REDUCTION IN FORCE. When the Board of Education determines it necessary to reduce the number of certified 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows: a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6 b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations. c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by: 1. The date of the Board meeting at which the bargaining unit member was hired, and then by; 2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot. 3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights: 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 c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights. d). A 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 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.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. When If the Board of Education determines it necessary to reduce the number of certified staff positionsbargaining unit positions under O.R.C. 3319.17, 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.
B. To the extent possible, the number of bargaining unit members 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 not non-renewed for reasons other than reduction in forcedue to unsatisfactory performance. Attrition It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available covered by attrition will shall be made by suspending or non-renewing contractscontracts based upon the Superintendent's recommendation. Those contracts to be suspended or non-renewed will be chosen as follows:
a)1. All teachers in members of the bargaining unit will be placed on a seniority lists in list for each teaching field for which they are properly certificated. This list Teachers serving under continuing contracts will be provided to placed at the Association President top of the list, in accordance with Article I, B6
b)descending order of seniority. Reductions in any area of certification Then those serving under limited contracts will be made from the bottom listed in descending order of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/licenseseniority.
2. Seniority rights for will be defined as the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial service as a certificated employee under regular 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All bargaining unit members are required to respond in writing to the this district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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 benefitsmember.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. When If the Board of Education determines it necessary to reduce the number of certified staff positionsbargaining unit positions under O.R.C. 3319.17 or for financial reasons, the following procedures shall apply:
1. To the extent possibleA. Prior to proceeding with an anticipated staff reduction, the number Association president shall be notified by the superintendent of bargaining unit members affected by 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 force will staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be minimized by not employing replacements for 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 who retirewhich shall be based on certificate/license, resignOTES final summative rating, or whose limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductionsand seniority.
2. B. Reductions needed beyond those available by attrition will shall be made by suspending or non-renewing contractscontracts based upon the superintendent's recommendation. Those contracts to be suspended or non-renewed 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 teachers in members of the bargaining unit will be placed on a seniority lists in list for each teaching field for which they are properly certificated. This list Teachers serving under continuing contracts will be provided to placed at the Association President top of the list, in accordance with Article I, B6descending order of seniority.
b)3. Reductions in any area of certification Seniority will be made from defined as the bottom length of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace continuous service as a less senior bargaining unit member certificated employee under regular contract in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluationsthis district.
c). a. Board approved leaves of absence will not interrupt seniority, but time spent on such a leave shall not count toward seniority.
b. If two (2) or more bargaining unit members teachers have the same length of continuous service, seniority will be determined by:
1. The : - the date of the Board meeting at which the bargaining unit member teacher was hired, and then by;
2. The by - the date the bargaining unit member teacher signed his his/her 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 (c), they then; - any remaining ties will be broken by lot.
34. Recommended reductions in a teaching field will be made by selecting the lowest person 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. Any such election must be made at the time the teacher is notified he/she will be affected.
5. 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 bargaining unit members teachers whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 eighteen (18) months from the date of the reductioncontract suspension. Bargaining unit members Teachers on the recall list will have the following rights:
a)1. No new teachers will be employed by the Board while there are bargaining unit members teachers on the recall list who are certificated/licensed certificated for the vacancy;.
b)2. Bargaining unit members Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated/licensed.
c)3. If a vacancy occurs, the Board will send a certified letter by US mail announcement to the last known address of all bargaining unit members 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 current address. All bargaining unit members 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 bargaining unit member teacher who fails to respond within ten seven (107) calendar days, or who declines to accept the position, will forfeit all recall rights.
d)4. A bargaining unit member 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 enjoyed at the time of layoff.
5. Where group insurance policies permitEvery possible effort will be made to recall all properly certificated employees as positions become available within eighteen (18) months.
6. Recognition of additional certification, a bargaining unit member 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 recall list who is unemployed and does 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 3319.17 or for financial reasons. This Article shall not otherwise have group coverage available may continue require the Board of Education to participate fill any vacancy, nor shall it interfere with any other lawful personnel procedures in those benefits which are provided to teachers in active employment provided the teacher pays the group rates for such benefitsdistrict.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. When 26-1 The School District retains the Board of Education determines it necessary right to reduce the number of certified staff positions, the following procedures shall apply:
1. To the extent possibledetermine when a reduction in force/layoff is necessary, the number of bargaining individuals who must be reduced in force, and the positions within a division or unit members 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 in Article 19 of the current Agreement.
26-2 Subject to the determinations in 26-1 above, the School District agrees to the following:
26-2-1 Administrators who volunteer to leave from the positions within a division or unit affected by a the reduction in force will be minimized by the first to be reduced in force.
26-2-2 If the necessary reductions cannot employing replacements for employees be made through attrition and/or resignation, then administrators who retire, resign, or whose limited contracts are not renewed for reasons other than reduction have been twice rated as unsatisfactory within the last two (2) successive contract years will next be reduced in force. Attrition alone may If the necessary reductions cannot be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c)of administrators with two (2) unsatisfactory evaluations within the last two (2) successive contract years, then administrators who have received a disciplinary document within the last two (2) successive contract years which resulted in a suspension of five (5) days or more will be the next to be reduced in force. Administrators will be reduced in force based on the number of suspension days received in descending order. If two the necessary reductions cannot be made by reducing in force those administrators who have been twice rated as unsatisfactory or more bargaining unit members who have the same length of continuous servicereceived a disciplinary document or documents which resulted in a suspension or suspensions, seniority then administrators who have been determined to have abused their sick leave, will be determined by:
1the next to be reduced in force. The date An administrator’s abuse of the Board meeting at sick leave will be based on a review conducted by Employee-Management Relations and which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial contract resulted in the district;
3administrator being required to repay the School District for abusing sick leave. The date on which An administrator who is reduced in force under the bargaining unit member submitted the first completed job application within the two year period preceding the effective date provisions of the teacher's first teaching contract with the Board of Education, if the date is available;
426-2-2 will not be recalled to an administrative position. If any ties remain after (a), (b), and (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a 26-2-3 Any additional reduction in force will of an administrator shall be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have determined by using the following rightscriteria in rank order listed to designate the least senior administrator who will next be reduced in force:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. When 18.1 The District retains the Board of Education determines it necessary right to reduce the number of certified staff positions, the following procedures shall apply:
1. To the extent possibledetermine when a reduction in force/layoff is necessary, the number of bargaining unit members individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the 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 to follow. (2003)
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 reduction in force will be the first to be separated. (2003)
18.2.2 Second, an employee who 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 minimized by placed as close to his/her previous salary, not employing replacements for to exceed the top of the new range of the position. When there are more administrative employees who retirethan reappointment positions, resignthe criteria of 18.2.3 will apply. (2003) Employees who, or whose limited contracts are not renewed for reasons other than because of reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes.
2. Reductions needed beyond those available 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 attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers written notification (certified mail, return receipt requested) in the bargaining unit will be placed reverse order (greatest seniority to least seniority, based on seniority lists the criteria outlined in each teaching field for which they are certificated. This list will be 18.2.3) to their reduction, provided to that the Association President in accordance with Article Iemployee is currently certified, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights if required, and/or qualified for the purpose of reduction in force only exist after equivalent evaluations.
c)new position. If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts Employees who are suspended or non- renewed in a reduction in force will be placed on a recall list for up and who were working in non-Administrative positions are not eligible to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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 into Administrative positions, unless the employee previously worked as an employee in order of seniority for vacancies in areas for which they are certificated/licensed
c)the District. If a vacancy occurs, the Board will send a certified letter by US mail Recall notice shall be sent to the employee’s last known address of all bargaining unit members 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 current address. All bargaining unit members 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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.twenty
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. When 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 meeting at which it will take a vote to implement a RIF of bargaining unit positions. The notice shall also include a list of the positions which the Board intends to eliminate and the effective date of Education determines it necessary the RIF. Upon such notification, representatives of the Board and Association shall meet at least thirty (30) calendar days prior to reduce the number Board meeting to review the list of certified staff positions, positions affected. The Board will prepare the list of affected positions by taking steps in the following procedures shall applyorder on the basis of the information known at the time:
1. To the extent 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 number RIF is completed.
C. Reduction in force shall only be accomplished by the Board suspending contracts in areas of bargaining certification/licensure recommended by the Superintendent. Bargaining unit members affected by a the reduction in force will be minimized by not employing replacements for employees who retire, resign, or whose limited shall then have their contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article IORC Section 3319.17 based on their contract status, B6
b). Reductions comparable evaluation as defined in any area Section D of certification will be made from this Article, and seniority, within the bottom of the seniority list for that area affected areas of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more Those bargaining unit members have the same length of continuous service, seniority will serving under continuing contracts shall be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, given a preference over those serving under limited contracts and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall the seniority list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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 above those employees under limited contracts, in descending order of seniority for vacancies in areas for which they are certificatedeach area of certification/licensed
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightslicensure affected.
d). A 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 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.
