuant to this article has the right to be an FTE reduction that does not result placed in a position being eliminated, for which he/she is certified and which is occupied by a teacher with less seniority.
C. Reductions in staff shall be according to seniority and certification. The School Board shall retain those teachers with the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur most 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 school/department being reduced in FTE will be the employee impacted at that school/department▇▇▇▇▇▇▇ School District. 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 Seniority shall be observed:
i. Temporary employees in based on 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(steacher's date and time of hire (election) in the affected job classification(s) with ▇▇▇▇▇▇▇ School District. Or in the least case of a teacher beginning teaching prior to election, seniority shall be based upon the time the teacher starts teaching. If more than one teacher begins teaching prior to election, seniority will be removed nextaccording to a drawing conducted by the School Board and the Association.
iv. A regular employee removed under clause “c” above will displace the employee with the least seniority D. Any certified teacher laid off because of 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 force shall have a letter placed in his/her own department under “d” above, professional file stating that said teacher was not offered a new contract 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.
E. There will be two year recall rights for terminated employees. Recall will be in the inverse order of layoff. After two years the school administration shall consider the applications of terminated employees for such positions which may become available in subsequent years provided that said terminated employees submit a reasonable and timely application at the time the position becomes vacant. Previously employed teachers shall return at the step and track the teacher would have been placed upon at the beginning of the subsequent school year following the RIF. The teacher will receive credit for teaching experience and / or professional training during his/her absence from the ▇▇▇▇▇▇▇ School District. The teacher will return with no less seniority than he/she had at the time of layoff. Recall rights shall be terminated if a teacher does not accept an offered position.
F. Each year a seniority list shall be prepared by the Superintendent of Schools Office no later than October 30th. The list, once verified by the President of the Education Association, shall be posted in the teachers' room.
Appears in 1 contract
Sources: Collective Bargaining Agreement