Common use of REDUCTION IN FORCE Clause in Contracts

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

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

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REDUCTION IN FORCE. If 18.1 The District retains the Board determines it right to determine when a reduction in force/layoff is necessary to reduce necessary, the number of bargaining unit positions under O.R.C. §3319.17 or for decrease individuals who must be terminated, and the areas within which such reductions in fundsforce will occur. When a reduction in force is necessary, the following District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures shall apply.to follow. (2003) 1. Reductions shall be made 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the suspending of contracts based upon reduction in force will be the Superintendent's recommendation. Those contracts first to be suspended will be chosen as follows:separated. (2003) 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 list18.2.2 Second, 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 an employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements District. Recall notice shall be sent to the employee’s last known address of all teachers on file with the recall list who are qualified according to these provisionsHuman Resources office. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond The employee must, in writing to the district office writing, within ten (10) calendar daysschool days of receipt, accept or reject the offer to return to work. The most senior of those responding employee will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.have twenty

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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

Appears in 2 contracts

Samples: Master Contract Agreement, Master Contract Agreement

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

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 1. If a reduction in the teacher force becomes necessary, a committee comprised of one MEA member from each building, the MEA President, and Board designees shall oversee the process outlined below. The Board agrees to meet and confer with the Association leadership to discuss a potential reduction in force. Except for financial reasons, teachers will be notified of a possible reduction in force by the last contractual workday in person, without requirement to return to student instruction that day. 2. Whenever it becomes necessary to implement a reduction in the teacher force, reduction procedures based upon comparability and seniority shall be implemented in the areas of certification or licensure unless the Board determines demonstrates that it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 use other criteria to achieve educational goals which could not otherwise reasonably be met by reductions based upon teachers' seniority and certification or for decrease in fundslicensure areas. Pursuant to H.B. 153, when conducting a RIF, the following procedures shall apply. 1. Reductions shall be made by Board will suspend contracts in accordance with the suspending of contracts based upon the Superintendent's 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 , who shall, within each teaching field for which they are properly certificated/licensedaffected, give preference to teachers on continuing contracts. Teachers serving under continuing contracts The Board will not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. For the purpose of determining comparability, all teachers with a final summative evaluation rating of ineffective will be placed at the top considered comparable (Category 1) and all teachers with a summative evaluation rating of the listdeveloping, in descending order of seniorityskilled, or accomplished shall be considered comparable (Category 2). 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 All teachers except those excluded from recognition in this district. (1) Board approved leaves of absence will not interrupt seniority Negotiated Agreement and those who are included but time spent on such leave shall not count toward seniority. (2) If two who have been nonrenewed 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 terminated 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 reasons other than a reduction in force will are covered by the procedures specified below. The Board of Education shall act on all continuing contracts prior to the implementation of a Reduction in Force. 3. Within each affected area of certification or licensure, reductions not achieved through attrition shall be accomplished by laying off teachers, in reverse order of seniority first in Category 1 and then Category 2, who are employed under limited contracts and then, if necessary, by suspending those employed under continuing contracts first in Category 1 and then Category 2, except as otherwise provided in this section. 4. Exceptions to preference for retention based on seniority may be made under circumstances described in §2 of this section or when they are necessary to comply with state and federal laws relating to employment matters. 5. Teachers laid off due to a reduction in force shall be so notified in writing. Their names shall be placed on upon a recall list for eighteen (18) months from the date in reverse order of layoff. A copy of the reductionlist shall be given to the MEA President. A teacher whose name appears on the recall list shall be offered reemployment when a position becomes available for which that teacher is or has become certificated or licensed before the next teacher lower on the recall list is recalled first in Category 2 and then Category 1, except as otherwise provided in this section and before any new employee is hired for the position. 6. The Board shall provide notice of recall by mail sent under a certificate of mailing to the last address given by the teacher to the Board. It is the responsibility of the teacher to provide a current mailing address to the Board. 7. Teachers on the recall list will have shall remain eligible for reemployment in accordance with §6 of this section for the next three (3) contract years following rights: a. layoff. Teachers who are offered but decline reemployment for a regular full-time teaching position for any reason other than employment under contract in another school district forfeit further rights to recall. Teachers employed under contract in another school district may be offered another open position which becomes available during the first three years their names are placed on the recall list. The acceptance or rejection of a part-time position does not limit a teacher’s right to recall. A part-time teacher still on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall does not have transfer bidding rights. c. 8. A teacher on the recall list will, upon acceptance of the notification is eligible to resume active employment status, return retain group hospitalization benefits for up to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. three (3. The parties agree that these procedures apply only ) years by making monthly premium payments to the suspension of contracts District under O.R.C. 3319.17 or Board policy governed by COBRA. A teacher who becomes employed under another group hospitalization plan loses all further eligibility 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's group hospitalization coverage.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. If When the Board determines decides that it is will be necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or teachers it employs, it may make a reasonable reduction for decrease in funds, any of 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 followsreasons, in accordance with Ohio Revised Code Section 3319.17: a. All members return to duty of regular teacher after leaves of absence b. suspension of schools c. territorial changes affecting the bargaining unit will be placed on a seniority list for district d. decreased enrollment of pupils in the district e. financial reasons In making any such reduction, the Board shall first perform the reduction through attrition. If attrition is not sufficient to accomplish the reduction, the Superintendent shall, within each teaching field for which they are properly certificated/licensed. Teachers serving under affected, give preference first to teachers on continuing contracts and then to teachers on limited contracts in order of seniority where evaluations are comparable. If the reduction is for financial reasons as stated in e. above, a committee will be placed at formed to evaluate options for the top district to attain fiscal solvency. The committee will be comprised of four (4) representatives of the listBoard and five (5) representatives of the Association. On a case-by-case basis, in descending order lieu 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 suspending a certified employee under regular contract in this district. (1) whole, the 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 servicemay suspend a contract in part, seniority will be determined by: a) The date so that an individual is required to work a percentage of the board meeting at which time the teacher was hired, employee otherwise is required to work under the contract and then by; b) The date receives a commensurate percentage of the teacher signed his/her initial employment contract in full compensation 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 employee otherwise would receive under 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. 2contract. The names of teachers whose contracts are suspended by the Board pursuant to this section shall have the right to bump into other areas of certification for which the suspended teachers are presently certified. Said bumping shall be in reverse order of seniority, with priority given to continuing contract teachers before limited contract teachers. Comparable Evaluations a) The definition of the term “comparable,” as applied to teacher evaluations, included in this section shall only be applicable after a new evaluation system that complies with HB 153 has been negotiated and fully implemented, as defined above, for at least two (2) years. b) All teachers within the District shall be deemed to have comparable evaluations if they are “Accomplished,” “Skilled,” or “Developing” as is defined in the OTES Board Policy. c) Upon full implementation of the new evaluation system, and with at least two (2) full years of student growth data, in the event a teacher is rated “Ineffective” for two (2) consecutive years, such teacher shall no longer be considered comparable to the rest of the bargaining unit for purposes of a reduction in force. d) Newly hired teachers with less than two (2) years of student growth data shall be deemed comparable with the rest of the bargaining unit. e) No reduction in force will shall be placed on accomplished through the nonrenewal or termination of the contract of any bargaining unit member. The teachers whose contracts are suspended by the Board pursuant to this section shall have the right to recall for a recall list for eighteen period of two (182) months years from the effective date of the reductionreduction in force. Teachers on the Said recall list will have the following rights: a. Teachers on the recall list will rights shall be recalled in order of seniority for vacancies in areas if and when teaching positions become vacant or are created for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All any such teachers are required or become qualified. No teacher whose contract has been suspended pursuant to respond in writing this section shall lose the right to the district office within ten (10) calendar days. The most senior recall by reason of those responding will be given the vacant position. Any teacher who fails having declined recall to respond within ten (10) calendar daysa position that is less than full-time, or who declines to accept a position requiring a lesser percentage of full-time employment than the position, will forfeit all recall rights. c. A position the teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures last held while employed in the district.