Appears in 2 contracts
Sources: Master Agreement, Master 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 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 Board of Education 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 necessary to reduce the number of certified staff positionsemployees, the following procedures shall apply:
1. To Employer will identify 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
atargeted position(s). All teachers 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 based on an updated resume. The affected employee(s) may then elect to bump other employees with less seniority in the bargaining unit will be placed on seniority lists using the following procedure:
1) Bump the least senior employee in each teaching field the same O-NET job group and pay band for which they are certificatedthe 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. This list will be provided 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 Association President human resources manager, in accordance with Article Iwriting, B6
b). Reductions in any area of certification will be made from the bottom 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 list for that area of certification/licensure. A bargaining unit member affected may elect status to displace replace a less senior bargaining unit member employee unless that employee is also in another area a permanent part-time position. An employee in which he/she maintains a current certificate/licensefull-time position may not replace a less senior employee in a part-time position.
Section 3. Seniority rights 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 purpose preference/reinstatement period of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial contract in the district;
3. The date on which the bargaining unit member submitted the first completed job application within the two one calendar year period preceding 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 teacher's first teaching contract with leave at any time during the Board one-year reinstatement period or the State Employee Protection Act benefit period. At the end of Educationthe State Employee Protection Act benefit period, if provided the date is available;employee elected these benefits, the agency must cash out all leave balances and effectively terminate the employment relationship.
4Subsection 1. If any ties remain after (a), (b), and (c), they The most senior employee on layoff status who possesses the qualifications as discussed above will be broken by lot.
3offered open positions as they become available before less senior employees on layoff status. The names Any laid off employee who refuses a recall offer or offer of bargaining unit members whose contracts are suspended reinstatement to a position of the same or non- renewed in a higher classification than the position the employee held when laid off, will lose reduction in force rights to recall or reinstatement.
Subsection 2. The Employer will notify employees being recalled of available positions in 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 up considered to 24 months from have forfeited the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail employee’s right to the last known address of all bargaining unit members 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 the employee’s current address.
Subsection 3. All bargaining unit members 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member 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 the employee 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 sick leavemarket.
Subsection 1. Layoff shall not 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 salary schedule placement documentation. If an unsatisfactory employee is laid off without appropriate evaluation, review and documentation, the employee must be treated the same as 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 benefitsany other laid off employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. When A. During this Agreement, when the Board of Education determines that it will be necessary to reduce the number of certified staff 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 will be affected and which teachers will be laid off. The Superintendent will use the following procedures shall applycriteria in determining which teachers are to be laid off:
1. To the extent possible, the number of bargaining The Board may make any reductions in force first through staff retirement and voluntary resignations.
2. Bargaining unit members affected by will be placed in one (1) of three (3) groups for the purpose of a reduction in force, as described below. These groups will be called “Group One,” “Group Two,” and “Group Three.” Members within each Group will be deemed “comparable,” except that members under continuing contracts will be 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 minimized 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 not employing replacements 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 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 employees who retire, resign, or whose 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 contracts beginning with the least senior.
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 not renewed 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 reasons other than reduction 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 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 forcea RIF will be granted the following rights:
1. Attrition alone may not The right to be sufficient carried on payroll records and to accomplish necessary reductionsremain 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 hire and will begin to accrue as of the first day of the actual teaching position in the Delaware City Schools.
1. Seniority will continue to accrue during all paid leaves of absence and unpaid leaves of absence. Seniority is lost when service is otherwise discontinued.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed When seniority is equal, placement on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. a. The date of the Board meeting at which the bargaining unit member teacher was hired, and then by;.
2. b. The date the bargaining unit member teacher signed his the initial 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 employment contract with the Board Delaware City Schools.
c. The date and time the signed contract was received by the Superintendent’s office.
d. The first paid day of Education, if the date is available;teacher with the Delaware City Schools.
4. If any e. Any remaining ties remain after (a), (b), and (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force A district wide seniority list by assignment will be placed on posted in each building by 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 recall list for up to 24 months from the date copy of the reductionseniority list.
4. Bargaining unit members Teachers wishing to challenge their placement on the recall seniority list must do so in writing to the Superintendent or designee no later than the last school day of October. A final list will have be posted by the first day of December.
G. The following rightsprocedures will be used in the recall process: Recall:
a)1. No new If there is a vacancy, laid off teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for to perform the vacancy;work in question will be recalled in reverse order of layoff as per state requirements.
b)2. Bargaining unit members Notice of recall will be 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 to indicate acceptance or not. No acknowledgment of the notice within fifteen (15) days of the date it was mailed will be the same as refusal.
3. A teacher who is laid off will remain on the recall list will be recalled for thirty-six (36) months after the effective date of lay off unless:
a) recall rights are waived in order of seniority for vacancies in areas for which they are certificated/licensedwriting by the teacher
b) a resignation is offered by the teacher
c). If a vacancy occurs, ) the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who teacher fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsposition to which he/she has been recalled.
d). A 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 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.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 5.04.01 Reductions-in-force may be made in the 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 Board of Education determines it necessary to reduce the number of certified need for a staff positionsreduction is deemed necessary, the following procedures shall applybe followed:
1A. 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. To 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 possibleof the anticipated reduction, and the possible effects of said reduction.
B. Seniority will be defined as length of continuous service as a certificated employee under a regular full-time contract in the District.
C. Any reduction in employees will first be accomplished through attrition if possible to do so; i.e., the number of bargaining unit members persons affected by a reduction in force staff will be minimized kept to a minimum by not employing replacements for employees who retire, resign, retire or whose limited contracts resign or by not replacing employees who are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article Ithe provisions of 5.01 above.
D. If further reductions are necessary, B6
b). Reductions the Board shall proceed to suspend contracts in any area of certification will be made from accordance with the bottom recommendation of the seniority list for that area Superintendent of certification/licensure. A bargaining unit member affected may elect Schools who shall recommend suspensions of contracts in a teaching field by giving preference to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1teachers on continuing contracts. The date personnel records and all future references of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members employees whose contracts are suspended or non- renewed 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 up those employees whose limited contracts were suspended shall continue through the next three (3) full school years. Restoration rights for those employees with continuing contracts shall continue until the employee is returned to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:a teaching position.
a)1. No new teachers employees will be employed by the Board while there are bargaining unit members employees on the recall list who are certificated/licensed certified for the vacancy;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 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.
b)2. Bargaining unit members Employees on the recall list will be recalled in the order of seniority layoff for vacancies in the areas for which they are certificated/licensedcertified.
c)3. If a vacancy occurs, the Board will send mail, Certified Mail, return receipt requested, or deliver a certified letter by US mail to the last known address of all bargaining unit members 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 his/her current address. All bargaining unit members 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 bargaining unit member 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.
d)4. A bargaining unit member 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 he/she enjoyed at the time of layoff. Where group .
F. During the restoration period, the employee shall be eligible to have his/her insurance policies permitcoverage continued for up to eighteen (18) months, 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 employee pays the group rates premium.
