REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe: 8.1.1 PROBATIONARY employees within the job classification shall be laid off first. 8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification. 8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff. 8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position. 8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff. 8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall. 8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall. 8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period. 8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 18.1 The District shall notify the event it Union of layoffs prior to Governing Board action or upon mailing of layoff notices, whichever is necessary earlier. The District agrees to have a reduction in staff, the SUPERINTENDENT, in accordance meet and consult with the provisions set forth Union to discuss alternatives prior to written notification to the employee. If no alternative is reached, then the employee will be given a sixty (60)-day notice of layoff and will be requested to respond in this articlewriting within two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights. (See Ed. Code, shall determine which EMPLOYEES are to be retained. § 88014.) In the event of a layoff, the order of reduction shallbeprocedures are as follows:
8.1.1 PROBATIONARY employees within the job classification a. The District shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of create and provide to SEIU a seniority within the job list for each impacted classification.
8.2 The UNION and the EMPLOYEES shall b. Employee will be given written a sixty (60)-day notice of layoff and will be requested to respond in writing within two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights.
c. Time in class shall be determined by date of hire in classification.
d. An employee may bump the least senior employee in his/her present classification who has an equivalent percentage of full-time employment in paid status (i.e. months and hours) if no equivalent vacancy exists. If there is no equivalent FTE position, the employee may bump the least senior employee with the next lower FTE. In no event can the employee bump into a higher FTE status.
e. The least senior employee in the classification may bump into a lower classification if he/she holds permanent status in the lower classification and there is an employee in the lower classification with less seniority.
f. The employee being bumped from a position will be given a sixty (60)-day notice of layoff, and the procedures followed are the same as in “b,” “c,” and “d,” above.
g. When the District eliminates a filled position at least thirty (30) calendar days prior a department/division where positions are held by employees in the same classification and funding source, positions in the same classification and funding source will be eliminated in reverse order of seniority.
18.2 An employee who has been notified that his/her position is being eliminated may request the following actions in lieu of bumping or layoff:
a. May request a transfer to a vacant position on the same level or a reassignment to a lower level for which he/she may have some essential skills to perform the duties.
b. A vacant position is defined as a regular permanent position which the District determines is critical and must be filled. The employee may request to perform work that is being performed by provisional or limited-term employees and the District has determined is critical and must be performed.
c. The employee shall notify the District should any proposed position be unacceptable.
d. The District will send names to the date of supervisor for interviewing. The supervisor will determine the layoffskill levels necessary to perform the tasks available and will select or not select a candidate.
8.3 EMPLOYEEs who previously held another position within e. An employee transferred or reassigned to a lower classification shall serve a probationary period, and the bargaining unit may request, in writing, within five (5) business days of notification to supervisor shall make a recommendation on permanent status on the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionfinal probationary evaluation.
8.4 The EMPLOYEE with the most seniority f. An employee who transfers or accepts reassignment to a lower level classification in the job classification held at the time lieu of lay off will be called back first. All EMPLOYEES who have been laid off layoff shall have the right of written recall within their job classification reinstatement to his/her former position for a period of twelve twenty-four (1224) months from in addition to the date oflayoffthirty- nine (39) months reemployment rights (Ed. Code, § 88117).
8.4.1 When Bus Drivers/Bus Attendants are 18.3 Any employee who is laid off due to a Reduction in Force, with no other alternative for employment within the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES District shall be hired in offered any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number temporary hourly position with similar duties or responsibilities being performed at their location of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodemployment.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event that it is becomes necessary to have a reduction layoff forces in staffany classification, seniority shall govern. The City shall notify the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event Union Business Manager of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestreasons, in writing, with at least two (2) weeks’ notice prior to laying-off regular employees. Starting in the classifications in which the surplus exists, layoffs will begin with those employees having the least seniority. In the events that the city finds it necessary to reduce forces, the following shall apply:
a) The City has the sole right to determine if a vacancy exists in any other department or if additional personnel are needed or can be efficiently occupied, and the designation and classification of the job to which an employee can be transferred.
b) The Union agrees to waive the posting procedure and will oppose no reasonable transfer of an employee from the curtailed department to another department.
c) The transferred employee shall be given reasonable and sufficient instructions and training in which to qualify for a job.
d) During the qualifying period, the employee will be reviewed, counseled and instructed of their progress in the job.
e) Should the employee fail to meet the requirements of the job and disqualify, he shall be reassigned to the classification from which he was transferred for further personnel disposition.
f) The employee shall assume the rate of pay for the job to which transferred.
g) When additional employees are needed in a classification. The regular employees who have been laid off or transferred out of that classification within a one (1) year period, due to lack of work, shall be offered the jobs before they are filled by promotion or transfer of employees with less seniority, or by the hiring of new employees. A notification shall be sent to them by registered mail, to the latest mailing address supplied to the City, and copies of the notification shall be forwarded to the Union Business Manager. The City shall be notified within five (5) business working days after receipt of notification the notice by the former employee of their desire to accept the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in offer of the job classification held at and the time of lay off former employee will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept start work not later than three (3) substitute assignments in their job classification, weeks after the EMPLOYEE will lose his / her first refusal right but will retain receipt of the right of recall.
8.5 An EMPLOYEE's failure notice. Should the employee fail to respond affirmatively within twenty-one (21) calendar days or report, they will be dropped from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallCity employment rolls.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have that the Board of Education determines that a reduction of teachers becomes necessary due to a decline in staffstudent enrollment, return to duty of regular teachers after leave of absence, suspension of schools, territorial changes, or lack of funds, this reduction will be in keeping with the SUPERINTENDENTprovisions of this article.
A. Teachers who leave the system through retirement, resignation, nonrenewal for performance reasons or for other cause will not be replaced by new teachers, insofar as program needs and good educational practice make it possible to do so.
B. Additional reductions will be achieved in accordance with the provisions suspension of contract procedures set forth in Section 3319.17, Ohio Revised Code. Contracts will be suspended by areas of certification as determined by the Board. When this articleprocedure is followed for a reduction in force and contracts are suspended, shall determine which EMPLOYEES preference will be given first to teachers who have continuing contracts over those holding limited contracts, and second to teachers with comparable evaluations who have greater seniority. Teachers whose contracts are to be retained. In suspended will have the event right of layoff, restoration of service in the order of reduction shallbeseniority of service if and when teaching positions become vacant or are created for which any such teachers are certified.