Appears in 2 contracts

Samples: Master Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. Reduction in Force (RIF) may be necessary because of decreased enrollment of pupils in the Board determines it District, changes in curriculum, changes in the use of personnel, lack of funds, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the district or for any other similar reason. This Article applies to supplemental contracts as well as regular contracts provided that there shall be no right of recall to a supplemental contract beyond the school year in which the contract is necessary suspended. For purposes of this Article, decreased enrollment of pupils shall include consideration of subject-area enrollment as well as district-wide enrollment. Decreased enrollment of pupils shall also take into account declining enrollment over the five year period immediately preceding the RIF, and thus is not limited to reduce declining enrollment in the current or previous year. B. Where known and where possible, the number of bargaining unit persons affected by a RIF will be kept to a minimum insofar as is practicable by not replacing members who retire or resign. C. Except as provided in Section D below, reductions may be achieved only by suspension of contracts in accordance with Section 3319.17. D. Vacancies created by members who retire, resign, are on leave of absence, or whose limited contracts are not renewed under Article XXII, when such vacancies are not filled, do not constitute a reduction-in-force. E. In suspending contracts within the areas of certification or specialties affected, preference shall be given to members on continuing contracts. The Superintendent or his/her designee shall determine the specific areas of certification and the specialties, as well as the specific positions under O.R.C. §3319.17 or for decrease in fundsand/or work locations to be affected by the reduction-in- force. F. Members on limited contracts shall be reduced first, utilizing the following procedures order: 1. Licensure/Certification; 2. Competency as determined by formal evaluation; 3. When evaluations are comparable, reductions will be made based on reverse order of seniority (i.e. lowest in seniority will be first reduced). G. If further reductions are needed, members on continuing contracts shall applybe reduced utilizing the following order: 1. Licensure/Certification; 2. Competency as determined by formal evaluation; 3. When evaluations are comparable, reductions will be made based on reverse order of seniority (i.e. lowest in seniority will be first reduced). H. All most recent evaluations resulting in a final summative rating of developing, skilled, or accomplished shall be comparable for the duration of this contract. I. Seniority shall be determined by placing all members on seniority lists within their area or areas of certification giving preference, within each area of certification, first to members on continuing contracts, then to professionally or permanently certificated members on limited contracts, and finally to limited contract members with temporary or one-year vocational certification. Such seniority lists shall be revised at least annually, and no later than November 1 of each year; and a copy of each revision shall be provided to the president of the Association within thirty (30) days of its completion. 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. If two (2) If two or more teachers members on any seniority list shall have the same length of continuous service, seniority will shall be determined by: a) The a. the date of the board Board meeting at which the teacher member was hired, ; and then by; b) The date the teacher signed his/her initial employment contract b. total teaching experience in the district, Big Walnut Local School District; and then by; cc. total teaching experience as certified by the STRS; and finally by d. the last four (4) Any remaining ties will digits of the member’s Social Security Number, with the low number prevailing. Length of continuous service shall not be broken interrupted by lotauthorized leaves of absence. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list J. Members selected for that area non-renewal or suspension 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 contract shall be placed on a recall "RIF List" which shall be organized by Certification Areas and which shall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled each member in descending order of seniority for within each area of certification held by each such member. As positions or vacancies in areas become available for which they such members are certificated. b. If a vacancy occurscertified, those members shall be recalled to employment in reverse order of layoff within the Board will send certified announcements applicable area(s) of certification in which such new positions or vacancies occur. Notice of recall shall be given by telephone and registered mail to the last known telephone number and last address of all teachers on given by the recall list who are qualified according to these provisionsmember. It is the teacher's responsibility of members on the RIF list to keep the Board informed of his/her current address. All teachers are required to respond advised in writing of a telephone number and mailing address at which he or she can be reached, and also of any change in the certification of the member. Each member shall remain on the RIF list for two (2) school years, provided that the rights herein granted to a member shall be forfeited by the district office member should he or she: (1) waive his or her recall rights in writing; (2) resign; (3) fail to accept recall as provided for herein; or (4) fail to report to work in a position that he or she has accepted within ten (10) calendar daysschool days after receipt of the notice of recall. The most senior of those responding will be given Members on the vacant position. Any teacher who fails RIF list shall have the right to respond within ten (10) calendar dayscontinue to participate at the members' expense, or who declines in group insurance programs without interruption in benefits, to accept the position, will forfeit all recall rightsextent authorized by law. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.A. Purpose

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Negotiated Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. During this Agreement, when the Board determines that it is will be necessary to reduce the number of bargaining unit teachers because of decreased enrollment (by grade level, subject area, or in the district as a whole), territorial changes affecting the district, financial reasons, or the abolishment of positions, a reasonable reduction in force may be made. B. The Superintendent will notify the Association of the specific reasons for, and the nature of, any anticipated staff reductions no less than twenty (20) calendar days prior to Board action on a reduction in force. The Association will be afforded the opportunity to present its views to the Board prior to Board action on the reduction in force. The Superintendent will determine which positions under O.R.C. §3319.17 or for decrease in funds, will be affected and which teachers will be laid off. The Superintendent will use the following procedures shall apply.criteria in determining which teachers are to be laid off: 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendationThe Board may make any reductions in force first through staff retirement and voluntary resignations. 2. Those contracts to be suspended will be chosen as follows: a. All Bargaining unit members of the bargaining unit will be placed on in one (1) of three (3) groups for the purpose of a seniority list for reduction in force, as described below. These groups will be called “Group One,” “Group Two,” and “Group Three.” Members within each teaching field for which they are properly certificated/licensed. Teachers serving Group will be deemed “comparable,” except that members under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving given preference over all members under limited contracts within the same Group. a. Group One will be comprised of all members who were rated “Ineffective” on their evaluation using the calculation set forth below; b. Group Two will be comprised of all members who were rated “Developing” on their evaluation using the calculation set forth below; and c. Group Three will be comprised of all members who were rated “Skilled” or “Accomplished” on their evaluation using the calculation set forth below. 3. Any reduction in force will begin with members in Group One, followed by Group Two, and finally, Group Three. For the 2014-15, 2015-16, 2016-17, and 2017-18 school years only, the teachers’ performance rating only (not including student growth measures) will determine which group the teacher is in. Thereafter, the teachers will be placed in the aforementioned groups based upon an average of the three (3) most recent summative ratings calculated as follows: • Ratings of Accomplished will equal four (4) points; • Ratings of Skilled will equal three (3) points; • Ratings of Developing will equal two (2) points; • Ratings of Ineffective will equal one (1) point. The sum of the teachers’ most recent three (3) years will be added together, divided by three (3), and rounded to the nearest whole number to find the “average” rating.* The teacher will then be placed in the appropriate Group based on his/her average rating. For example, a teacher rated Developing, Skilled, and Skilled in the list most recent three (3) years would be placed in Group Three (2 + 3 + 3 = 8 / 3 = 2.666 which is rounded to 3 = Skilled). Experienced teachers new to the District will have their ratings from their prior district used in the calculation. First and second year teachers will be placed in Group One. Third year teachers will have their two (2) years’ scores averaged for placement in the appropriate Group. The order of reduction within each Group will be: a. Members under limited contracts beginning with the least senior; and then, b. Members under continuing contract teachers, also in descending order of senioritycontracts beginning with the least senior. b. Seniority 4. No preference will be given to any member based on seniority, except when deciding between members who have comparable evaluations. C. In an effort to reduce the number of contract suspensions, teachers otherwise to be RIF'd, may be reassigned to vacant positions for which they are highly qualified. Neither the reassignment, nor any vacancy resulting from such reassignment, will be subject to any posting requirement. D. A seniority list will be established for each teaching assignment affected by the implementation of the RIF policy. A teaching assignment will be defined as those grade levels/academic subjects which are currently being taught within a particular type of certificate/license issued by the length State Department of Education and currently held by an individual teacher. E. A teacher who has been notified that he/she will be included in a RIF will be granted the following rights: 1. The right to be carried on payroll records and to remain in group insurance programs at his/her expense as provided by Federal Law. The teacher will be responsible for the full premium payment of all programs subscribed to at the first full premium due date following the effective date of their “unpaid” RIF status, provided it is acceptable to the carrier. F. Seniority will be computed from the teacher’s earliest date of continuous service hire and will begin to accrue as a certified employee under regular contract of the first day of the actual teaching position in this districtthe Delaware City Schools. (1) Board approved . Seniority will continue to accrue during all paid leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniorityand unpaid leaves of absence. Seniority is lost when service is otherwise discontinued. (2) If two or more teachers have . When seniority is equal, placement on the same length of continuous service, seniority list will be determined by: a) a. The date of the board Board meeting at which the teacher was hired, and then by;. b) b. The date the teacher signed his/her the initial employment contract in with the district, Delaware City Schools. c. The date and then by;time the signed contract was received by the Superintendent’s office. c) d. The first paid day of the teacher with the Delaware City Schools. e. Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field 3. A district wide seniority list by assignment will be made posted in each building by selecting October 1st of each school year. The list will include employee names, current assignment, and years of service. The Association will be provided with a copy of the person lowest seniority list. 4. Teachers wishing to challenge their placement on the seniority list for that area must do so in writing to the Superintendent or designee no later than the last school day of certification who is currently assigned to a position in that teaching fieldOctober. A teacher so affected may elect final list will be posted by the first day of December. G. The following procedures will be used in the recall process: Recall: 1. If there is a vacancy, laid off teachers who are certificated/licensed to displace a teacher who holds a lower position on a seniority list for another area perform the work in question will be recalled in reverse order of certification, provided he/she is certificated in that second arealayoff as per state requirements. 2. The names Notice of teachers whose contracts are suspended in a reduction in force recall will be placed on a by telephone and/or electronic mail. If those methods do not result in contact with the teacher, notice will be given by certified mail to the last address given to the Board by the teacher. The teacher has ten (10) days after receipt of the notice of recall list for eighteen to indicate acceptance or not. No acknowledgment of the notice within fifteen (1815) months from days of the date of it was mailed will be the reductionsame as refusal. 3. Teachers A teacher who is laid off will remain on the recall list will have for thirty-six (36) months after the following rightseffective date of lay off unless: a. Teachers on the a) recall list will be recalled rights are waived in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is writing by the teacher's responsibility to keep b) a resignation is offered by the Board informed of his/her current address. All teachers are required to respond in writing to teacher c) the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification position to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as which he/she enjoyed at the time of layoffhas been recalled. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