G. The parties agree that these procedures apply only to the suspension of contracts for such benefitsreasons listed under Ohio Revised Code §3319.17 or for financial reasons as defined above. 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. When The District and the Board Association agree that all Education Code procedural requirements and provisions for layoff of Education unit members as well as the provisions of this article, shall be observed if the District determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:
1that reductions in force are necessary. To the extent possibleany provision contained in this Article is deemed to 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 unit members anticipated in the layoff.
22.2.2. A list of all certificated unit members ordered by seniority.
22.2.3. A list of all temporary unit members performing bargaining unit work.
22.2.4. A list of all program and curriculum changes contemplated as a result of the anticipated layoffs.
22.2.5. A list of all certificated unit members affected by a reduction in force will be minimized by not employing replacements for employees who retire, resignhave announced their resignation or retirement, 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area have been granted a leave of certification will be made absence from the bottom District. The District shall furnish, in writing, a statement of the seniority list for that area specific criteria used in determining the order of certification/licensure. A bargaining termination and the application of the criteria in ranking each unit member affected may elect relative to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining other unit members have within five (5) 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:
1. The date of the Board meeting at which the bargaining unit member was hiredtheir own expense, and then by;
2. The date the bargaining unit member signed his initial 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 purchase medical coverage for up to 18 months after the effective date of their layoff by submitting to the teacher's first teaching contract 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 the Board a reduction-in-force action at his/her daily rate of Education, pay if the date employee is available;
4. If any ties remain after (a), (b), and (c), they will be broken by lothired as a substitute for 21 days or more within a period of 60 school days.
322.6.1. 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 district in accordance with provisions of Education Code 44956. The names 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 bargaining pay. These former unit members whose contracts are suspended or non- renewed 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 reduction in force will be placed on a recall list for up period not to exceed 24 months from the date of the reductiontermination in accordance with Education Code 44954. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occursWhen re-employment opportunities exist, the Board will send District is obligated to make a certified reasonable effort to contact the eligible former unit member(s) prior to seeking other eligible candidates.
22.8.1. When the employment opportunity is for a day-to-day or short term substitute position "reasonable effort" shall mean a telephone call to the last known telephone number of the former unit member.
22.8.2. When the employment opportunity is for one semester or more, "reasonable effort" shall mean the sending of a registered letter by US mail of notification to the last known address of all bargaining the former 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 current address. All bargaining unit members are required to respond in writing to the district office within ten (10) calendar daysmember. The most senior of those responding will be given the vacant position. Any bargaining 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 rightswhich he/she is entitled.
d). A 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 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.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 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 of Education determines it necessary in any school year that there is a need to reduce suspend employee contract(s) for the number of certified staff positionsfollowing year, the following procedures 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 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 suspensions of contracts is made to the Board.
D. The Board shall apply:notify the GHEA and any employee initially affected by the reduction in force, 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 board shall proceed to suspend contracts in accordance with the recommendation of the district's superintendent and under provisions of this section.
1. To the extent possible, the number of bargaining unit members Each employee affected by a reduction the reduction, based on area of licensure, shall be placed in force will be minimized by not employing replacements for one of the following categories:
(a) Category 1, which shall contain all employees who retire, resign, on limited or whose extended limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductionswith an evaluation rating of ineffective;
(b) Category 2, which shall contain all employees on limited or extended limited contracts with an evaluation rating of developing;
(c) Category 3, which 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 with an evaluation rating of ineffective;
(f) Category 6, which shall contain all employees on continuing contracts with an evaluation rating of developing;
(g) Category 7, which shall contain all employees on continuing contracts with an evaluation rating of skilled;
(h) Category 8, which shall contain all employees on continuing contracts with an evaluation rating of accomplished.
2. Reductions needed beyond those available by attrition will in the affected area of licensure shall be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers starting with employees in the bargaining unit will be placed on seniority lists Category 1 and shall proceed sequentially through employees in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article ICategory 8, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members until all necessary reductions have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lotoccurred.
3. The names For the purpose of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date this section, Evaluation Rating shall consist solely of the reduction. Bargaining unit members rating earned on the recall list will have the following rights:
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 Evaluation Rating assigned to an employee in order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status accordance with the same seniority, accumulation of sick leave, and salary schedule placement as 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.evaluation procedures adopted under O.R.C.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. When the Board of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:A. Reduction in Force
1. To the extent Where known and where possible, the number of bargaining unit members persons affected by a reduction in force will be minimized kept to a minimum by not employing replacements insofar as practicable for employees certificated/licensed staff members who retire, resign, retire or resign or whose limited contracts agreements are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductionsrenewed.
2. Reductions needed beyond those available by attrition will 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 suspending or non-renewing contractsthe Board and shall be further notified as to which teacher(s) shall be suspended.
3. Those contracts The teacher to be suspended or non-renewed will be chosen as follows:notified of the RIF thirty (30) days prior to the effective date.
a)4. All teachers 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 bargaining unit 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 placed on seniority lists in each teaching field for which they are certificated. This list will be provided to followed using the Association President in accordance Summative Evaluation or the Evaluation with Article I, B6the highest ratings.
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license5. Seniority rights for shall be defined as the purpose total number of reduction years in force only exist after equivalent evaluations.
c)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 bargaining unit members individuals have equal seniority as defined herein, the same length of continuous service, seniority individual to be laid off will be determined by:by the Superintendent or designee.
16. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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)Seniority shall be system-wide, (b), rather than building) and (c), they will shall be broken determined by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
a). No new teachers will be employed by the Board while there are bargaining unit members on the recall list who are placing all certificated/licensed for the vacancy;
b). Bargaining unit 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 recall list will 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 recalled 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 continuing contract who has their position reduced in order of seniority for vacancies force may displace the least senior teacher in the area or areas for which they are certified/licensed, but only if permitted based on their evaluation(s) as determined by the Superintendent.
8. Teachers on the RIF list shall be returned to active employment to fill vacancies in reverse order of reduction for any position that becomes available for which they are or have become certificated/licensed
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all bargaining unit members on the recall list who are qualified according to these provisions. It licensed before any permanent teacher or substitute is the teacher's responsibility to keep the Board informed of his current address. All bargaining unit members 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return teacher to active employment status with by giving written notice to the same seniorityteacher, accumulation of sick leave, and salary schedule placement as 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 said written notice being sent to participate in those benefits which are provided to teachers in active employment provided the teacher pays by registered or certified letter addressed to the group rates for such benefits.teacher’s last known address. It shall be the responsibility of each teacher to notify the Board of any change of address
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. When 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 of Education determines demonstrates that it is necessary to reduce the number of certified staff positionsuse other criteria to achieve educational goals which could not otherwise reasonably be met by reductions based upon teachers' seniority and certification or licensure areas. Pursuant to H.B. 153, when conducting a RIF, the following procedures Board will suspend contracts in accordance with the superintendent’s recommendation, who shall, within each teaching field affected, give preference to teachers on 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 considered comparable (Category 1) and all teachers with a summative evaluation rating of developing, skilled, or accomplished shall apply:
1be considered comparable (Category 2). To the extent possible, the number of bargaining unit members affected by All teachers except those excluded from recognition in this Negotiated Agreement and those who are included but who have been nonrenewed or terminated for reasons other than a reduction in force will be minimized are covered by not employing replacements for employees who retire, resign, or whose limited the procedures specified below. The Board of Education shall act on all continuing contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided prior to the Association President implementation of a Reduction in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lotForce.
3. The names Within each affected area of bargaining unit members whose 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 suspended or non- renewed in necessary to comply with state and federal laws relating to employment matters.