C. Teacher Seniority
1. Seniority Bargaining unit members with longer continuous certified service, under regular contract, in the River View School System will be retained in preference to those with less continuous employment certificated to teach in the same field, provided they have comparable evaluations as follows:
8.1.1 PROBATIONARY a. Once the District implements its evaluation system under House Bill 153, employees shall be rated on each evaluation they receive as either “ineffective”, “developing”, “skilled” or “accomplished”.
b. There shall be four (4) categories of comparable evaluations (Category 1, Category 2, Category 3 and Category 4) in which employees shall be placed based upon the evaluation rating they receive for their three (3) most recent years.
c. Employees rated as “ineffective” for two (2) out of their last three (3) years shall be placed in Category 4.
d. Employees rated as “developing” for two (2) out of their last three (3) years shall be placed in Category 3.
e. Employees rated as “skilled” for two (2) out of their last three (3) years shall be placed in Category 2.
f. Employees rated as “accomplished” for two (2) out of their last three (3) years shall be placed in Category 1.
g. Employees with less than three (3) years’ experience shall be ranked with their most recent rating.
h. Employees who receive a different evaluation rating in each of their last three (3) evaluations shall be placed in the middle category – i.e., an employee who received a rating in Categories 3, 1 and 2 respectively in their last three (3) evaluations shall be placed in the category in the middle which is two (2).
i. Employees shall then be separated on a seniority list as follows:
1) First, by contract status (Continuing vs. Limited).
2) Next, by areas of certification/licensure.
3) Next, by evaluation Categories 1 through 4.
4) And finally, by dates of hire within the job classification shall be laid off first4 categories beginning with the oldest date in descending order to the most recent date of hire.
8.1.2 Fullj. Beginning in 2013, and each year thereafter, the District shall provide by September 30th via e-time regular (non-probationary) EMPLOYEES shall be laid off mail to the River View EA President, a seniority list of all bargaining unit members which shows their contract status, areas of certification/licensure, placement in the inverse order Categories 1 through 4, and their dates of seniority within the job classificationhire.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty k. Thirty (30) calendar days prior to the date of Board implementing a reduction in force, it shall provide via e-mail to the layoffRiver View EA President, an updated seniority list in accordance with Section i., above.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days 2. Measuring Length of notification to the Reduction in Force and shall Service Seniority will be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority defined as length of continuous certificated service under regular contract in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoffRiver View School District.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Negotiated Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary 8-1 Prior to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior any programmatic or budgetary position elimination proposal by staff to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestGoverning Board, XXX shall, in writing, within five (5) business days be provided with information regarding the reasons for such proposals in sufficient time to respond. Staff will be consulted on a regional or divisional basis in
8-2 If an administrator or psychologist has not had their contract renewed for programmatic or budgetary reasons, for a period of notification three years they shall be offered a site level interview for any available, comparable position in the District where appropriate certification is met. An administrator or psychologist who has not had their contract renewed because of performance evaluation or unprofessional conduct will not be provided such opportunity.
8-3 At the discretion of the Superintendent, administrators and psychologist who have had their contract non-renewed for programmatic or budgetary reasons may be recommended for assignment to vacant positions in accord with their credentials, experience, and qualifications.
8-4 If recalled in accord with 8-3 above, all unused sick leave accrued up to the Reduction in Force and shall point the RIF took effect would be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held restored if it has not been paid out at the time of lay off separation.
8-5 After June 30, RIFed employees shall, upon request, be allowed to continue their health insurance coverage by paying the premium themselves. All RIFed employees shall be eligible for COBRA benefits as described on the District’s website. However, the District will pay the full cost of
8-6 A RIFed administrator who accepts a teaching position in the District pursuant to Article Ten may elect to receive an immediate payout of their sick leave accrued through their current administrative contract with the District. Notice of that election must be submitted to Human Resources on or before November 30 of the school year immediately following the reduction in force notice of non-renewal as an administrator. The accrued sick leave shall be paid within 45 days of notice of the election being provided to Human Resources. The rate of the payout will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move calculated pursuant to the substitute poolprovisions of Article 9. The riffed EMPLOYEE shall have A RIFed administrator who does not elect the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she immediate payout option will maintain their recall rights during accrued sick leave balance, which balance and additional accruals, if any, will be paid out at separation from the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on District according to the experience step provisions of the salary schedule on which they were placed bargaining group agreement pertaining to the employee group the employee is in at the time of layoffseparation (e.g. Consensus).
Appears in 2 contracts
Samples: Meet and Confer Agreement, Meet and Confer Agreement
REDUCTION IN FORCE. 8.1 In A. The Association agrees that the event Board has the right to determine if there should be a layoff due to lack of funds or work. If it is becomes necessary to have reduce the number of bargaining unit members through a layoff, the Superintendent will make every reasonable effort to effect such a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retainedby attrition. In the event of any such layoff, the affected employee(s) will have the right to take the position of the least senior employee in the affected job classification provided that the affected employee’s seniority is greater than that of the least senior employee at issue, the affected employee meets the minimum qualifications for the position, and the performance expectations for the affected employee’s current position have been met. (Note: When performance standards for every position in the bargaining unit have been developed, the word “expectations” in the preceding sentence shall be replaced with the word “standards.”)
B. Support staff members shall be recalled in reverse order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another for any open position within the bargaining unit may requestclassification in which the layoff occurred.
1. Laid off support staff members shall be eligible for recall for a fifteen (15) month period following their final date of employment.
2. Support staff members shall be responsible for notifying the Superintendent, in writing, within five (5) business days of notification their current address. Recall notices shall be mailed, certified, return receipt requested to the Reduction in Force and shall be given address on file at the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionSuperintendent’s office.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first3. All EMPLOYEES who have been laid off Support staff members shall have the right of written recall within their job classification for a period of twelve twenty (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (2120) calendar days from to respond to any recall notice. Failure to accept recall shall terminate the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's support staff members’ rights of recallunder this article.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES 4. Support staff members who are recalled shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights retain previously accumulated benefits, including seniority and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodsick leave.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Prior to the event it is necessary to have a layoff or reduction in staffof any bargaining unit adjunct or full-time faculty member covered by this Agreement, the SUPERINTENDENTBoard shall eliminate all non-unit adjunct faculty, in accordance with then all voluntary overload assignments to courses which the provisions set forth in full-time faculty member is competent to fill pursuant to the qualifications of this articleprovision provided the Board may retain those adjunct or voluntary assignments to courses which unavoidably run at the same time as other identical adjunct or voluntary assignments to courses. therefore, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification bargaining unit adjunct faculty I positions shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days eliminated prior to the date layoff of unit adjunct faculty II positions, and unit ad- junct faculty II positions shall be eliminated prior to the lay- off of full-time faculty. Within ten (10) school days of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestreduction notice, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination Depart- ment will schedule a meeting with the faculty member whose position has been eliminated and the Association to review the qualifications of the EMPLOYEE's rights affected faculty member in order to determine in which disciplines they may be qualified to teach. If full-time faculty have been reduced to adjunct and work the equivalent of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES one- half (½) the normal workload or more, they shall be hired in any job classification as long as there are EMPLOYEES on layoff in paid that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step pro rata portion of the salary schedule on which they were placed would have earned had they worked a full load. Where such faculty works less than the equivalent of one-half (½) load, they shall be paid the voluntary overload rate. Minimum qualifications and academic support qualifications have been estab- lished pursuant to the procedure agreed by the parties for the 1988-1990 agree- ment and updated in 1999. Such qualifications shall be incorporated herein by reference. subsequent updates shall be made as new program submissions are adopted and approved as is provided for in the paragraph below. such new pro- gram submissions shall be provided to the Association at least two (2) weeks prior to submission to ICCB. Existing qualifications shall be reviewed as jointly agreed by faculty and adminis- tration representatives appointed by the time Association and President respectively; and any proposed changes or notice of layoffno change shall be submitted to the President and Association and adopted upon approval of the Association and President.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary The following process shall apply to have a reduction in staffPara-educators, the SUPERINTENDENTHealth Para-educators, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. and Licensed Practical Nurses:
17.1 In the event of layoff, the order necessity for reducing the number of reduction shallbe:
8.1.1 PROBATIONARY employees within this bargaining unit or reducing the job classification shall number of hours or days to be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in worked, individuals with the inverse order of least seniority within the job classificationcategory (i.e., Para-educator, Health Para-educator, or Licensed Practical Nurses) will be laid off or reduced first, provided, however, the employee retained must possess the necessary ability, experience and qualifications to perform the available work, or reach a mutually acceptable plan with the appropriate administrator to acquire the necessary qualifications.