REDUCTION IN FORCE. If the Board determines it 12.01 Reduction in force 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 suspension of continuous service as non-teaching employee contracts due to return to duty of a certified regular employee under regular contract in this district. (1) Board approved leaves after a leave 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 absence, suspension of continuous serviceschools, seniority will be determined by: a) The date decreased enrollment of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract pupils in the district, and then by; c) Any remaining ties will be broken financial reasons, territorial changes affecting the district, or for any other reason deemed necessary by lotthe Board. c. Recommended reductions 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 a teaching field Section 12.01. 12.03 Recall shall be in inverse order of employee lay-off (i.e., those employee's 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 made by selecting the person lowest on the seniority list ineligible for that area of certification further recall consideration. 12.04 Any qualified employee whose position is eliminated or who is currently assigned otherwise subject 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 shall have the right to "bump" down in the same classification or in another classification if the employee has job classification seniority in the position in which s/he seeks to "bump," with the least senior employee (by classification seniority) in that classification to be placed on thereby bumped by such other employee and laid off, provided that no employee may bump hereunder into a recall list for eighteen (18) months job classification different from the date of one that s/he then holds unless there is no less senior employee (by classification seniority) in the reduction. Teachers on job classification that s/he then holds and unless the recall list will have employee is judged by the following rights: a. Teachers on the recall list will be recalled Superintendent in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required discretion still to respond in writing be qualified to perform the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance duties of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffdifferent job classification. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. During this Agreement, when the Board determines that it is will be necessary to reduce the number of bargaining unit teachers because of decreased enrollment (by grade level, subject area, or in the district as a whole), territorial changes affecting the district, financial reasons, or the abolishment of positions, a reasonable reduction in force may be made. B. The Superintendent will notify the Association of the specific reasons for, and the nature of, any anticipated staff reductions no less than twenty (20) calendar days prior to Board action on a reduction in force. The Association will be afforded the opportunity to present its views to the Board prior to Board action on the reduction in force. The Superintendent will determine which positions under O.R.C. §3319.17 or for decrease in funds, will be affected and which teachers will be laid off. The Superintendent will use the following procedures shall apply.criteria in determining which teachers are to be laid off: 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendationThe Board may make any reductions in force first through staff retirement and voluntary resignations. 2. Those contracts to be suspended will be chosen as follows: a. All Bargaining unit members of the bargaining unit will be placed on in one (1) of three (3) groups for the purpose of a seniority list for reduction in force, as described below. These groups will be called “Group One,” “Group Two,” and “Group Three.” Members within each teaching field for which they are properly certificated/licensed. Teachers serving Group will be deemed “comparable,” except that members under continuing contracts will be placed at given preference over all members under limited contracts within the top same Group. a. Group One will be comprised of all members who were rated “Ineffective” on their evaluation using the listcalculation set forth below; b. Group Two will be comprised of all members who were rated “Developing” on their evaluation using the calculation set forth below; and c. Group Three will be comprised of all members who were rated “Skilled” or “Accomplished” on their evaluation using the calculation set forth below. 3. Any reduction in force will begin with members in Group One, in descending order of seniorityfollowed by Group Two, and finally, Group Three. Teachers serving limited contracts will be placed in the aforementioned groups based upon an average of the three (3) most recent summative ratings calculated as follows: • Ratings of Accomplished will equal four (4) points; • Ratings of Skilled will equal three (3) points; • Ratings of Developing will equal two (2) points; • Ratings of Ineffective will equal one (1) point. The sum of the teachers’ most recent three (3) years will be added together, divided by three (3), and rounded to the nearest whole number to find the “average” rating.* The teacher will then be placed in the appropriate Group based on their average rating. For example, a teacher rated Developing, Skilled, and Skilled in the list most recent three (3) years would be placed in Group Three (2 + 3 + 3 = 8 / 3 = 2.666 which is rounded to 3 = Skilled). Experienced teachers new to the District will have their ratings from their prior district used in the calculation. First and second year teachers will be placed in Group One. Third year teachers will have their two (2) years’ scores averaged for placement in the appropriate Group. The order of reduction within each Group will be: a. Members under limited contracts beginning with the least senior; and then, b. Members under continuing contract teachers, also in descending order of senioritycontracts beginning with the least senior. b. Seniority 4. No preference will be given to any member based on seniority, except when deciding between members who have comparable evaluations. C. In an effort to reduce the number of contract suspensions, teachers otherwise to be RIF'd, may be reassigned to vacant positions for which they are highly qualified. Neither the reassignment, nor any vacancy resulting from such reassignment, will be subject to any posting requirement. D. A seniority list will be established for each teaching assignment affected by the implementation of the RIF policy. A teaching assignment will be defined as those grade levels/academic subjects which are currently being taught within a particular type of certificate/license issued by the length State Department of Education and currently held by an individual teacher. E. A teacher who has been notified that they will be included in a RIF will be granted the following rights: 1. The right to be carried on payroll records and to remain in group insurance programs at their expense as provided by Federal Law. The teacher will be responsible for the full premium payment of all programs subscribed to at the first full premium due date following the effective date of their “unpaid” RIF status, provided it is acceptable to the carrier. F. Seniority will be computed from the teacher’s earliest date of continuous service hire and will begin to accrue as a certified employee under regular contract of the first day of the actual teaching position in this districtthe Delaware City Schools. (1) Board approved . Seniority will continue to accrue during all paid leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniorityand unpaid leaves of absence. Seniority is lost when service is otherwise discontinued. (2) If two or more teachers have . When seniority is equal, placement on the same length of continuous service, seniority list will be determined by: a) a. The date of the board Board meeting at which the teacher was hired, and then by;. b) b. The date the teacher signed his/her the initial employment contract in with the district, Delaware City Schools. c. The date and then by;time the signed contract was received by the Superintendent’s office. c) d. The first paid day of the teacher with the Delaware City Schools. e. Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field 3. A district wide seniority list by assignment will be made posted in each building by selecting October 1st of each school year. The list will include employee names, current assignment, and years of service. The Association will be provided with a copy of the person lowest seniority list. 4. Teachers wishing to challenge their placement on the seniority list for that area must do so in writing to the Superintendent or designee no later than the last school day of certification who is currently assigned to a position in that teaching fieldOctober. A teacher so affected may elect final list will be posted by the first day of December. G. The following procedures will be used in the recall process: Recall: 1. If there is a vacancy, laid off teachers who are certificated/licensed to displace a teacher who holds a lower position on a seniority list for another area perform the work in question will be recalled in reverse order of certification, provided he/she is certificated in that second arealayoff as per state requirements. 2. The names Notice of teachers whose contracts are suspended in a reduction in force recall will be placed on a by telephone and/or electronic mail. If those methods do not result in contact with the teacher, notice will be given by certified mail to the last address given to the Board by the teacher. The teacher has ten (10) days after receipt of the notice of recall list for eighteen to indicate acceptance or not. No acknowledgment of the notice within fifteen (1815) months from days of the date of it was mailed will be the reductionsame as refusal. 3. Teachers A teacher who is laid off will remain on the recall list will have for thirty-six (36) months after the following rightseffective date of lay off unless: a. Teachers on recall rights are waived in writing by the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated.teacher b. If a vacancy occurs, resignation is offered by the Board will send certified announcements to teacher c. the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsposition to which they have been recalled. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce A. Reduction in Force 1. Where known and where possible, the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply. 1. Reductions shall be made persons affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed kept to a minimum by not employing replacements insofar as practicable for certificated/licensed staff members who retire or resign or whose limited agreements are not renewed. 2. The Association shall be notified of the reason(s) for RIF and the extent of staff reduction at such time a decision is made by the Board and shall be further notified as to which teacher(s) shall be suspended. 3. The teacher to be suspended will be notified of the RIF thirty (30) days prior to the effective date. 4. Reductions shall be accomplished by the Board suspending contracts based on the recommendations of the Superintendent following the committee’s recommendations. The recommendation shall give preference to unit members on continuing contracts, then in the following order in accordance to the terms and conditions of HB 153. a. Licensure/Certification within the affected teaching field. b. Comparable Evaluation (based on three (3) consistent years of evaluation instruments for the 2012-2013 school year only. Subsequent years follow the Ohio Revised Code and subject to renegotiation. c. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior continuing contract teacher in the affected teaching field the first to be suspended. d. When affected licensure/certification teaching field(s) contains only limited contract teachers, steps 1-3 above will be followed using the Summative Evaluation or the Evaluation with the highest ratings. 5. Seniority shall be defined as the total number of years in continuous employment in Lake Local Schools, starting with date Board acted to employ the teacher. Continuous employment shall include all time on sick leave, absence, all time on Board approved leave of absence, all time on military leave of absence, all time on disability retirement to a maximum of five (5) years, and all time during suspension if the teacher is reinstated. If two or more individuals have equal seniority as defined herein, the individual to be laid off will be determined by the Superintendent or designee. 6. Seniority shall be system-wide, (rather than building) and shall be determined by placing all certificated/licensed staff members on seniority lists within their areas of certification. A list shall be prepared and kept up-dated ranking all tenured teachers in the district by seniority, giving areas of certification and present teaching and building assignment; then all non-tenured teachers in the district by seniority, giving areas of certification and present teaching and building assignment. Said seniority list, if requested, shall be made available to the LEA President by November 1 of each school year. Seniority shall be lost when a teacher resigns, retires, is non-renewed, terminated, or after January 1, 1998, is promoted out of the bargaining unit. 7. A teacher on a recall list for eighteen (18) months from continuing contract who has their position reduced in force may displace the date of least senior teacher in the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in area or areas for which they are certificatedcertified/licensed, but only if permitted based on their evaluation(s) as determined by the Superintendent. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers 8. Teachers on the recall RIF list who shall be returned to active employment to fill vacancies in reverse order of reduction for any position that becomes available for which they are qualified according to these provisions. It or have become certificated/licensed before any permanent teacher or substitute is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar dayshired. The most senior of those responding will be given Board shall recall the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only by giving written notice to the suspension teacher, said written notice being sent to the teacher by registered or certified letter addressed to the teacher’s last known address. It shall be the responsibility of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require each teacher to notify the Board to fill of any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.change of address