5. Teachers laid off due to a reduction in force will shall be so notified in writing. Their names shall be placed on upon a recall list for up to 24 months from the date in reverse order of layoff. A copy of the reductionlist shall be given to the MEA President. Bargaining unit members A teacher whose name appears on the recall list will have shall be offered reemployment when a position becomes available for which that teacher is or has become certificated or licensed before the following rights:
a). No new teachers will be employed by the Board while there are bargaining unit members next teacher lower on the recall list who are certificated/licensed 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 vacancy;position.
b)6. Bargaining unit members 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 shall remain eligible for reemployment in accordance with §6 of this section for the next three (3) contract years following 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 recalled in order 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 seniority for vacancies in areas for which they are certificated/licensed
c)a part-time position does not limit a teacher’s right to recall. If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all bargaining unit members A part-time teacher still on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his current address. All 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 bargaining unit member 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.
d)8. A bargaining unit member teacher on the recall list will, upon acceptance of is eligible to retain group hospitalization benefits for up to three (3) years by making monthly premium payments to the notification to resume active employment status, return to active employment status with District under Board policy governed by COBRA. A teacher who becomes employed under another group hospitalization plan loses all further eligibility for the same seniority, accumulation of sick leave, and salary schedule placement as he enjoyed at the time of layoff. Where District's 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 benefitshospitalization coverage.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. When If any reduction in personnel is necessary, an effort will be made to effect the Board of Education determines it necessary to reduce reduction at the number of certified staff positions, grade level and /or subject area most affected by the following procedures shall apply:
1reduction in students. To the extent possible, the number of bargaining unit members (No teacher will be included in or affected by a reduction in force during the regular academic term). Other factors that will be minimized by not employing replacements for employees who retire, resign, or whose limited contracts are not renewed for reasons other than considered are: (1) the amount of seniority; (2) the amount and appropriateness of educational training; (3) continuing contract status; (4) certification; (5) program elimination; (6) financial condition of the district; (7) federal mandate; and (8) evaluation records. In making staff reduction the Board of Education will follow the applicable provisions of the South Dakota statutes in forcethat regard. Attrition alone may not Any teacher laid off pursuant to this policy shall be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field offered any vacancy for which they are certificated. This list will be provided certified which occurs prior to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom commencement of the seniority list ensuing school year. Any employee laid off pursuant to this policy shall be eligible for that area of certification/licensure. A bargaining unit member affected may elect recall to displace a less senior bargaining unit member in another area in any position for which he/she maintains is certified and recommended by the principal and personnel committee at the time of lay-off for a current certificate/license. Seniority rights for the purpose period of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 calendar years following the effective date of the teacher's first teaching contract with the Board of Educationlay-off, if the date is available;
4. If any ties remain after (a), (b), and (c), they will such recall to be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date inverse order of the reductionlay-off. Bargaining unit members on Recall privileges cease when the recall list staff member voluntarily resigns. Recall privileges will have the following rights:
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
c). If a vacancy occursalso cease if, upon being recalled, the Board will send a staff member fails to report within twenty (20) calendar days of written notification of the recall. Such notice shall be sent by certified letter by US mail to the last known address of all bargaining unit members furnished to the Superintendent by the staff member, and the twenty (20) day period shall commence to run on the date the notice is mailed. Recall privileges will not apply to teachers under contract with another district, unless that recall list who is for an anticipated position in the ensuing year. Teachers terminated under this policy are qualified according entitled to these provisions. It is the teacher's responsibility to keep preferential treatment for "substitute teaching" upon notifying the Board informed of his current address. All bargaining unit members are required a desire 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member placed 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 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 benefitssubstitute teachers.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. When A. During this Agreement, when the Board of Education determines that it will be necessary to reduce the number of certified staff 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 will be affected and which teachers will be laid off. The Superintendent will use the following procedures shall applycriteria in determining which teachers are to be laid off:
1. To the extent possible, the number of bargaining The Board may make any reductions in force first through staff retirement and voluntary resignations.
2. Bargaining unit members affected by will be placed in one (1) of three (3) groups for the purpose of a reduction in force, as described below. These groups will be called “Group One,” “Group Two,” and “Group Three.” Members within each Group will be deemed “comparable,” except that members under continuing contracts will be 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. Teachers will be minimized 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 not employing replacements 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 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 employees who retire, resign, or whose 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 contracts beginning with the least senior.
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 not renewed 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 reasons other than reduction 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 State Department of Education and currently held by an individual teacher.
E. A teacher who has been notified that they will be included in forcea RIF will be granted the following rights:
1. Attrition alone may not The right to be sufficient carried on payroll records and to accomplish necessary reductionsremain 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 hire and will begin to accrue as of the first day of the actual teaching position in the Delaware City Schools.
1. Seniority will continue to accrue during all paid leaves of absence and unpaid leaves of absence. Seniority is lost when service is otherwise discontinued.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed When seniority is equal, placement on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. a. The date of the Board meeting at which the bargaining unit member teacher was hired, and then by;.
2. b. The date the bargaining unit member teacher signed his the initial 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 employment contract with the Board Delaware City Schools.
c. The date and time the signed contract was received by the Superintendent’s office.
d. The first paid day of Education, if the date is available;teacher with the Delaware City Schools.
4. If any e. Any remaining ties remain after (a), (b), and (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force A district wide seniority list by assignment will be placed on posted in each building by 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 recall list for up to 24 months from the date copy of the reductionseniority list.
4. Bargaining unit members Teachers wishing to challenge their placement on the recall seniority list must do so in writing to the Superintendent or designee no later than the last school day of October. A final list will have be posted by the first day of December.
G. The following rightsprocedures will be used in the recall process: Recall:
a)1. No new If there is a vacancy, laid off teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for to perform the vacancy;work in question will be recalled in reverse order of layoff as per state requirements.
b)2. Bargaining unit members Notice of recall will be 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 to indicate acceptance or not. No acknowledgment of the notice within fifteen (15) days of the date it was mailed will be the same as refusal.
3. A teacher who is laid off will remain on the recall list will be recalled for thirty-six (36) months after the effective date of lay off unless:
a. recall rights are waived in order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs, the Board will send a certified letter writing by US mail to the last known address of all bargaining unit members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep
b. a resignation is offered by the Board informed of his current address. All bargaining unit members 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 bargaining unit member who teacher 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.
d). A 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 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.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. When A. Reduction in Force (RIF) may be necessary because of decreased enrollment of pupils in the Board District, changes in curriculum, changes in the use of Education determines it necessary personnel, lack of funds, return to reduce duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the number 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 certified staff positionsrecall to a supplemental contract beyond the school year in which the contract is 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 following procedures shall apply:five year period immediately preceding the RIF, and thus is not limited to declining enrollment in the current or previous year.
1. To the extent B. Where known and where possible, the number of bargaining unit members persons affected by a reduction in force RIF will be minimized kept to a minimum insofar as is practicable by not employing replacements for employees 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 for reasons other than reduction in 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. Attrition alone may not The Superintendent or his/her designee shall determine the specific areas of certification and the specialties, as well as the specific positions and/or work locations to be sufficient to accomplish necessary reductionsaffected by the reduction-in- force.
F. Members on limited contracts shall be reduced first, utilizing the following order:
1. Licensure/Certification;
2. Reductions needed beyond those available Competency as determined by attrition formal evaluation;
3. When evaluations are comparable, reductions will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed based on reverse order of seniority (i.e. lowest in seniority will be chosen as followsfirst reduced).
G. If further reductions are needed, members on continuing contracts shall be reduced utilizing the following order:
a)1. All teachers in the bargaining unit Licensure/Certification;
2. Competency as determined by formal evaluation;
3. When evaluations are comparable, reductions will be placed 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 in within their area or areas of certification giving preference, within each teaching field for which they are certificatedarea 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. This list will 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 Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom president of the seniority list for that area Association within thirty (30) days of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluationsits completion.
c)1. If two (2) or more bargaining unit members on any seniority list shall have the same length of continuous service, seniority will shall be determined by:
1. The a. the date of the Board meeting at which the bargaining unit member was hired, ; and then by;
2. The date the bargaining unit member signed his initial contract b. total teaching experience in the district;Big Walnut Local School District; and then by
3. The date on which c. total teaching experience as certified by the bargaining unit member submitted STRS; and finally by
d. the first completed job application within the two year period preceding the effective date last four (4) digits of the teacher's first teaching contract member’s Social Security Number, with the Board low number prevailing. Length of Education, if the date is available;
4. If any ties remain after (a), (b), and (c), they will continuous service shall not be broken interrupted by lotauthorized leaves of absence.