8.2 17.2 Individuals laid off, will have, from the effective day of layoff, a two (2) year right to recall for any openings within this bargaining unit. The UNION and effective date of the EMPLOYEES layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the layoff action or the first day for which the laid off employee receives unemployment compensation, whichever occurs sooner. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings for which they are qualified. Former employees shall be given written notice of layoff at least credit for all prior service with the Easthampton Schools, providing they return to work within the recall period When possible individuals who are to be laid off will be given a thirty (30) calendar days day notice prior to the effective date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification 17.3 All benefits to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held which an employee was entitled at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES layoff shall be hired restored in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during full upon re-employment within the recall period.
8.7 17.4 Laid off employees may continue group health and life insurance coverage for up to eighteen (18) months by contributing 102% of the premium cost and provided the plan in force permits.
17.5 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability qualifications and experience to perform the available work.
17.6 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.7 The SUPERINTENDENT agrees that recalled EMPLOYEES employee shall, within fourteen (14) calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be placed considered a declination on the experience step part of the salary schedule employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
17.8 Seniority as referenced in this article will be calculated from the most recent date of hire by the Easthampton School Committee and includes all recognized leaves of absence under this Agreement. This seniority list will be issued annually no later than October 15 by the Superintendent or designee.
17.9 Should an opportunity arise to act, as a substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of their seniority. Payment shall be at the substitute’s rate for the particular position currently in effect. Declination of an offer to substitute shall not affect the right to recall under section 17.2 above. Seniority and other benefits (except medical benefits, if applicable) shall not accrue during the period of service as a substitute.
17.10 Paragraph 17.1 of this Article shall not apply to para-educators serving solely as one-to-one aides (Chapter 766-Special Education) whose positions are eliminated due to a modification of the Individual Education Plan or due to the departure of the student from the Easthampton Public Schools. However, the remaining provisions of this article shall apply to these individuals, with the sole exception that an individual whose position is eliminated due to the modification of an Individual Education Plan or the departure of a student shall retain priority regardless of seniority for reassignment to a position made available due to a subsequent modification of that students Individual Education Plan or that student’s return to Easthampton Public Schools. The following process shall apply to administrative assistants:
17.11 In the event of the necessity for reducing the number of employees within this bargaining unit, individuals with the least seniority within the administrative assistants job category will be laid off first, provided, however, the employee retained must possess the necessary ability, experience, and qualifications to perform the available work, or provide a plan acceptable to the Superintendent to acquire the necessary qualifications. In order to effectuate the Layoff, the following procedures will apply:
1) The most senior full-time employee whose position is eliminated shall bump the least senior full-time employee in the administrative assistants job category in the same or lower grade in accordance with the criteria referenced above.
2) This process shall continue in order of seniority among full-time employees.
3) Once the bumping procedure has been exhausted for fulltime employees, a full-time employee may bump the least senior part-time employee in the same or lower grade in accordance with the criteria referenced above.
4) Bumping among part-time employees shall then occur under the same procedure referenced for full-time employees.
5) Part-time employees shall not be eligible to bump full time employees.
17.12 The Employer maintains the right pursuant to this Article to reduce hours and days of employment of employees in the bargaining unit.
17.13 Individuals who are laid off will have, from the effective day of layoff, a two (2) year right to recall for any openings within this bargaining unit. The effective date of the layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the Layoff action. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings in the same or lower grade for which they were placed are qualified. Former employees shall be given credit for all prior service with the Easthampton Schools, providing they return to work within the recall period. When possible, individuals who are to be laid off will be given a thirty (30) day notice prior to the effective date of the layoff.
17.14 All benefits to which an employee was entitled at the time of layoff shall be restored, in full, upon re-employment within the recall period.
17.15 Laid off employees may continue group health and life insurance coverage in accordance with federal and state laws.
17.16 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability, qualifications, and experience to perform the available work and was in the grade equal to or higher at the time of layoff.
17.17 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.18 The employee shall, within fourteen (14) calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be considered a declination on the part of the employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
17.19 Seniority, as referenced in this article, will be calculated from the most recent date of hire as a secretary in the bargaining unit by the Easthampton School Committee, including all recognized leaves of absence under this Agreement, unless modified by an adjusted anniversary date as defined in paragraph 26.01 of the contract.
17.20 The Superintendent or designee will issue this seniority list annually.
17.21 Should an opportunity arise to act, as a substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of their seniority. Payment shall be at the substitute’s rate for administrative assistants currently in effect. Declination of an offer to substitute shall not affect the right to recall under section 17.13 above. Seniority and other benefits shall not accrue during the period of service as a substitute. The following process shall apply to custodians:
17.22 In the event it becomes necessary to reduce the number of employees in the custodian job category, the Superintendent will effectuate such a reduction in accordance with this Article.
17.23 An employee(s) whose position is eliminated shall be offered the following options:
1. to accept a layoff; or
2. to be transferred in accordance with Section 3 of this Article. Employees laid off under either 1 or 2 above will have all the recall rights afforded under Section 17.30 of this Article.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have 24.1 Should a reduction in staffthe City’s work force become necessary, termination by force reduction, hereinafter referred to as layoff, shall be accomplished in the following manner:
A. Layoffs shall be by classification within a department. Upon establishing the number of employees to be laid off within a classification in a department, the SUPERINTENDENTCity shall layoff the least senior employee first and continue laying off the least senior employee until its force reduction in the affected classification or classifications within that department is met.