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. 9.01 If the Board determines it daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is necessary to reduce no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the employee that is within the bargaining unit. 9.02 When in the event of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is required, 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 people affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed kept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in 9.04 below. 9.04 All openings, including vacancies resulting from 9.02 above, shall be announced and open for bids by all eligible employees as provided by this Agreement. Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on a recall list for eighteen (18) months from the date of the reduction. Teachers their temporary assigned positions or on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas any other existing openings for which they are certificatedqualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. b. If a vacancy occurs9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, the Board will send certified announcements Child Nutrition Vended. 9.06 The following classifications shall be assigned to the last known address of all teachers on the recall list who are qualified according to these provisionsspecified series listed above: 9.0601 Child Nutrition Production 1. It is the teacher's responsibility to keep the Board informed of his/her current addressProduction Kitchen Manager 2. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff.Cafeteria Xxxx 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of fundsFood Production Assistant 4. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.Child Nutrition Assistant

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. If A. The Association agrees that the Board determines has the right to determine if there should be a layoff due to lack of funds or work. If it is becomes necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsmembers through a layoff, the following procedures Superintendent will make every reasonable effort to effect such a reduction by attrition. In the event of any such layoff, the affected employee(s) will have the right to take the position of the least senior employee in the affected job classification provided that the affected employee’s seniority is greater than that of the least senior employee at issue, the affected employee meets the minimum qualifications for the position, and the performance expectations for the affected employee’s current position have been met. (Note: When performance standards for every position in the bargaining unit have been developed, the word “expectations” in the preceding sentence shall applybe replaced with the word “standards.”) B. Support staff members shall be recalled in reverse order of layoff for any open position within the classification in which the layoff occurred. 1. Reductions Laid off support staff members 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 eligible for recall for 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. fifteen (115) 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 month period following their final 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 areaemployment. 2. The names Support staff members shall be responsible for notifying the Superintendent, in writing, of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her their current address. All teachers are required to respond in writing Recall notices shall be mailed, certified, return receipt requested to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher address on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed file at the time of layoffSuperintendent’s office. 3. The parties agree that these procedures apply only Support staff members shall have twenty (20) calendar days to respond to any recall notice. Failure to accept recall shall terminate the suspension of contracts support staff members’ rights under O.R.C. 3319.17 or for decrease of fundsthis article. 4. This article Support staff members who are recalled shall not require the Board to fill any vacancyretain previously accumulated benefits, nor shall it interfere with any other lawful personnel procedures in the districtincluding seniority and sick leave.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. If Section 1: The Employer will provide the Board determines it is necessary Union with information regarding projected reduction-in-force (RIF) actions that will adversely affect Employees within five workdays of the receipt of such information. Such information will include copies of letters or messages from higher levels and Unit Xxxxxxx Document (UMD) changes. Copies of retention registers, notices and personnel actions used to make job offers or place Employees under RIF procedures will be provided to the Union upon request in writing through the civilian personnel office to AFPC. In the event of a RIF, vacancies will be used to the maximum extent possible to place Employees in continuing positions in order to minimize the impact on Employees and reduce the number of bargaining unit positions under O.R.C. §3319.17 or demotions and separations. Management will make every effort to freeze open slots for decrease in funds, a pending RIF to place the following procedures shall applyEmployees that are affected by the RIF. 1. Reductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. Those contracts Section 2: The Employer will brief all Employees to be suspended issued RIF notices on general RIF procedures in the presence of a Union representative. The Employer will be chosen as follows: a. All members of the bargaining unit will be placed on available to individually counsel all Employees adversely affected by 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 listRIF action and if requested, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of senioritywith a Union representative present. b. Seniority Section 3: Employees adversely affected by a RIF action will be defined as have access to review their EOPF and other records pertaining to the length of continuous service as a certified employee under regular contract in this districtaction, including governing directives, upon written request through civilian personnel office to AFPC. (1) Board approved leaves of absence Section 4: The Employer 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 give all Employees and their representatives 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 least 60 days specific written notice prior 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 action. Section 5: In order to avoid the separation of Employees under RIF procedures, the Employer will consider waiving qualification standards, as provided in governing regulations, to place Employees in vacant positions. Within available resources, the Employer will provide training or work assignments during the notice period if such assignments will qualify the Employee for assignment under RIF procedures to a vacant position. Section 6: Employees given written notification of a proposed reduction-in-force action may be placed on excused for a recall list for eighteen (18) months from the date reasonable amount of the reduction. Teachers on the recall list will have the following rightstime without charge to leave for: a. Teachers on Participating in placement interviews within the recall list will be recalled in order of seniority for vacancies in areas for which they are certificatedlocal commuting area. b. If a vacancy occurs, Receiving assistance from the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, Family Support Center and/or preparing and revising resumes or who declines to accept the position, will forfeit all recall rightsjob applications. c. A teacher on the recall list willReviewing job bulletins, upon acceptance of the notification to resume active employment statusannouncements, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffetc. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Labor Management Agreement

REDUCTION IN FORCE. If It is within the discretion of the Board determines it is necessary of Education to reduce the number educational program, curriculum, and staff whenever economic necessity or enrollment dictates. The Board of bargaining unit positions under O.R.C. §3319.17 or for Education will give reasonable consideration to the size of the decrease in fundsenrollment or revenue when reducing staff in accordance with this Article. In order to promote an orderly reduction of professional personnel when there is a loss of enrollment or revenue or programs are curtailed, the following procedures shall applybe followed: 9.1 The Board of Education will approve a reduction in force and approve the positions subject to the reduction. 1. Reductions 9.2 The Association shall be made by the suspending notified through an in-house memo within two working days of contracts based upon the Superintendent's recommendation. Those contracts Board action regarding anticipated reductions in professional staff. 9.3 Written notice shall be given to employees whose contract is not going to be suspended renewed due to a reduction in staff in accordance with the provisions of SDCL 13-43. 9.4 In determining which employees will be chosen as follows: a. All members released due to a reduction in force, consideration shall first be given based on seniority. Seniority may be set aside based on consideration 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. (following factors: 1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. qualifications (including highly qualified status); 2) If two or more teachers certification (certification to teach a subject area is not equivalent to an employee’s qualifications and experience) 3) academic preparation; 4) performance evaluations (including any plans of improvement 9.5 An employee who is reduced shall have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken 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 right to displace a teacher who holds a lower any less senior employee position on a seniority list for another area of certification, provided he/she is certificated qualified for, and certified to perform, following the below stated procedures: A. Verbal notification by the Superintendent to reduced personnel will be given, followed by a written notification. B. The reduced employee will be allowed to give general input to the Superintendent to include but not be limited to: 1. Desire to remain employed in that second areaschool district. 2. Location (school) that is desired, if possible. 3. Subject and/or grade level preferences. C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from Superintendent, with the date help of the reduction. Teachers on appropriate administrators, shall prepare a list stating all the recall list will have position(s) the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding reduced personnel will be given the vacant position. Any teacher who fails option(s) to take, based (when possible) on the reduced employee’s input (as described in B), the certification and qualifications of the reduced employee. D. The reduced employee will then have two working days to respond within ten (10) calendar daysto acceptance or non- acceptance of the proposed position(s). The response will be to: accept one of the positions on the list, initiate the grievance process, or who declines to accept the position, will forfeit all recall rightsRIF. c. A teacher on E. The process begins again, if necessary, until the recall list willleast seniority held position is replaced, upon acceptance of following the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffabove mentioned steps. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. If A. Reduction in Force (RIF) may be necessary because of decreased enrollment of pupils in the Board determines it District, changes in curriculum, changes in the use of personnel, lack of funds, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the district or for any other similar reason. This Article applies to supplemental contracts as well as regular contracts provided that there shall be no right of recall to a supplemental contract beyond the school year in which the contract is necessary suspended. For purposes of this Article, decreased enrollment of pupils shall include consideration of subject-area enrollment as well as district-wide enrollment. Decreased enrollment of pupils shall also take into account declining enrollment over the five year period immediately preceding the RIF, and thus is not limited to reduce declining enrollment in the current or previous year. B. Where known and where possible, the number of bargaining unit persons affected by a RIF will be kept to a minimum insofar as is practicable by not replacing members who retire or resign. C. Except as provided in Section D below, reductions may be achieved only by suspension of contracts in accordance with Section 3319.17. X. Xxxxxxxxx created by members who retire, resign, are on leave of absence, or whose limited contracts are not renewed under Article XXII, when such vacancies are not filled, do not constitute a reduction-in-force. E. In suspending contracts within the areas of certification or specialties affected, preference shall be given to members on continuing contracts. The Superintendent or his/her designee shall determine the specific areas of certification and the specialties, as well as the specific positions under O.R.C. §3319.17 or for decrease in fundsand/or work locations to be affected by the reduction-in-force. F. Members on limited contracts shall be reduced first, utilizing the following procedures shall apply.order: 1. Reductions shall Licensure/Certification; 2. Competency as determined by formal evaluation; 3. When evaluations are comparable, reductions will 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 reverse order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also seniority (i.e. lowest 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 byfirst reduced). G. If further reductions are needed, members on continuing contracts shall be reduced utilizing the following order: a) The date of the board meeting at which the teacher was hired, and then by1. Licensure/Certification; b) The date the teacher signed his/her initial employment contract in the district, and then by2. Competency as determined by formal evaluation; c) Any remaining ties will be broken by lot. c. Recommended 3. When evaluations are comparable, reductions in a teaching field will be made based on reverse order of seniority (i.e. lowest in seniority will be first reduced). H. All most recent evaluations resulting in a final summative rating of developing, skilled, or accomplished shall be comparable for the duration of this contract. I. Seniority shall be determined by selecting the person lowest placing all members on the seniority list for that lists within their area or areas 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 giving preference, within each area of certification, first to members on continuing contracts, then to professionally or permanently certificated members on limited contracts, and finally to limited contract members with temporary or one-year vocational certification. Such seniority lists shall be revised at least annually, and no later than November 1 of each year; and a copy of each revision shall be provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from to the date president of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office Association within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.thirty