3. The names J. Members selected for non-renewal or suspension of bargaining unit members whose contracts are suspended or non- renewed 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 up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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 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/licensed
c)certified, those members shall be recalled to employment in reverse order of layoff within the applicable area(s) of certification in which such new positions or vacancies occur. If a vacancy occurs, the Board will send a certified letter Notice of recall shall be given by US telephone and registered mail to the last known telephone number and last address of all bargaining unit members 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 current address. All bargaining unit members 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 the vacant position. Any bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member Members on the recall RIF list will, upon acceptance of shall have the notification right to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as 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 at the members' expense, in those benefits which are provided group insurance programs without interruption in benefits, to teachers in active employment provided the teacher pays the group rates for such benefitsextent authorized by law.
A. Purpose
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Negotiated Agreement
REDUCTION IN FORCE. 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 of Education determines it necessary in any school year that there is a need to reduce suspend employee contract(s) for the number of certified staff positionsfollowing year, the following procedures 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 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 suspensions of contracts is made to the Board.
D. The Board shall apply:notify the GHEA and any employee initially affected by the reduction in force, 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 board shall proceed to suspend contracts in accordance with the recommendation of the district's superintendent and under provisions of this section.
1. To the extent possible, the number of bargaining unit members Each employee affected by a reduction the reduction, based on area of licensure, shall be placed in force will be minimized by not employing replacements for one of the following categories:
(a) Category 1, which shall contain all employees who retire, resign, on limited or whose extended limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductionswith an evaluation rating of ineffective;
(b) Category 2, which shall contain all employees on limited or extended limited contracts with an evaluation rating of developing;
(c) Category 3, which 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 with an evaluation rating of ineffective;
(f) Category 6, which shall contain all employees on continuing contracts with an evaluation rating of developing;
(g) Category 7, which shall contain all employees on continuing contracts with an evaluation rating of skilled;
(h) Category 8, which shall contain all employees on continuing contracts with an evaluation rating of accomplished.
2. Reductions needed beyond those available by attrition will in the affected area of licensure shall be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers starting with employees in the bargaining unit will be placed on seniority lists Category 1 and shall proceed sequentially through employees in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article ICategory 8, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members until all necessary reductions have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lotoccurred.
3. The names For the purpose of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date this section, Evaluation Rating shall consist solely of the reduction. Bargaining unit members rating earned on the recall list will have the following rights:
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 Evaluation Rating assigned to an employee in order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status accordance with the same seniority, accumulation of sick leave, and salary schedule placement as 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.evaluation procedures adopted under O.R.C.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. When A. The following reasons shall apply when the Board of Education determines it is necessary to reduce the number of certified staff positions, the following procedures shall apply:
1. Decline in student enrollment.
2. Return to duty of 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 minimized by not employing replacements for those employees who retire, retire or 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. C. Reductions needed beyond those available by attrition attrition, as mentioned in B, will be made by suspending or non-renewing contracts. Those The Superintendent shall give notice of intent to suspend contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article Ithirty (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 the reasons for such reduction within fifteen (15) days of receipt of notice of the Superintendent's intent to recommend such reduction to the Board.
D. A list shall be prepared and kept updated ranking all tenured bargaining unit members by seniority, B6
b). Reductions in any area giving all areas of certification will and present teaching assignment(s); then all non- tenured bargaining unit members in the district by seniority, giving all areas of certification and present teaching assignment(s).
E. Seniority shall be made from the bottom defined as continuous employment of the seniority list for that area of certification/licensure. A a bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for beginning with the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The first date the bargaining unit member signed his initial contract in the district;
3reported for duty. The date Continuous employment shall include all time on which sick leave, Board approved leaves of absence, military leave, disability retirement to a maximum of five years, and all time during suspension if the bargaining unit member submitted is reinstated. Seniority shall be lost when a teacher resigns or retires and is accepted in 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 (c), they will be broken by lotretirement system.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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.
Appears in 2 contracts
Sources: Master Contract Agreement, Master Contract Agreement
REDUCTION IN FORCE. When Section 1: The Employer will provide the Board Union with information regarding projected reduction-in-force (RIF) actions that will adversely affect Employees within five workdays of Education determines it necessary the receipt of such information. Such information will include copies of letters or messages from higher levels and Unit ▇▇▇▇▇▇▇ Document (UMD) changes. Copies of retention registers, notices and personnel actions used to reduce the number of certified staff positions, the following make job offers or place Employees under RIF 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President Union upon request in accordance with Article Iwriting through the civilian personnel office to AFPC. In the event of a RIF, B6
b). Reductions in any area of certification vacancies will be made from used to the bottom maximum extent possible to place Employees in continuing positions in order to minimize the impact on Employees and reduce the number of demotions and separations. Management will make every effort to freeze open slots for a pending RIF to place the seniority list for Employees that area of certification/licensure. A bargaining unit member are affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for by the purpose of reduction in force only exist after equivalent evaluationsRIF.
c)Section 2: The Employer will brief all Employees to be issued RIF notices on general RIF procedures in the presence of a Union representative. If two or more bargaining unit members have the same length of continuous service, seniority The Employer will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hiredavailable to individually counsel all Employees adversely affected by a RIF action and if requested, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lota Union representative present.
Section 3. : Employees adversely affected by a RIF action will have access to review their EOPF and other records pertaining to the action, including governing directives, upon written request through civilian personnel office to AFPC.
Section 4: The names of bargaining unit members whose contracts are suspended or non- renewed in Employer will give all Employees and their representatives at least 60 days specific written notice prior to 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 up reasonable amount of time without charge to 24 months leave for:
a. Participating in placement interviews within the local commuting area.
b. Receiving assistance from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member 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.
d). A bargaining unit member on the recall list willc. Reviewing 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 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 benefitsetc.
Appears in 1 contract
Sources: Labor Management Agreement
REDUCTION IN FORCE. When If the Board of Education determines it necessary to reduce the number of certified staff positionsbargaining unit positions under O.R.C. 3319.17, 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 bargaining unit members 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 not non-renewed for reasons other than reduction in forcedue to unsatisfactory performance. Attrition It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available covered by attrition will shall be made by suspending or non-renewing contractscontracts based upon the Superintendent's recommendation. Those contracts to be suspended or non-renewed will be chosen as follows:
a)1. All teachers in members of the bargaining unit will be placed on a seniority lists in list for each teaching field for which they are properly certificated. This list Teachers serving under continuing contracts will be provided to placed at the Association President top of the list, in accordance with Article I, B6
b)descending order of seniority. Reductions in any area of certification Then those serving under limited contracts will be made from the bottom listed in descending order of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/licenseseniority.
2. Seniority rights for will be defined as the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial service as a certificated employee under regular 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All bargaining unit members are required to respond in writing to the this district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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 benefitsmember.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When the Board of Education determines finds it necessary necessary, in its sole discretion, to reduce the number of certified staff positionsfull and/or part time positions for reasons of declining enrollments, budget reductions, change in or consolidation of Board authorized programs, or for any other reason determined necessary or desirable by the Board, the following procedures shall applyfactors will be utilized to determine which personnel will be laid off:
1. To 7.1 The Board will make every reasonable effort to minimize the extent possibleeffects of any reduction in force on current staff by absorbing as many positions as possible through attrition (retirement, voluntary transfer, resignation, and contract refusal).
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 number following considerations shall be made:
a. Certification and “highly qualified” status in the instructional positions being retained shall be considered first.
b. These factors being equal, seniority shall be considered first. Those with the fewest years of bargaining unbroken service shall be laid off first. However, the Board will also consider the impact of reducing academic positions on student achievement first.
c. Bargaining unit members affected by with less than three (3) years of service will be the first laid off.