B. If an employee is scheduled to be laid off, said employee shall be offered a comparable position or demotion to a lower classification, provided such a vacancy exists and said employee is qualified to fill the position.
C. If there is more than one (1) employee subject to the above provisions, the most senior qualified laid-off employee shall be offered the vacancy. If there is more than one (1) vacancy, said vacancies shall continue to be offered to the senior qualified laid off employeeuntil all vacancies are filled.
24.2 Employees being laid off or demoted shall be eligible for recall in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbefollowing procedure:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs A. An employee who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been is demoted or laid off shall have retain recall rights to a job in the right of written recall same classification within their job classification the department from which the employee was demoted or laid off. Recall rights shall remain in full force and effect for a period equal to the employee’s total length of twelve service not to exceed one (121) months from the date oflayoffyear.
8.4.1 When Bus Drivers/Bus Attendants are B. The most senior qualified laid off due employee shall be offered recall to a Reduction job in Force, the riffed EMPLOYEE(s) may move employee’s classification until the City’s staffing requirements are met.
C. Notification of recall shall be sent to a laid off employee by certified mail to the substitute pool. The riffed EMPLOYEE shall have address last known to the right of first refusal to any substitute assignment in their job classification. City.
D. If the riffed EMPLOYEE laid off employee fails to accept three respond to the recall notice within ten (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (2110) calendar days from the postmark date of receiving the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights notice of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their shall forfeit all further recall rights during the recall periodrights.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES 24.3 Employees who are scheduled to be laid off shall receive two (2) week of notice or, in the alternative, two (2) week of pay in lieu of notice.
24.4 If it becomes necessary for the City to abolish a position or reduce the number of employees, severance pay will be placed on the experience step granted as follows: Years of the salary schedule on which they were placed at the time of layoff.Service Severance Pay 6-10 4 weeks 11-25 6 weeks
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Section 24.1 Reductions in the event it is necessary work force shall be made, to have a reduction the extent needed within each location and department, as follows:
(a) Occasional, temporary, probationary, and regular part-time employees will be laid off first and in staffthat order.
(b) Thereafter, employees will be laid off from the job title affected in reverse order of seniority, namely, the SUPERINTENDENT, in accordance employees with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification least seniority shall be laid off first.
8.1.2 Full-time regular (non-probationaryc) EMPLOYEES shall be Employees laid off may in turn exercise reassignment rights in accordance with Section 25.2 of this Article.
Section 24.2 An employee with one (1) or more years of seniority shall have reassignment rights. Reassignment may be to a job in the inverse same job title but in another district. Reassignment may be to a job in another job title which the employee previously held with the Company. In such instance the employee must have performed that job to the satisfaction of the Company and can still perform it satisfactorily with a maximum of forty (40) hours of refresher training. The Company shall decide whether qualifications are adequate. In the application of rights under this Section, the following limitations shall apply:
(a) Employees having one (1) but less than three (3) years' seniority may exercise their reassignment rights within the same district.
(b) Employees having three (3) or more years' seniority may exercise their reassignment rights within the same Local (4470-4474-4475-4322).
(c) Employees having ten (10) or more years' seniority may exercise their reassignment rights within the Collective Bargaining Unit.
(d) Employees exercising reassignment rights must have greater seniority than the employees they displace.
Section 24.3 When an employee exercises reassignment rights under Section 24.2 requiring relocation, the Company may select the district or sub-district where operating factors become a matter for consideration. Costs of moving to the new district or sub-district will be assumed by the employee.
Section 24.4 An employee who declines to exercise reassignment rights available under Section 24.2 does not prejudice the employee's rights for recall from layoff under the provisions of Section 24.5 of this Article.
Section 24.5 In recalling employees laid off, seniority by location and job title in reverse order of seniority within layoff shall prevail, that is, the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE laid off employee with the most seniority in will be recalled first, provided that employee is capable of performing the job classification held available, with only such time as an employee with previous experience on such job assignment would reasonably require, and except that the employee shall not be upgraded by being recalled. An employee must accept recall to an opening in that employee's regular job title or to any similar or comparable job at the original district or sub-district. Otherwise that employee shall be deemed to have quit the Company's employment. An employee may decline recall to an opening in that employee's regular job title or to any similar or comparable job at a district or sub-district other than the original district or sub-district, if to accept it would be a hardship because of geographical considerations.
Section 24.6 An employee who has been reassigned in accordance with the provisions of Section 24.2 of this Article shall have the opportunity to return to a job available in that employee's regular district or sub-district before laid-off employees of lesser seniority are recalled or new employees are engaged, provided the employee is capable of performing the job available, with only such time as an employee with previous experience on such job assignment would reasonably require and except that the employee shall not be upgraded by being returned. When offer of lay off will return has been made the employee shall accept within one (1) week of receipt of such notice and shall report for duty within two (2) weeks of the date such return is offered. Otherwise, that employee shall forfeit the right of return. Any offer of return shall be called back firstmade in person and/or by certified mail, return receipt requested, addressed to the latest address furnished by the employee. All EMPLOYEES If an employee reassigns to a higher position or is promoted, thus being higher than the position from which they were laid off, and they are assigned to the District from which they were laid off, they shall not have recall rights down to that original position.
Section 24.7 Employees who have been laid off must keep the Company informed of the address at which they can be reached. Any offer of re-employment shall have be made in person and/or by certified mail, return receipt requested, addressed to the right latest address so furnished. When an offer of written recall re-employment has been made, the employee shall accept within their job classification one (1) week of receipt of such notice and shall report for a period duty within two (2) weeks of twelve (12) months from the date oflayoffsuch re- employment is offered. If an employee fails to comply with the time limits set forth in this Section, or fails to keep the Company informed of that employee's latest correct address, that employee shall forfeit all further rights and shall be deemed to be terminated. An exception shall be allowed if temporary personal disability prevents acceptance of the recall offer.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE Section 24.8 An employee shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date receive basic wage rate of the District's letterjob to which that employee is reassigned, sent by Certified Mailor returned, or recalled, which basic wage rate is to be determined upon the EMPLOYEE's address on file in the Human Resources Office shall result in termination basis of the EMPLOYEEemployee's rights length of recall.
8.6 The SUPERINTENDENT agrees service except that no new EMPLOYEES shall the rate may not be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to higher than the part time position in their classification. If basic wage rate the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed employee held on the experience step of the salary schedule on which they were placed regular job at the time of layoff.