Appears in 1 contract

Samples: Negotiated Agreement

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REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number A. A reduction in force of bargaining unit positions under O.R.C. §3319.17 or for decrease employees normally may occur in funds, the following procedures shall apply.situations such as: 1. Reductions shall be made Decrease in student enrollment or reduced student demand for or participation in programs or activities; 2. Decrease in revenue: a. because of decrease of student enrollment; b. because of loss or reduction of tax revenues; c. because of reduction of state, local, or federal financial support; or d. because of inflation reducing the value of revenues received or significantly increasing costs of operation; 3. Change in the educational program of the District; 4. Consolidation or de-consolidation involving the District; 5. Court orders; 6. Orders of the Secretary of Education; 7. Legislative mandates; 8. Unanticipated financial emergencies identified by the suspending Superintendent which warrant initiation of contracts based upon a RIF process. B. In the Superintendent's recommendation. Those contracts event the Superintendent deems it necessary to be suspended initiate a reduction in force (RIF) that will be chosen affect bargaining unit employees, the Superintendent will develop a plan and proceed as follows: a. All members 1. The Superintendent shall determine the number of positions to be affected by 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 areaRIF. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from Prior to initiating the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursRIF, the Board Superintendent will send certified announcements attempt to absorb the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffnecessary reductions through attrition and/or transfers. 3. The parties agree expected date of the RIF will be determined. 4. The Superintendent will identify the options that these procedures apply only have been considered to preserve academic programs. 5. The Superintendent will request volunteers for separation of employment. 6. If attrition does not meet the necessary reductions, the following will be applied in implementation of the RIF: a. Qualifications, licensure, endorsements, and certifications of staff members to accomplish the District’s mission; b. Overall teaching experience and evaluations; c. Academic trainings and ability; d. All other things being equal, seniority. C. The Superintendent will provide a copy of the plan to the suspension Association President. X. XXXXXX: For a period of contracts under O.R.C. 3319.17 or one (1) year after the effective date of the RIF, the Superintendent shall offer a recall if any position becomes available for decrease which such employee is licensed and qualified. The recall shall be offered in reverse order of fundslayoff. This article shall not require Employees desiring recall rights must maintain proper notification/address information with the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtDistrict.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. In the event of a reduction in force, probationary employees in the classification to be reduced will be laid off first, in any order, provided the employees with seniority can capably perform the available work. 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 fundsadditional reductions are required, the following procedures shall apply. 1. Reductions seniority employees shall be made by displaced from the suspending of contracts based upon the Superintendent's recommendation. Those contracts classifications to be suspended will be chosen as follows: a. All members reduced, least senior first, provided the remaining employees are able to capably perform the available work. A seniority employee who has been displaced may exercise his seniority to displace an employee in the next lowest rank where such displacing employee has more seniority than the least senior employee in such lower rank, provided the displacing employee previously held that position and possesses the required training and certification(s) to perform the duties of the position. Employees who do not have the requisite seniority to displace another employee in the bargaining unit will shall be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will 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 laid off 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 transferred to a position in another bargaining unit in which they have seniority and a right of return. Transfers to positions in another bargaining unit shall be subject to the terms and conditions of that teaching fieldunit’s collective bargaining agreement. A teacher so affected may elect Employees to displace a teacher who holds a lower position on a seniority list be displaced and/or laid off for another area an indefinite period of certification, provided he/she is certificated in that second area. 2time will have at least seven (7) calendar day’s notice of said action. The names of teachers whose contracts are suspended in Association shall receive a reduction in force will be placed on a recall list for eighteen (18) months from the date Employer of the reduction. Teachers employees being displaced and/or laid off on the recall list will have same date the following rights: a. Teachers on notices are issued to the recall list employees. When the work force is to be increased after a layoff, employees will be recalled in order according to seniority, most senior first, provided the employees with the greatest seniority can capably perform the available work. If the position still exists, an employee shall be returned to his prior classification when such position is again vacant. Notice of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursrecall may be by telephone, the Board will send confirmed by certified announcements mail to the employee's last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required Upon request, employees will be granted up 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 days to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoffwork. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. If ‌ (a) The Employer has the Board determines it is necessary right to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsforce, i.e., to conduct layoffs. The term, “reduce the following procedures shall apply. 1. Reductions force” as used herein, shall be made by construed as synonymous with layoff for economic reasons and/or “staff reductions.” (b) The Publisher shall give the suspending Guild at least three weeks prior notice of contracts based upon any layoff. The notice shall be in writing and shall include 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 districtjob classifications affected. (1c) Board approved leaves When deciding on layoffs, the Employer shall be able to designate, but is not required to designate, up to 12% (rounded to the next whole number) of absence the employees affected, to be exempt from layoff. The employees remaining must be able to perform the essential elements of the job. Job classification seniority shall be determined on the basis of the last continuous employment by the Employer regardless of any change in job classification. After designating such employees, any further layoffs will not interrupt seniority but time spent be based on such leave shall not count toward seniority. (d) Seniority shall be considered broken by (1) discharge for just and sufficient cause, (2) If two resignation or more teachers have retirement, (3) twelve (12) consecutive months of layoff or (4) refusal to accept an offer of rehire. Any issues relating to seniority for purposes of lay off shall be subject to the same length grievance and arbitration provisions of continuous servicethis Agreement. (e) In its sole discretion the employer may exercise its rights to offer employees in the affected job classifications a voluntary buyout opportunity, seniority the terms of which will be determined by: a) The negotiated with the union. In the event that the parties have not reached an agreement on the terms of the buyout opportunity, by the proposed date of the board meeting at which layoff, the teacher was hiredEmployer’s last offer will prevail and be effective. (f) A full time employee who has been dismissed to reduce the force, and then by; beither under section (a) The date the teacher signed his/her initial employment contract in the district, and then by; or section (c) Any remaining ties above, will be broken by lot. c. Recommended reductions in eligible to receive severance pay calculated as follows: two weeks of base pay for the first year of employment, plus an additional one week of base pay per year of service or major portion thereof (i.e., 6 plus months rounds up to one year) per year of employment, with a teaching