7.4 Bargaining unit members to be laid off and/or reduced shall be notified on or before March 31st of 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 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will shall be placed on a recall list for up to 24 months from the date a period of the reductiontwo (2) years. Bargaining unit members on the recall list will have the following rights:
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 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/licensed
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all bargaining unit members 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 current addressSAU office.
7.5.1 Once contacted, bargaining unit members shall have fourteen (14) days to respond to the offer. All bargaining unit members are required to respond in writing 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rightsexperience credit.
d). A 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 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.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When the Board of Education determines that it necessary to reduce the number of certified staff positionsshall implement a reduction in force, the following procedures shall apply:apply consistent with R.C. 3319.17(D):
1. To the extent possibleBefore implementing a reduction in force, the number Superintendent or designee shall give written notice to the Association President of bargaining the Board’s intent to affect a reduction in force. The Association shall be given the opportunity to address the Board in an open meeting during the next regularly scheduled meeting for presenting, both orally and in writing, its views on the proposed reduction in force.
2. The Board shall proceed to abolish positions and suspend contracts in accordance with the recommendations of the Superintendent pursuant to R.C. 3319.17(C). Affected unit members affected by shall be given written notice thirty (30) days prior to Board action of the Board's intent to implement a reduction in force will be minimized no later than the first day of June. Within each area of certification/licensure affected by not employing replacements for employees who retire, resign, or whose limited contracts are not renewed for reasons other than the reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those , contracts to shall be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided pursuant to the Association President recommendations of the Superintendent and in accordance with Article I, B6R.C. 3319.17.
b)3. Reductions An reduction in any 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 will 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 made from bumped if the bottom of unit member has less seniority. The unit member "bumped" must have the seniority list for that lowest evaluation rating and be the least senior unit member in the unaffected area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c)5. If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit Unit members whose contracts are have been suspended or non- renewed in a reduction in force will shall be placed on a recall list for up to 24 months from list. Unit members employed under continuing contracts at the date time of the reduction. Bargaining unit members 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:time of contract suspension may remain on the recall list for a period of thirty-six (36) months after the contract suspension.
a6. 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 reduction in force. No new teachers will unit members may be employed by the Board while there are bargaining unit members on the recall list who are certificatedcertified/licensed (excluding temporary certifications/licensures) for the vacancy;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.
b)7. Bargaining The Board shall give written notice of an offer of recall by sending a registered or certified letter to said unit members member at the unit member’s last known address. It shall be the responsibility of each unit member to notify the Board of any change in address. The unit member’s address, as it appears on the recall list will Board's records, shall be recalled conclusive when used in order of seniority for vacancies in areas for which they are certificated/licensed
c)connection with an offer or other notice to the unit member. If a vacancy occursunit member fails to accept the offer of recall in writing within fifteen (15) calendar days (excluding Saturdays, Sundays, and holidays) or within five (5) days (if the Board will send offer is delivered within ten (10) days prior to the start of a certified letter by US mail to school year or semester) from the date said offer is delivered at the last known address of all bargaining the unit members on member, said unit member shall be considered to have rejected said offer and shall be removed from the recall list. No unit member whose continuing contract has been suspended shall be removed from the recall list who are qualified according by reason of having declined recall to these provisions. It is a position requiring a lesser percentage of full-time employment than the teacher's responsibility to keep position the Board informed of his current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept last held while employed in the position, will forfeit all recall rightsDistrict.
d)8. A bargaining 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 enjoyed the unit member had at the time of layoffcontract suspension.
9. Where group insurance policies permitAfter being removed from the recall list, a bargaining unit member on must make application for employment in accordance with established procedures if the recall list who is unemployed and does not otherwise have group coverage available may continue unit member so desires to participate in those benefits which are provided to teachers in active be considered for re- employment provided by the teacher pays the group rates for such benefitsBoard.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When If the Board of Education District, in its discretion determines it necessary to reduce that a reduction in the number of certified staff positionscontracts offered to classified employees is necessary because of discontinuance or substantial reduction of a particular service or program, decreased student enrollments in the District, because of school consolidations, or because of the shortage of anticipated revenue after the budget has been adopted, the following procedures shall applyprocedure will be observed:
1. To Shared Governance Committee A shared governance committee consisting of equal membership from the extent possibleAssociation 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 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 number employee will not be considered by the shared governance committee again. If the committee cannot come to an agreement, the areas of bargaining unit members affected by disagreement will be submitted in writing to the Superintendent and from this document a review of the recommended reduction in force will shall be minimized conducted and adjudicated 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificatedSuperintendent of Schools. This list will be provided decision is subject to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect appeal to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will committee shall be placed on a recall list for up empowered to 24 months from make decisions upon the date call of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 positioncommittee and cannot delay such decisions beyond necessary committee meetings. Any bargaining unit member 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.
d). A 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 their accumulated sick leave, and salary schedule placement as he enjoyed leave at the time of layoffsaid termination. 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 Employees to participate in those benefits which are provided to teachers in active employment provided the teacher pays the group rates for such benefitsbe terminated shall be given fifteen (15) workdays written notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When In the Board event of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:
1. To the extent possible, the number of bargaining unit members affected by a reduction in force force, probationary employees in the classification to be reduced will be minimized by not employing replacements for laid off first, in any order, provided the employees who retirewith seniority can capably perform the available work. If additional reductions are required, resign, or whose limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not seniority employees shall be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts displaced from the classifications to be suspended or non-renewed will be chosen as follows:
a)reduced, least senior first, provided the remaining employees are able to capably perform the available work. All teachers 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 seniority lists laid off or transferred to a position in each teaching field for another bargaining unit in which they are certificatedhave seniority and a right of return. This list will Transfers to positions in another bargaining unit shall be provided subject to the terms and conditions of that unit’s collective bargaining agreement. Employees to be displaced and/or laid off for an indefinite period of time will have at least seven (7) calendar day’s notice of said action. The Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made shall receive a list from the bottom Employer of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have employees being displaced and/or laid off on the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial contract in notices are issued to the district;
3employees. The date on which When 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 Educationwork force is to be increased after a layoff, if the date is available;
4. If any ties remain after (a), (b), and (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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 employees will be recalled in order of according to seniority, most senior first, provided the employees with the greatest seniority for vacancies in areas for which they are certificated/licensed
c)can capably perform the available work. If a vacancy occursthe position still exists, the Board will send a an employee shall be returned to his prior classification when such position is again vacant. Notice of recall may be by telephone, confirmed by certified letter by US mail to the employee's last known address of all 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 current address. All bargaining unit members 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 bargaining unit member who fails days to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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 benefitswork.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When the Board of Education determines that it necessary to reduce the number of certified staff positionsshall implement a reduction in force, the following procedures shall apply:apply consistent with R.C. 3319.17(D):
1. To the extent possibleBefore implementing a reduction in force, the number Superintendent or designee shall give written notice to the Association President of bargaining the Board’s intent to affect a reduction in force. The Association shall be given the opportunity to address the Board in an open meeting during the next regularly scheduled meeting for presenting, both orally and in writing, its views on the proposed reduction in force.