Section 24.9 Reductions in force will be made on the basis of either layoffs or part-timing. The Company will notify the Union at least two (2) weeks in advance before laying off or part-timing regular full-time employees provided circumstances allow the Company to give such notice. Upon request, the Company will meet with the Union to discuss its layoff or part-time plans, but this shall not preclude the Company from proceeding with such layoffs as may be necessary.
Section 24.10 Layoff allowance shall be in the amount of 100% of two (2) week’s pay for each year of service up to a maximum of thirty (30) weeks’ pay at the 100% rate which is paid in a lump sum. The number of weeks accrued will be established based on the number of years of service at the time of initial layoff. Full separation pay for reduction in force shall be paid a second time if the employee has worked twelve (12) additional months after return from his or her layoff and is again laid off. An employee who volunteers to accept permanent termination (except those employees whose job has been abolished or an employee bumped by such employee who would be automatically terminated) will be paid per the above severance schedule based on their length of service when approved by the Company.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Reduction in Force is a layoff of faculty due to a severe financial crisis or program discontinuance or reconfiguration.
15.3.1 Except in the event it is necessary case of severe financial crisis, the President of the University shall inform the president of the UFE and the colleges/department(s) affected of intent to have a implement the reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff force at least thirty ninety (3090) calendar days prior to implementation. The UFE, upon receipt of such written notice, may request a meeting to review the reasons for such intent and to recommend ways to reduce and/or eliminate the need to implement this provision.
15.3.2 Faculty layoffs shall take place utilizing the following priority: quarterly faculty/librarians, special faculty/librarians, tenure-track faculty/librarians, tenured faculty/librarians.
15.3.3 The department(s) affected shall be notified in writing of the necessary reductions by the Chief Academic Officer.
15.3.4 Within fifteen (15) working days of receipt of such notice, the college(s) and department(s)/library affected, in a manner to be determined by the deans, after consultation with the UFE, shall designate the positions, including appropriate qualifications, which are required to meet program needs. These positions will be filled by seniority, i.e., date of appointment to rank or special faculty within each department or library, utilizing the layoffpriority listed in Section 15.3.2 above, provided the faculty member filling the position has the necessary qualifications. The results of this process shall be placed in writing and sent to the Chief Academic Officer within the time limit specified above.
8.3 EMPLOYEEs who previously held another 15.3.5 Following receipt of the position within designations from the bargaining unit may requestdepartment(s), in writing, the Chief Academic Officer will notify within five (5) business days working days, those faculty members who are to be laid off.
15.3.6 For layoffs resulting from program reconfiguration or discontinuance, senior lecturers, tenure-track and tenured faculty will be given notice as follows:
(a) Senior lecturers, and tenure-track faculty within the first year of notification employment, shall be notified no later than March 1, for appointments based on the academic year, or three (3) months prior to the Reduction in Force and end of an appointment for appointments based on an alternative period.
(b) Tenure track faculty within the second year of employment shall be given notified no later than December 1 for appointments based on the opportunity academic year, or six (6) months prior to bump back into that position provided their seniority allows and they meet the minimum requirements end of the appointment for the positionappointments based on an alternative period.
8.4 The EMPLOYEE (c) Tenure-track faculty with two (2) or more years of uninterrupted tenure track service, and all tenured faculty, shall be notified no later than June 1 for appointments based on the most seniority in academic year, or twelve (12) months prior to the job classification held at end of the time of lay off appointment for appointments based an alternative period.
15.3.7 For layoffs resulting from a severe financial crisis, special faculty lecturers, probationary and tenured faculty will be called back first. All EMPLOYEES who have been laid off given notice as follows:
(a) Special faculty, and tenure track faculty within the first year of employment, shall have be provided with a minimum of three (3) months’ notice prior to their layoff.
(b) Tenure track faculty within the right second year of written recall within employment shall be provided with a minimum of six (6) months’ notice prior to their job classification for layoff.
(c) Tenure-track faculty with two (2) or more years of uninterrupted tenure-track service, and all tenured faculty, shall be provided with a period minimum of twelve (12) months from the date oflayoffmonths’ notice prior to their layoff.
8.4.1 When Bus Drivers/Bus Attendants are 15.3.8 Every effort shall be made to find suitable employment within the University for faculty laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute poolunder this Article. The riffed EMPLOYEE Tenured faculty shall have the right of first refusal opportunity to any substitute assignment in their job classificationobtain up to one (1) year’s retraining, through remunerated leaves, for other programs which have a need for additional or replacement faculty and for which the faculty member is qualified. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallNo faculty may be relocated without consultation with all departments concerned.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter15.3.9 If faculty are laid off, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES they shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.a reemployment list for up to two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have The term “layoff” shall be defined as a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retainedworking force. In the event of a layoff, probationary, part-time and temporary employees in the order of reduction shallbe:
8.1.1 PROBATIONARY employees within classification in which the job classification layoff is to occur shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES , in any order, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. Thereafter, seniority employees in the classification in which the layoff is to occur shall be laid off on the basis of seniority, least senior first, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. A seniority employee who is displaced from his own classification may exercise his seniority to displace the least senior employee in a classification at an equal pay rate or in a classification at the inverse order next lowest pay rate for which he is qualified and able to perform the work of the employee to be displaced. A full-time employee of the Sheriff’s Department who formerly held the position of Court Security Deputy, Corrections Deputy or Corrections Shift Leader and on or before the date of this Agreement transferred into a professional association representing employees of the Midland County Sheriff’s Department, a full-time employee who transfers out of the bargaining unit into the Midland Patrol Deputies Association, the Midland County Command Officers Association, or to part-time status, and a part-time employee who transfers out of the bargaining unit into the Midland Patrol Deputies Association or the Midland County Command Officers Association, shall retain the seniority within he earned through the job classification.
8.2 The UNION date of such transfer. Subject to the provisions hereinafter provided, if such former employee is later laid off from either of such units or a part-time position, he may utilize the seniority previously earned to bump a less senior employee who (1) holds a position in a classification previously held by such former employee, or (2) is in a classification at a lower rate of pay than that previously held by such former employee. In either circumstance, the returning former employee must be qualified and able to perform the EMPLOYEES shall work of the employee he seeks to bump with an orientation period of ten (10) days or less. Employees to be given laid off for an indefinite period of time will receive at least seven (7) calendar days written notice of layoff at least thirty (30) calendar days prior layoff. The Association shall receive a list from the County’s Director of Human Resources of the employees being laid off on the same date the notices are issued to the date employees. When the work force is increased after a layoff, seniority employees will be recalled in order of seniority, most senior first, provided the employee to be recalled is qualified and able to perform the available work as scheduled. Notice of recall may be by telephone, confirmed by certified mail to the employee’s last known address, with a copy to the Association. Employees will be granted up to ten (10) working days to return to work, upon request of the layoffemployee.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 1. The Board may reduce the event it is necessary to have number of employees in case of retrenchment necessitated by financial exigency, reorganization, or other cause determined by the Board of Education.