field will be made by selecting maximum payment of twelve weeks of severance. For existing employees as of the person lowest ratification of this agreement on the seniority list for that area May 31, 2024 with more than 12 years 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 continuous years of service or major portion thereof on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list ratification, severance will be recalled one week for the first year and one week for each additional year, to a maximum of 21 weeks. Years of employment for purposes of severance pay shall be those years of continuous, uninterrupted employment in order a workplace prior to and since acquisition by the Employer. Severance pay will be paid as a one-time-only, lump sum payment, less applicable withholdings and deductions. Payment of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursseverance is contingent upon the employee signing, and not revoking, the Board will send certified announcements Employer’s separation agreement and general release (g) Dismissals to reduce the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will force may be given the vacant position. Any teacher who fails to respond within ten (10) calendar daysgrieved, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article but shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the districtbe arbitrable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 8.01 Reductions in force (RIF) will be governed by R.C. 3319.17 as it is amended from time to time, which as of May 30, 2012 provides as follows: When for any of the legal reasons allowable, including but not limited to decreased enrollment of pupils in the District or financial problems affecting the District reasons, the Board determines decides that it is will be necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsemployees it employs, it may make reasonable reductions. In making any such reduction, the following procedures Board shall apply. 1. Reductions shall be made by proceed to suspend contracts in accordance with the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members recommendation of the bargaining unit will be placed on a seniority list for Superintendent who shall, within each teaching field affected, give preference to employees on continuing contracts. The board shall not give preference to any employee based solely on seniority, except when making a decision between employees who have comparable evaluations. On a case-by-case basis, in lieu of suspending a contract in whole, the Board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the Contract and receive a commensurate percentage of the full compensation the employee otherwise would receive under the Contract. The employees whose continuing contracts are suspended by the Board pursuant to this Section shall have the right of restoration to continue service status by the Board if and when teaching positions become vacant or are created for which they any of such employees are properly certificated/licensedor become qualified. Teachers serving under No employee whose continuing contracts will be placed at contract has been suspended pursuant to this Section shall lose that right of restoration to continue service status by reason of having declined recall to a position that is less than full-time or, if the top employee was not employed full-time just prior to suspension of the listemployee’s continuing contract, to a position requiring a lesser percentage of full-time employment than the position the employee last held while employed in descending order of senioritythe District. Teachers serving limited contracts will Seniority shall not be placed on the list under continuing contract teachersa basis for rehiring a employee, also in descending order of seniorityexcept when making a decision between employees who have comparable evaluations. b. Seniority will be defined as 8.02 In the length Adult Education Program, the Board may reduce the number of continuous service as a certified employee under regular contract teachers it employs because of financial reasons, low pupil enrollment or decreased enrollment of pupils. Notwithstanding the time limits of this Section, notification of reduction in this district. (1) Board approved leaves of absence will force for Adult Education employees shall occur not interrupt seniority but time spent on such leave shall not count toward seniority. later than two (2) If two or more teachers have weeks prior to the same length of continuous service, seniority will be determined by: a) The date beginning of the board meeting at which the teacher was hiredclass, 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 lotactual layoff may occur any time thereafter. c. Recommended reductions in 8.03 When a teaching field RIF situation is imminent, the Superintendent will be made by selecting notify the person lowest on Association President so the seniority list for that area of certification who is currently assigned Association has the opportunity to a position in that teaching field. A teacher so affected may elect make suggestions to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second areathe Superintendent and the Board about possible alternatives. 2. The names 8.04 After an employee is notified of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occursRIF, the Board Superintendent will send certified announcements to notify the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsAssociation President. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 19.1 The School District retains the Board determines it right to determine when a reduction in force/layoff is necessary to reduce necessary, the number of bargaining unit positions under O.R.C. §3319.17 or for decrease individuals who must be reduced/laid off, and the areas within which such reductions in fundsforce will occur. When a reduction in force is necessary, the following District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures shall applyto follow. 1. Reductions shall be made 19.2 Subject to the determination in 19.1 above, the parties agree to the following: 19.2.1 First, administrators who volunteer to leave (terminate) from the area(s) affected by the suspending of contracts based upon reduction in force will be the Superintendent's recommendation. Those contracts first to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving 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 seniorityseparated. 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 service19.2.2 Second, 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 administrators 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 become involved in a reduction in force procedure will be placed on assigned to the next equivalent administrative position that becomes vacant, in accordance with their certification and qualifications. In regards to salary, equivalent administrative position shall mean a recall list for eighteen (18) months from position at the date of the reduction. Teachers same column on the recall list Administrative Salary Schedule, or the same daily rate as the member’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the administrator’s current position. For example, an administrator in a full-time position will have be assigned to a vacant full-time position, and an administrator in a half time position will be assigned to a vacant half time position. Administrators who are working in non-principal positions are not eligible to be assigned to principal positions, unless the administrators previously worked as a principal in WCSD. 19.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of administrators shall be determined by using the following rights: a. Teachers on criteria in rank order listed. Administrators are only eligible to bump administrators at the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, same or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status lower column and with the same seniorityor lower full-time equivalency. Administrators in non-principal positions are not eligible to bump into principal positions, accumulation unless the administrator previously worked as a principal in WCSD. Each administrator must be categorized into one or more positions for which the administrator is qualified to hold, applying the following criteria to those administrators on the most recent “Seniority Year List”: 1. State License certification, subject area endorsement and highly qualified status as defined by the NCLB; 2. Criminal records consisting of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff.gross misdemeanor convictions; 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of fundsSeniority – includes - National Administrative Board Certification; 4. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures Performance evaluations as defined below in the district.“groupings” as described below;