2. The Board shall proceed to abolish positions and suspend contracts in accordance with the recommendations of the Superintendent pursuant to R.C. 3319.17(C). Affected unit members affected by shall be given written notice thirty (30) days prior to Board action of the Board's intent to implement a reduction in force will be minimized no later than the first day of June. Within each area of certification/licensure affected by not employing replacements for employees who retire, resign, or whose limited contracts are not renewed for reasons other than the reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those , contracts to shall be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided pursuant to the Association President recommendations of the Superintendent and in accordance with Article I, B6R.C. 3319.17.
b)3. Reductions An reduction in any 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 will 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 made from bumped if the bottom of unit member has less seniority. The unit member "bumped" must have the seniority list for that lowest evaluation rating and, when unit members have comparable evaluations, be the least senior unit member in the unaffected area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c)5. If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit Unit members whose contracts are have been suspended or non- renewed in a reduction in force will shall be placed on a recall list for up to 24 months from list. Unit members employed under continuing contracts at the date time of the reduction. Bargaining unit members 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:time of contract suspension may remain on the recall list for a period of thirty-six (36) months after the contract suspension.
a6. 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 reduction in force. No new teachers will unit members may be employed by the Board while there are bargaining unit members on the recall list who are certificatedcertified/licensed (excluding temporary certifications/licensures) for the vacancy;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.
b)7. Bargaining The Board shall give written notice of an offer of recall by sending a registered or certified letter to said unit members member at the unit member’s last known address. It shall be the responsibility of each unit member to notify the Board of any change in address. The unit member’s address, as it appears on the recall list will Board's records, shall be recalled conclusive when used in order of seniority for vacancies in areas for which they are certificated/licensed
c)connection with an offer or other notice to the unit member. If a vacancy occursunit member fails to accept the offer of recall in writing within fifteen (15) calendar days (excluding Saturdays, Sundays, and holidays) or within five (5) days (if the Board will send offer is delivered within ten (10) days prior to the start of a certified letter by US mail to school year or semester) from the date said offer is delivered at the last known address of all bargaining the unit members on member, said unit member shall be considered to have rejected said offer and shall be removed from the recall list. No unit member whose continuing contract has been suspended shall be removed from the recall list who are qualified according by reason of having declined recall to these provisions. It is a position requiring a lesser percentage of full-time employment than the teacher's responsibility to keep position the Board informed of his current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept last held while employed in the position, will forfeit all recall rightsDistrict.
d)8. A bargaining 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 enjoyed the unit member had at the time of layoffcontract suspension.
9. Where group insurance policies permitAfter being removed from the recall list, a bargaining unit member on must make application for employment in accordance with established procedures if the recall list who is unemployed and does not otherwise have group coverage available may continue unit member so desires to participate in those benefits which are provided to teachers in active be considered for re- employment provided by the teacher pays the group rates for such benefitsBoard.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When the Board of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:
Section 1. To In the extent possible, the number of bargaining unit members affected by event a reduction in force shall become necessary because of a lack of work or other justifiable reasons, the Company will first seek volunteers for a reduction in force before laying off employees. It is understood that volunteers may not necessarily be selected for a layoff. If an additional reduction is necessary, probationary employees will be minimized laid off first and thereafter part-time employees. If a further reduction is still necessary, full time employees will be laid off by not employing replacements job classification in accordance with their seniority. Those employees with the least seniority will be the first to be laid off. An affected laid off employee may bump an employee with less seniority in another job classification, provided that he/she successfully occupied that job classification. Employees must notify the Company within three (3) work days of their intention to exercise their bumping rights. It is understood that Stewards shall have seniority over all employees they represent during a reduction in force, provided work in their classification or work in classifications wherein they have a displacement right is available, and so long as the ▇▇▇▇▇▇▇’▇ duties would permit such seniority preference under existing law.
Section 2. Recall rights are effective for employees who retire, resign, a period of eighteen (18) months from the day of layoff 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board Company will send a certified letter the notice of recall by US registered mail to the employee’s last known address as indicated on Company records. Recalled employees must respond within five (5) work days after receipt of all 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 current address. All bargaining unit members are required to respond in writing to the district office notification, and must report for work within ten (10) calendar daysdays of notification. The most senior Failure to comply with the provisions of those responding will this Article shall be given the vacant positionconsidered a voluntary resignation.
Section 3. Any bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all Probationary employees shall have no recall rights.
d)Section 4. A bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status Seasonal employees are laid off and recalled for work by job classification and in accordance with the same seniority, accumulation of sick leave, and salary schedule placement as 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 benefitstheir seniority within their separate seniority group.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When
(a) The Employer has the Board of Education determines it necessary right to reduce the number force, i.e., to conduct layoffs. The term, “reduce the force” as used herein, shall be construed as synonymous with layoff for economic reasons and/or “staff reductions.”
(b) The Publisher shall give the Guild at least three weeks prior notice of certified staff positionsany layoff. The notice shall be in writing and shall include the job classifications affected.
(c) When deciding on layoffs, the following procedures Employer shall apply:be able to designate, but is not required to designate, up to 12% (rounded to the next whole number) of 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 be based on seniority.
(d) Seniority shall be considered broken by (1) discharge for just and sufficient cause, (2) resignation or retirement, (3) twelve (12) consecutive months of layoff or (4) refusal to accept an offer of rehire. To Any issues relating to seniority for purposes of lay off shall be subject to the extent possiblegrievance and arbitration provisions of this Agreement.
(e) In its sole discretion the employer may exercise its rights to offer employees in the affected job classifications a voluntary buyout opportunity, the number terms of bargaining unit members affected by a reduction in force which will be minimized by negotiated with the union. In the event that the parties have 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 needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in reached an agreement on the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom terms of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for buyout opportunity, by the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The proposed date of the Board meeting at which layoff, the bargaining unit member 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;
2. The date the bargaining unit member signed his initial contract in the district;
3. The date on which the bargaining unit member submitted either under section (a) or section (c) above, will be eligible to receive severance pay calculated as follows: two weeks of base pay for the first completed job application within the two year period preceding the effective date 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 maximum payment of twelve weeks of severance. For existing employees as of the teacher's first teaching contract ratification of this agreement on May 31, 2024 with the Board more than 12 years of Education, if the date is available;
4. If any ties remain after (a), (b), and (c), they will be broken by lot.
3. The names continuous years of bargaining unit members whose contracts are suspended service or non- renewed in a reduction in force will be placed major portion thereof on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
a). No new teachers ratification, severance will be employed 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 a workplace prior to and since acquisition by the Board while there are bargaining unit members on the recall list who are certificated/licensed for the vacancy;
b)Employer. Bargaining unit members on the recall list Severance pay will be recalled in order 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/licensed
c). If a vacancy occursseverance is contingent upon the employee signing, and not revoking, the Board will send a certified letter by US mail Employer’s separation agreement and general release
(g) Dismissals to reduce the last known address of all 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 current address. All 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 force may be given the vacant position. Any bargaining unit member who fails to respond within ten (10) calendar daysgrieved, or who declines to accept the position, will forfeit all recall rightsbut shall not be arbitrable.
d). A 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 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.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When 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 of Education determines it necessary to reduce the number of certified staff positionsteaching positions under ORC 3319.17, 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. A. Reductions needed beyond those available by attrition will shall be made by suspending or non-renewing contractscontracts based upon the 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 or non-renewed will be chosen as follows:
a)1. All teachers in the bargaining unit certified/licensed staff members will be placed on a seniority lists in list for each teaching field for which they are certificatedproperly certified/licensed. This list Teachers serving under continuing contracts, or who have met the requirements for a continuing contract will be provided to placed at the Association President top of the list, in accordance with Article I, B6
b)descending order of seniority. Reductions in any area of certification Teachers serving under limited contracts will be made from placed on the bottom list under continuing contract teachers, also in descending order of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/licenseseniority.
2. Seniority rights for will be defined as the purpose length of reduction continuous service as a certified/licensed employee in force only exist after equivalent evaluationsthe district.
c). a. Board approved leaves of absences will not interrupt seniority, but time spent on such a leave shall not count toward seniority.
b. If two or more bargaining unit members teachers have the same length of continuous service, seniority will be determined by:
1. The 1 ) the date of the Board meeting at which the bargaining unit member teacher was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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.then,
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When the Board A. A reduction in force of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall applybargaining unit employees normally may occur in situations such as:
1. To 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 extent possible, value of revenues received or significantly increasing costs of operation;
3. Change in the number educational program of bargaining unit members affected 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 Superintendent which warrant initiation of a RIF process.
B. In the event the Superintendent deems it necessary to initiate a reduction in force (RIF) that will be minimized by not employing replacements for employees who retireaffect bargaining unit employees, 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 needed beyond those available by attrition the Superintendent will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen develop a plan and proceed as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date Superintendent shall determine the number of positions to be affected by the Board meeting at which the bargaining unit member was hired, and then by;RIF.