2. The Superintendent shall announce when a reduction in staffforce is necessary and seniority shall be the basis for reducing positions.
3. Seniority will be defined as length of continuous service from the most recent date of employment in a bargaining unit classification in the Plain Local School District. Approved Leaves of Absence shall not break seniority, nor shall they count toward seniority.
4. When reduction in force becomes necessary, it shall occur within a classification: Non-tenured shall be the first ones released. Tenured shall be the last ones released.
5. The employees reduced or laid off shall be notified by certified mail and/or receipted methods.
6. Once announced, the SUPERINTENDENT, in accordance with Board shall provide a certified list to the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, Association on the order of reduction shallbe:recall.
8.1.1 PROBATIONARY employees within 7. An employee whose name appears on the job classification Reduction in Force list shall be laid off firstoffered re-employment when a position becomes available. Drivers shall be recalled in descending order of seniority. No new drivers shall be employed by the Board while there are drivers on the Reduction in Force list.
8.1.2 Full-time regular (non-probationary) EMPLOYEES 8. Employees being recalled shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION notified by certified mail and the EMPLOYEES shall be given written notice of layoff at least thirty have ten (3010) calendar working days prior to from the date of receipt to respond affirmatively. It shall be the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within driver’s responsibility to make appropriate arrangements for forwarding or receipt of mail if he/she will be away from his/her address for more than five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionworking days.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification9. If the riffed EMPLOYEE employee fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of affirmative upon recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during shall be removed from the recall periodlist and the Board of Education shall have no further obligation.
8.7 10. The SUPERINTENDENT agrees that recalled EMPLOYEES recall list shall be placed on the experience step of the salary schedule on which they were placed at the time of layoffmaintained for two (2) years.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In SECTION 12.1 The City agrees that in the event it that the possibility of a lay-off exists, or is necessary to have a reduction in staffcontemplated, affecting employees of the Police Division, the SUPERINTENDENT, in accordance with City will notify the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given Union representatives by written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within no later than twenty-one (21) calendar days prior to the first day of the possible lay-off. Such notification shall be for the purpose of establishing discussions between the parties in order to develop mutually acceptable alternatives to prevent or overcome
SECTION 12.2 When it becomes necessary in the Police Division, through lack of work or funds or for other causes, to reduce the force of such Division, lay-offs shall be conducted on a classification basis as determined by the City. Employees will be laid off from the postmark date affected classification in accordance with their seniority with the employee(s) with the least seniority being laid off first. An employee laid off shall be allowed to bump less senior employees in positions for which the senior employee is qualified. When a position above the rank of Patrolman is abolished and the incumbent in that position has been permanently appointed, the officer with the least seniority within the rank of the District's letter, sent by Certified Mail, position abolished shall be demoted to the EMPLOYEE's address on file next lower rank and the officer in the Human Resources Office next lower ranks shall result in termination of be demoted, and so on down until the EMPLOYEE's rights of recallperson with the least seniority has been reached, who shall be laid off.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES SECTION 12.3 Employees who are laid off shall be hired placed on a recall list for a period of two (2) years. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. An employee may be recalled to any position for which he is qualified. If the position he held before being laid off subsequently becomes available and if the employee has been recalled to a different position, the employee shall have first option to return to that position.
SECTION 12.4 If an employee is recalled to a position in a lower-rated job classification, he shall have the right to return to the job classification he held prior to being laid off in the event it subsequently becomes available. The City shall not hire new employees in bargaining unit positions as long as there are EMPLOYEES still employees on layoff the recall list who are presently physically qualified to perform the work in that the affected job classification who have recall rights unless a sufficient number of positions exist and are willing to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE be recalled to said classification.
SECTION 12.5 An employee to be recalled will be given first right informed of refusal his reemployment in the form of a written notice. This notice shall be considered received by the employee when mailed by certified mail to the part time last-known address of the employee as shown on the City's personnel records. It shall be the responsibility of each employee on lay-off to keep the City advised of his current address. Within fifteen (15) calendar days after notice of reemployment is mailed, the employee must advise the City in writing of his acceptance of reemployment and his ability to commence employment on the date specified in the notice. Any and all reemployment rights granted to an employee shall terminate upon such employee's failure to respond and to accept within fifteen (15) calendar days any position in their classification. If offered to the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodemployee.
8.7 SECTION 12.6 Employees so laid off may elect to continue medical and dental coverage in accordance with applicable law. The SUPERINTENDENT agrees that recalled EMPLOYEES employee shall be placed on pay the experience step of monthly group premium rate in advance each month plus the salary schedule on which they were placed at City’s actual administrative expense for the time of layoffcoverage.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In The parties recognize the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event principle of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the application of this Agreement, concerning reduction in force, provided the employee is fully qualified to perform the duties and responsibilities of the position. For purposes of this section, the term ‘position elimination’ shall mean that either that: 1) there is no job classification held assignment available for an employee; or 2) that the employee’s scheduled time has been reduced below health insurance benefit eligibility, where the affected employee is actually participating in the district’s health insurance plan at the time of lay off the reduction. An employee whose position has been eliminated or who has been displaced from a position by another employee pursuant to this agreement may not displace any other employee who is assigned to a greater number of scheduled hours, nor any employee who is assigned to a job classification requiring a higher level of licensure. Layoffs shall not be considered a break in continuous service. When a vacancy occurs, the position will be called back firstposted and filled according to the provisions of this Agreement. All EMPLOYEES who have been laid off When any employees are on layoff, a vacant position will be available to all current employees for application, but an employee on layoff may apply for such a position. An employee on layoff shall have the retain this seniority and right of written to recall within their job classification in seniority order for a period of twelve sixteen (1216) months from after the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due of layoff. An employee whose position is to be reduced will be notified in writing, with a Reduction in Forcecopy to the union xxxxxxx. If an employee is to be recalled after layoff, the riffed EMPLOYEE(sdistrict will either a) may move have verbal conversation with the employee; or b) send written communication of a registered letter, receipt requested, to the substitute poolemployee’s address on file with the district notifying the employee of the recall, with a copy to the union xxxxxxx. It is the employee’s responsibility, while on layoff, to ensure that the district has accurate contact information for the employee. An employee may notify the district in writing in advance of dates when the employee will not be able to receive mail at the employee’s address on file, (i.e., the employee is on vacation, at a forwarding address, out of town, etc.) If the employee will be unavailable, as stated above, and the employee provides the district with an alternate contact method, the district will use the alternate contact method to notify the employee of the recall if one arises. The riffed EMPLOYEE shall have notice of recall will specify by when the right of first refusal employee must accept the recall in order to any substitute assignment in their job classificationretain continued employment. If the riffed EMPLOYEE fails to accept The period offered for consideration will be no less than three (3) substitute assignments in their job classificationcalendar days. The three calendar days for consideration shall commence when the district provides the alternate notice. If the employee cannot be contacted for a period of time, the EMPLOYEE district will lose his / her first refusal right but will retain hold the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-position for the employee’s consideration for one (211) calendar week. If the employee does not respond to the notice of recall within the specified time, or if the employee declines the recall, the employee’s employment will be terminated and the employee will have no further rights to recall. If the employee accepts the recall, the employee will not be expected to return to work in less than fourteen (14) calendar days from after acceptance, unless the postmark date of district and the District's letter, sent by Certified Mail, employee mutually agree to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallan earlier return to work date.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. 8.1 In Section 12.1 The City agrees that in the event it that the possibility of a lay-off exists, or is necessary to have a reduction in staffcontemplated, affecting employees of the Police Division, the SUPERINTENDENT, in accordance with City will notify the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given Union representatives by written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within no later than twenty-one (21) calendar days prior to the first day of the possible lay-off. Such notification shall be for the purpose of establishing discussions between the parties in order to develop mutually acceptable alternatives to prevent or overcome the need for the proposed lay-off. Upon request of the Union, the City shall conduct a labor/management conference within said twenty-one (21) days to discuss proposed lay-offs.