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 9.01 If the Board determines it daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is necessary to reduce no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the employee that is within the bargaining unit. 9.02 When in the event of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is required, 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 people affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed kept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in 9.04 below. 9.04 All openings, including vacancies resulting from 9.02 above, shall be announced and open for bids by all eligible employees as provided by this Agreement. Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on a recall list for eighteen (18) months from the date of the reduction. Teachers their temporary assigned positions or on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas any other existing openings for which they are certificatedqualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. b. If a vacancy occurs9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, the Board will send certified announcements Child Nutrition Vended. 9.06 The following classifications shall be assigned to the last known address of all teachers on the recall list who are qualified according to these provisionsspecified series listed above: 9.0601 Child Nutrition Production 1. It is the teacher's responsibility to keep the Board informed of his/her current addressProduction Kitchen Manager 2. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. Cafeteria Cook 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.Food Production Assistant/Food Handler

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If 647 The Employer will provide the Board determines it employee and Union with sixty (60) days written notice of decisions to permanently layoff full time, and part time employees. A permanent layoff is necessary defined as a reduction in force of more than thirty (30) days. Prior to reduce implementation of layoffs, the number Employer will meet with the Union to identify positions to be eliminated, the seniority of affected employee(s), present and proposed work schedules, and date(s) of layoffs. Additionally, the parties agree to meet and discuss alternatives to layoffs that will minimize the impact on employee(s). Such discussions may include consideration of hiring freezes, early retirement for eligible employees, leaves of absence, reduction of hours, transfers to other departments/facilities, reduction in utilization of contract or temporary employee(s), and/or other alternatives that meet management established operational objectives prior to the designated date(s) of layoff. Any agreement or alternatives to layoff prior to the designated date(s) of layoff shall be in writing and enforceable under the terms of this Agreement. 648 The parties recognize that reductions in force are extremely serious matters and that even well intentioned procedures may result in unintended applications. Therefore, the parties agree to communicate and meet during any application of the procedures to ensure its correct application to employees. Nothing contained herein shall prevent the parties from mutually agreeing to modify the procedure in a specific reduction in force application should the need arise. 649 Reduction in force shall be accomplished by bargaining unit seniority within job classification, department and Medical Center. 650 The parties agree to review all open bargaining unit positions under O.R.C. §3319.17 or for decrease and agree to place the affected employee 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 an available open position for which they are properly certificated/licensedqualified. Teachers serving under continuing contracts The Union will waive posting and seniority for purposes of such displacement. Should the affected employee decline such placement in a position for which they are qualified; the employee shall be laid off. 651 If the affected employee is not placed as above, such employee will be placed at eligible to exercise displacement rights. Displacement rights shall occur according to bargaining unit seniority within the top job classification, department and Medical Center. The displacing employee must have the qualifications to perform the work of the listdisplaced employee. 652 If a vacant position of the same status does not exist to permit placement of a displaced employee, in descending order of senioritythe affected employee may displace a less senior employee within their status, provided they are qualified for said position. Teachers serving limited contracts will If the affected employee is the least senior full-time employee, they may displace the less senior part-time employee. 653 Registry, temporary and per diem employees shall be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract laid off in this district. (1) Board approved leaves of absence will not interrupt seniority but order before regular part-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 full-time employees are laid off. 654 Employees impacted by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed offered the ability to elect a voluntary layoff at any step in the reduction in force process. In the event an employee does not select a vacant position or elect to displace a less senior employee, they may elect voluntary lay off. In this case, recall provisions will apply. 655 An employee holding recall rights will have the first right of recall to the job classification within the Medical Center from which displaced. An employee on layoff status or whose status was changed as a recall list result of a reduction in hours shall have rights for eighteen twelve (1812) months from the date of the layoff/status reduction. Teachers on An employee who has recall rights and who declines an offer for a comparable position (full-time to full-time/part-time to part-time) or who voluntarily transfers to another position will be removed from the recall list will have list. 656 Employees on layoff status with active recall rights may submit a Transfer Request to any job vacancy within the following rights: a. Teachers on the recall list will be recalled in order of seniority Service Area and if otherwise qualified for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will be preferred over outside applicants. 657 An employee who changes Medical Centers by application of this provision will forfeit all recall rightsrights to said employee’s former Medical Center. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Labor Management Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 9.01 If the Board determines it daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is necessary to reduce no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the employee that is within the bargaining unit. 9.02 When in the event of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is required, 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 people affected by the suspending of contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed kept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in 9.04 below. 9.04 All openings, including vacancies resulting from 9.02 above, shall be announced and open for bids by all eligible employees as provided by this Agreement. Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on a recall list for eighteen (18) months from the date of the reduction. Teachers their temporary assigned positions or on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas any other existing openings for which they are certificatedqualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. b. If a vacancy occurs9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, the Board will send certified announcements Child Nutrition Vended. 9.06 The following classifications shall be assigned to the last known address of all teachers on the recall list who are qualified according to these provisionsspecified series listed above: 9.0601 Child Nutrition Production 1. It is the teacher's responsibility to keep the Board informed of his/her current addressProduction Kitchen Manager 2. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff.Cafeteria Cook 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of fundsFood Production Assistant 4. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.Child Nutrition Assistant