2. The date Prior to initiating the bargaining unit member signed his initial contract in RIF, the district;Superintendent will attempt to absorb the necessary reductions through attrition and/or transfers.
3. The expected date on which of the bargaining unit member submitted RIF will be determined.
4. The Superintendent will identify the first completed job application within options that have been considered to preserve academic programs.
5. The Superintendent will request volunteers for separation of employment.
6. If attrition does not meet the two 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 Association President.
▇. ▇▇▇▇▇▇: For a period of one (1) year period preceding after the effective date of the teacher's first teaching contract with RIF, the Board of Education, Superintendent shall offer a recall if the date any position becomes available for which such employee is available;
4. If any ties remain after (a), (b), licensed and (c), they will be broken by lot.
3qualified. The names of bargaining unit members whose contracts are suspended or non- renewed recall shall be offered in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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 reverse order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 enjoyed at the time of layoff. Where group insurance policies permit, a bargaining unit member on Employees desiring recall rights must maintain proper notification/address information with 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 benefitsDistrict.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. When A. Reduction in Force (RIF) may be necessary because of decreased enrollment of pupils in the Board District, changes in curriculum, changes in the use of Education determines it necessary personnel, lack of funds, return to reduce duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the number 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 certified staff positionsrecall to a supplemental contract beyond the school year in which the contract is 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 following procedures shall apply:five year period immediately preceding the RIF, and thus is not limited to declining enrollment in the current or previous year.
1. To the extent B. Where known and where possible, the number of bargaining unit members persons affected by a reduction in force RIF will be minimized kept to a minimum insofar as is practicable by not employing replacements for employees 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.
▇. ▇▇▇▇▇▇▇▇▇ created by members who retire, resign, are on leave of absence, or whose limited contracts are not renewed for reasons other than reduction in 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. Attrition alone may not The Superintendent or his/her designee shall determine the specific areas of certification and the specialties, as well as the specific positions and/or work locations to be sufficient to accomplish necessary reductionsaffected by the reduction-in-force.
F. Members on limited contracts shall be reduced first, utilizing the following order:
1. Licensure/Certification;
2. Reductions needed beyond those available Competency as determined by attrition formal evaluation;
3. When evaluations are comparable, reductions will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed based on reverse order of seniority (i.e. lowest in seniority will be chosen as followsfirst reduced).
G. If further reductions are needed, members on continuing contracts shall be reduced utilizing the following order:
a)1. All teachers in the bargaining unit Licensure/Certification;
2. Competency as determined by formal evaluation;
3. When evaluations are comparable, reductions will be placed 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 in within their area or areas of certification giving preference, within each teaching field for which they are certificatedarea 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. This list will 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 Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom president of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial contract in the district;
3. The date on which the bargaining unit member submitted the first completed job application Association 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 (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
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
c). If a vacancy occurs, the Board will send a certified letter by US mail to the last known address of all 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 current address. All 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 bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A 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 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.thirty
Appears in 1 contract
Sources: Negotiated Agreement
REDUCTION IN FORCE. 5.04.01 Reductions-in-force may be made in the 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 Board of Education determines it necessary to reduce the number of certified need for a staff positionsreduction is deemed necessary, the following procedures shall applybe followed:
1A. 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. To 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 possibleof the anticipated reduction, and the possible effects of said reduction.
B. Seniority will be defined as length of continuous service as a certificated employee under a regular full-time contract in the District.
C. Any reduction in employees will first be accomplished through attrition if possible to do so; i.e., the number of bargaining unit members persons affected by a reduction in force staff will be minimized kept to a minimum by not employing replacements for employees who retire, resign, retire or whose limited contracts resign or by not replacing employees who are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article Ithe provisions of 5.01 above.
D. If further reductions are necessary, B6
b). Reductions the Board shall proceed to suspend contracts in any area of certification will be made from accordance with the bottom recommendation of the seniority list for that area Superintendent of certification/licensure. A bargaining unit member affected may elect Schools who shall recommend suspensions of contracts in a teaching field by giving preference to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1teachers on continuing contracts. The date personnel records and all future references of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members employees whose contracts are suspended or non- renewed 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 up those employees whose limited contracts were suspended shall continue through the next three (3) full school years. Restoration rights for those employees with continuing contracts shall continue until the employee is returned to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:a teaching position.
a)1. No new teachers employees will be employed by the Board while there are bargaining unit members employees on the recall list who are certificated/licensed certified for the vacancy;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 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.
b)2. Bargaining unit members Employees on the recall list will be recalled in the order of seniority layoff for vacancies in the areas for which they are certificated/licensedcertified.
c)3. If a vacancy occurs, the Board will send mail, Certified Mail, return receipt requested, or deliver a certified letter by US mail to the last known address of all bargaining unit members employees on the recall list who are qualified according to these provisionsthe above provisions based on the information available W R W K H % R D U G file. It If the letter is the teacher's responsibility to keep delivered, a receipt for such delivery must be secured (a F R S \ R I V X F K O H W W H U S H U V R Q Q H O onI sibLilityOto Hkeep the Board informed of his his/her current address. All bargaining unit members 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 bargaining unit member 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.
d)4. A bargaining unit member 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 he/she enjoyed at the time of layoff. Where group .
F. During the restoration period, the employee shall be eligible to have his/her insurance policies permitcoverage continued for up to eighteen (18) months, 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 employee pays the group rates premium.
G. The parties agree that these procedures apply only to the suspension of contracts for such benefitsreasons listed under Ohio Revised Code §3319.17 or for financial reasons as defined above. 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
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 5.04.01 Reductions-in-force may be made in the 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 Board of Education determines it necessary to reduce the number of certified need for a staff positionsreduction is deemed necessary, the following procedures shall applybe followed:
1A. 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. To 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 possibleof the anticipated reduction, and the possible effects of said reduction.
B. Seniority will be defined as length of continuous service as a certificated employee under a regular full-time contract in the District.
C. Any reduction in employees will first be accomplished through attrition if possible to do so; i.e. the number of bargaining unit members persons affected by a reduction in force staff will be minimized kept to a minimum by not employing replacements for employees who retire, resign, retire or whose limited contracts resign or by not replacing employees who are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article Ithe provisions of 5.01 above.
D. If further reductions are necessary, B6
b). Reductions the Board shall proceed to suspend contracts in any area of certification will be made from accordance with the bottom recommendation of the seniority list for that area Superintendent of certification/licensure. A bargaining unit member affected may elect Schools who shall recommend suspensions of contracts in a teaching field by giving preference to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1teachers on continuing contracts. The date personnel records and all future references of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial 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 (c), they will be broken by lot.
3. The names of bargaining unit members employees whose contracts are suspended or non- renewed 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 up those employees whose limited contracts were suspended shall continue through the next three (3) full school years. Restoration rights for those employees with continuing contracts shall continue until the employee is returned to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:a teaching position.
a)1. No new teachers employees will be employed by the Board while there are bargaining unit members employees on the recall list who are certificated/licensed certified for the vacancy;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 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.
b)2. Bargaining unit members Employees on the recall list will be recalled in the order of seniority layoff for vacancies in the areas for which they are certificated/licensedcertified.
c)3. If a vacancy occurs, the Board will send mail, Certified Mail, return receipt requested, or deliver a certified letter by US mail to the last known address of all bargaining unit members 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 his/her current address. All bargaining unit members 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 bargaining unit member 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.
d)4. A bargaining unit member 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 he/she enjoyed at the time of layoff. Where group .
F. During the restoration period, the employee shall be eligible to have his/her insurance policies permitcoverage continued for up to eighteen (18) months, 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 employee pays the group rates premium.
G. The parties agree that these procedures apply only to the suspension of contracts for such benefitsreasons listed under Ohio Revised Code §3319.17 or for financial reasons as defined above. 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
Sources: Collective Bargaining Agreement