Section 12.2 When it becomes necessary in the Police Division, through lack of work or funds or for other causes, to reduce the force of such Division, lay-offs shall be conducted on a classification basis as determined by the City. Employees will be laid off from the postmark date affected classification in accordance with their seniority with the employee(s) with the least seniority being laid off first. An employee laid off shall be allowed to bump less senior employees in positions for which the senior employee is qualified. When a position above the rank of Police officer is abolished and the incumbent in that position has been permanently appointed, the officer with the least seniority within the rank of the District's letter, sent by Certified Mail, position abolished shall be demoted to the EMPLOYEE's address on file next lower rank and the officer in the Human Resources Office next lower ranks shall result in termination of be demoted, and so on down until the EMPLOYEE's rights of recallperson with the least seniority has been reached, who shall be laid off.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES Section 12.3 Employees who are laid off shall be hired placed on a recall list for a period of two (2) years. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their lay-off. An employee may be recalled to any position for which he is qualified. If the position he held before being laid off subsequently becomes available and if the employee has been recalled to a different position, the employee shall have first option to return to that position.
Section 12.4 If an employee is recalled to a position in a lower-rated job classification, he shall have the right to return to the job classification he held prior to being laid off in the event it subsequently becomes available. The City shall not hire new employees in bargaining unit positions as long as there are EMPLOYEES still employees on layoff the recall list who are presently physically qualified to perform the work in that the affected job classification who have recall rights unless a sufficient number of positions exist and are willing to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE be recalled to said classification.
Section 12.5 An employee to be recalled will be given first right informed of refusal his re-employment in the form of a written notice. This notice shall be considered received by the employee when mailed by certified mail to the part time position last-known address of the employee as shown on the City's personnel records. It shall be the responsibility of each employee on lay-off to keep the City advised of his current mailing address. Within fifteen (15) calendar days after notice of re-employment is mailed, the employee must advise the City in their classificationwriting of his acceptance of re-
Section 12.6 Employees so laid off may elect to continue hospitalization, medical, and dental coverage by paying the monthly group rate premium in advance each month for a period not to exceed eighteen (18) months. If The employee shall pay the EMPLOYEE accepts City's actual administrative expense for the part time position, he/she will maintain their recall rights coverage during the recall eighteen-month period, in accordance with his rights under COBRA.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In The Employer shall have the event right to reduce its work force in its building pursuant to this Agreement provided that it is necessary can establish that the changes listed below eliminate an amount of work similar to have a the proposed reduction in staffworker hours:
(i) Vacancies in the building;
(ii) Reconstruction of all or part of building;
(iii) The tenant performing the work itself. If the Employer seeks to reduce its work force it shall give four (4) weeks' written notification to the Union of any anticipated reduction in force. The Employer shall also give one (1) week's notice of layoff (or discharge), the SUPERINTENDENTor, in accordance lieu thereof, an additional one (1) week’s pay to any employee employed for one (1) year or more. The one (1) week's pay provided herein shall be in addition to any termination pay and/or accrued vacation pay that might be due to the employee. The notice should inclu de the specific reason for the reduction and the number of worker hours being reduced. Up on request of the Union, additional information with respect to changes in work assignments occasioned by the provisions set forth in this article, reduction shall determine which EMPLOYEES are to be retainedprovided. In the event of layoffthat the four (4) weeks' notice provided for herein is not given and the Employer lays off employees pursuant to this provision, the order Employer shall pay an amount equal to the laid -off employees' wages and fringe benefits (including, but not limited to Pension, Health, Training, Legal and SRSF Fund Contributions, Holidays, Vacation, Sick Pay and Premium Pay) for the period beginning with the layoff until four (4) weeks after the Employer notifies the Union or the issuance of a final arbitration award whichever is sooner but in no event less than four (4) weeks, even if the layoff is upheld by th e arbitrator. The arbitrator shall not grant any adjournments of reduction shallbe:
8.1.1 PROBATIONARY employees within in force cases without mutual consent. In the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off event that a reduction in the inverse order of seniority within the job classification.
8.2 The UNION work force is implemented pursuant to this section, and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days reason for the reduction ceases to exist, the work force that existed prior to the date reduction shall be restored. In the event that the Employer desires to implement a reduction in force among employees working in its building that is not provided for above, it may do so provided that it can demonstrate to the Union that such reduction is justified. No such reduction may be implemented without the written consent of the layoff.
8.3 EMPLOYEEs who previously held another position within Union. For any violation by the bargaining unit may request, in writing, within five (5) business days Employer of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE any provision which deals with the most seniority necessity of obtaining the written consent of the Union regarding a decrease in the job classification held at the time number of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right employees and/or hourly work schedules and maintenance of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Forceconditions on all jobs, the riffed EMPLOYEE(s) may move to Employer shall pay the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date fee of the District's letter, sent by Certified Mail, to Contract Arbitrator and all expenses in connection with the EMPLOYEE's address on file in the Human Resources Office shall result in termination arbitration of the EMPLOYEEdispute, including but not limited to counsel fees, auditor's rights of recallfees, arbitration costs and fees and court costs.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 2 contracts
Samples: Independent Loft Agreement, Independent Loft Agreement
REDUCTION IN FORCE. 8.1 In 21-1 The School District retains the event it is necessary right, without negotiation, to have determine when a reduction in staffforce is necessary, the SUPERINTENDENTnumber of individuals whose employment must be terminated, and the areas of employment and/or school district operations within which such reductions in force will occur. Before the District initiates any reduction in force, the District will notify the president or a member of the Classified Executive Board at least fourteen (14) days prior to the written sixty (60) calendar day notification. (2011) 21-2 Reductions in force will be accomplished in accordance with the provisions procedures hereinafter set forth forth.