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board District, in its discretion determines it is necessary to reduce that a reduction in the number of bargaining unit positions under O.R.C. §3319.17 contracts offered to classified employees is necessary because of discontinuance or for decrease substantial reduction of a particular service or program, decreased student enrollments in fundsthe District, because of school consolidations, or because of the shortage of anticipated revenue after the budget has been adopted, the following procedures shall apply.procedure will be observed: 1. Reductions shall Shared Governance Committee‌ A shared governance committee consisting of equal membership from the Association and the Administration will make determinations based on the results of employee performance evaluations and personnel needs. The shared governance committee will also recommend which employees will be made re- employed within the employee’s job classification if a re-employment occurs because of restoring force that had previously been reduced. If an employee is offered re-employment within their job classification and fails to respond by refusing the position, the employee will not be considered by the suspending shared governance committee again. If the committee cannot come to an agreement, the areas of contracts based upon the Superintendent's recommendation. Those contracts to be suspended disagreement will be chosen as follows: a. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority. b. Seniority will be defined as the length of continuous service as a certified employee under regular contract in this district. (1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have the same length of continuous service, seniority will be determined by: a) The date of the board meeting at which the teacher was hired, and then by; b) The date the teacher signed his/her initial employment contract in the district, and then by; c) Any remaining ties will be broken by lot. c. Recommended reductions in a teaching field will be made by selecting the person lowest on the seniority list for that area of certification who is currently assigned to a position in that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers on the recall list will have the following rights: a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond submitted in writing to the district office within ten (10) calendar daysSuperintendent and from this document a review of the recommended reduction in force shall be conducted and adjudicated by the Superintendent of Schools. This decision is subject to appeal to the Board of Education. The most senior committee shall be empowered to make decisions upon the call of those responding will be given the vacant positioncommittee and cannot delay such decisions beyond necessary committee meetings. Any teacher contracted employee who fails to respond within ten is terminated for reduction-in-force shall be paid fifteen percent (1015%) calendar days, or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of their accumulated sick leave, and salary schedule placement as he/she enjoyed leave at the time of layoffsaid termination. Employees to be terminated shall be given fifteen (15) workdays written notice. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. If the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in fundsa reduction-in-force becomes necessary, the following procedures provisions will apply and will be completed within thirty (30) calendar days from the start of the choice process: A. UMMS will notify the Association and the initially affected nurses as soon as possible, but in no event less than two (2) weeks from the intended reduction-in-force and, within five (5) business days, the parties will confer relative to the use of alternative procedures. If no alternative procedure is agreed upon, the reduction-in-force will proceed upon as set forth below. Notice shall applybe sent to the Association and the affected RNs by certified mail and to the RN’s address as it appears in UMMS' personnel records. Vacancies will be frozen as of the date of notification. 1. Reductions B. A reduction-in-force shall be made by defined as a UMMS-initiated reduction in an RNs committed scheduled hours or separation of an RN from employment, other than suspension or discharge under this agreement. A reduction-in-force shall also include a reassignment that results directly from a closure, relocation, integration of a unit or elimination of a position. C. The RN with the suspending of contracts based upon least seniority, as defined in Article XV, in the Superintendent's recommendation. Those contracts to be suspended unit and position in which the reduction is made, will be chosen laid off first. X. XXx who have completed their probationary period shall have bumping rights as described below, provided that an RN may bump only an RN with less seniority. An RN will be educated and oriented to perform the functions of the position with an orientation customary to the unit. E. Bumping will occur as follows: a. All 1) There shall be a RIF Notice sent by UMMS to all members of the bargaining unit. Bargaining unit members within the affected unit may apply for voluntary layoff with severance, or voluntarily reduce committed hours up to the number of affected staff. 2) Preference will be placed on given to RIF nurses for vacancies that have not been filled at the time written notification is given to the MNA of a RIF and any posting occurring during the notice period prior to the RIF. If a nurse is actually working in the new position, then RIF’d nurses will not be given preference for these positions. 3) An updated vacancy list will be provided to the Union by UMMS, as well as an updated RIF list by seniority. UMMS shall also provide an updated seniority list for to the Union by unit, shift, hours and a master seniority list of all bargaining units from most senior person to least. 4) UMMS will notify each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top affected nurse, in writing, of the listfollowing options: • Layoff with bumping rights; • Choose a vacancy; • Accept a layoff. An RN who receives an initial layoff notice shall have the option to fill available vacancies, in descending order or may displace (bump) any less senior RN (any unit, any shift, and any hours). In making a decision to displace a less senior RN, the RN shall meet jointly with a representative of senioritymanagement and a representative of the MNA to discuss the competencies necessary for the position he/she seeks to fill. Teachers serving limited contracts The parties agree that all decisions to bump must be made consistent with maintaining high quality patient care and the ability of the unit to provide appropriate orientation to the incoming RN. The displaced RN will then be placed on the layoff list under continuing contract teachers, also in descending order of seniority (most senior first). The impacted RN must exercise rights pursuant to this article, and nothing herein will limit a RNs' rights stated in this article. If that nurse bumps, then the nurse who is displaced by bumping shall be placed on the master seniority list by seniority. Per Diem staff may be used during the affected notice period in the unit where the RIF has occurred. b. Seniority will 5) Each RN must be defined available during the bumping process or may appoint a designee to make decisions for the affected RN prior to being unavailable. If the RN or designee is unavailable at the time the RN is required to make a decision, then the RN forfeits her/his position on the bumping list and upon returning may take the next available position on the bumping list but may not bump any RN who proceeded her/his selection. X. Xx RN who chooses not to exercise bumping rights and to take a layoff may apply for unemployment compensation in the same manner as the length of continuous service any RN who loses their position as a certified employee under regular contract in this districtresult of a reduction-in-force. X. Xx RN who is laid off shall be entitled to receive previously approved tuition reimbursement or waiver for course(s) taken at the time of separation. H. A recall list shall be established which will include any RN subject to RIF. Any RN past probation subject to RIF shall have recall rights for the next available position for one (1) Board approved leaves of absence year following the RIF. After six (6) months internal postings for vacant positions will not interrupt seniority but time spent on such leave shall not count toward seniority. (2) If two or more teachers have be posted at the same length of continuous service, seniority will be determined by: a) The date of time as 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 letter for that area of certification who recall 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 certificationsent, provided he/she is certificated in that second area. 2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for eighteen (18) months from the date of the reduction. Teachers RNs past probation on the recall list will have the following rights: a. Teachers on the recall list will preference for all vacancies. Recall shall be recalled accomplished in reverse order of seniority for vacancies in areas for which they are certificated. b. If a vacancy occurs, the Board will send RIF by certified announcements mail to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing Recall notices shall be sent to the district office Association. A nurse who receives such notification must accept the position within ten five (105) calendar days. The most senior School shall mail the notification to the RN requiring her/his personal signature on the certification notice. RNs whose hours are reduced on a non-voluntary basis during a RIF shall have preference for any and all additional hours available in or added to their particular unit up to the equivalent of those responding will be given their original position for one (1) full year after the vacant positionimplementation of the RIF. Any teacher RN displaced from a position which again becomes available prior to one full year after the implementation of the RIF shall have preference for said position. I. Nurses who fails are laid off shall receive severance in accordance with the following schedule: Less than five (5) years – Four (4) weeks Five (5) to respond within ten nine (9) years – Six (6) weeks Ten (10) calendar days, to fourteen (14) years – Eight (8) weeks Fifteen (15) or who declines to accept the position, will forfeit all recall rights. c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff. 3. The parties agree that these procedures apply only to the suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the district.more years – Ten (10) weeks

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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