21-2-1 Reduction shall be made first among all probationary employees whose employment is within the areas of employment and/or school district operations within which such reductions in this article, shall force will occur. (2010) 21-2-2 District seniority within the targeted job family will determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationforce. If the riffed EMPLOYEE fails employee is RIF’d from a targeted job family and has seniority in other families, the employee retains bumping rights in their previous family. (2014)
21-2 3 If an employee assumes a lower paying position he/she will be guaranteed his/her present hourly wage for at least one (1) full calendar year. (2013) 21-2-4 Those RIF’d employees with seniority will be placed first, in a lateral position with hours and days, if possible, remaining the same. The RIF’d employee with seniority shall be able to accept bump like-to-like within the targeted family with less seniority starting at the last hired with same hours and days, if possible. (2014) 21-4 Released employees shall be considered on leave of absence for three (3) substitute assignments in their job classificationyears from the date of lay- off. After three (3) years, the EMPLOYEE will lose his / her first refusal right but will retain District has no obligation to recall the right laid-off employee. Each employee placed on leave of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letterabsence, sent by Certified Mailas aforementioned, to the EMPLOYEE's address on file shall be reinstated in the Human Resources Office shall result reverse order in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed dismissed at such time as there is a position open for which they are qualified, without resulting in promotion. (2013) Open positions will be advertised within the district for transfer requests from existing employees first before RIF employees are recalled from the recall list. A recalled employee will be reinstated at the time of layoff.same salary step and benefits (subject to 21-2) as when they were released or the next higher salary step if they completed at least six months on the previous salary step and would have moved to a higher step if they had not been RIF'd. The recalled employee will also be reinstated with their original seniority date. (2014)
Appears in 2 contracts
Samples: Negotiation Agreement, Negotiation Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have that a reduction in staffforce is deemed necessary by the Board, the SUPERINTENDENT, in accordance with president of the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification Association shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, notified within five (5) business days of notification to when the Board took this action.
8.2 Reduction in Force and force shall first be accomplished by staff turnover whenever possible.
a. ESP will have reduction in force rights in their current job classification within their employing school district or the WCSU at the time of any reduction. If ESP turnover does not eliminate the need for a reduction in force, the ESP with the least seniority in the affected classification shall be given laid off, provided that remaining ESP are qualified to perform the opportunity work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal.
(1) For purposes of this Article, seniority within any WCSU will be computed from the beginning of the ESP’s most recent period of continuous employment within the WCSU in the job classification. This period of continuous employment will begin to bump back into that position provided their seniority allows and they meet accrue as of the minimum requirements first day worked for the positiondistrict. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the district. In the event an ESP accepts a bargaining unit position in a different classification within their employing school district he/she shall begin to accrue seniority in the new classification, but shall retain his/her former seniority in the previous classification, which shall be restored to him/her in the event the ESP returns to a position in the previous classification within the same district without a break in service.
8.4 (2) The EMPLOYEE provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/Personal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the WCSU. For purposes of this Article, seniority among paraeducators and behavior/personal care attendants employed by the WCSU will be computed from the beginning of the paraeducator’s and behavior/personal care attendant’s most seniority recent period of continuous employment in the job classification held at within the time WCSU or any school district of lay off the WCSU. This period of continuous employment will begin to accrue as of the first day worked for the WCSU or the district. Seniority will be called back firstdetermined by the first day of work. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from If it is equal, it will be determined by the date oflayoffthe paraeducator or behavior/personal care attendant signed the contract with the district or the WCSU. The job classifications covered by this section and the use of the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Academic Coordinators, Speech Language Assistants, Pre-Kindergarten Assistants and Behavior/Personal Care Attendants.
8.4.1 When Bus Drivers/Bus Attendants are laid off c. Upon an ESP changing jobs within a school district (or the WCSU, when applicable) due to a Reduction in Force, RIF or Recall from RIF all of the riffed EMPLOYEE(s) may move ESP’s leave benefits shall carry forward to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job ESP’s new job/classification, insofar as the EMPLOYEE will lose his / her first refusal right but will retain new position has comparable benefits; otherwise, leave would be handled as if the right of recallESP separates from employment with the District.
8.5 An EMPLOYEE's failure d. Seniority will continue to respond affirmatively within twenty-one (21) calendar days from the postmark date accrue during all paid leaves of the District's letterabsence. Seniority will not be broken by unpaid leaves of absence, sent or by Certified Maillayoff, to the EMPLOYEE's address on file but such time will not be counted in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallcomputing seniority.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired e. Seniority in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE each school district or within the WCSU will be given first right established annually as of refusal to February 1 for the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodpreceding fiscal year.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed f. ESP regularly scheduled to work at least thirty-five (35) hours per week accrue seniority on the experience step of the salary schedule on which they were placed at the a full-time of layoff.basis; ESP regularly scheduled to work less than thirty-five
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Reduction in Force is a layoff of faculty due to a severe financial crisis or program discontinuance or reconfiguration.
15.3.1 Except in the event it is necessary case of severe financial crisis, the President of the University shall inform the president of the UFE and the colleges/departments(s) affected of intent to have a implement the reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff force at least thirty ninety (3090) calendar days prior to implementation. The UFE, upon receipt of such written notice, may request a meeting to review the reasons for such intent and to recommend ways to reduce and/or eliminate the need to implement this provision.
15.3.2 Faculty layoffs shall take place utilizing the following priority: adjunct faculty/librarians, special faculty/librarians, tenure-track faculty/librarians, tenured faculty/librarians.
15.3.3 The department(s) affected shall be notified in writing of the necessary reductions by the Chief Academic Officer.
15.3.4 Within fifteen (15) working days of receipt of such notice, the college(s) and department(s)/library affected, in a manner to be determined by the deans, after consultation with the UFE, shall designate the positions, including appropriate qualifications, which are required to meet program needs. These positions will be filled by seniority, i.e., date of appointment to rank or special faculty within each department or library, utilizing the layoffpriority listed in Section 15.3.2 above, provided the faculty member filling the position has the necessary qualifications. The results of this process shall be placed in writing and sent to the Chief Academic Officer within the time limit specified above.
8.3 EMPLOYEEs who previously held another 15.3.5 Following receipt of the position within designations from the bargaining unit may requestdepartments(s), in writing, the Chief Academic Officer will notify within five (5) business days working days, those faculty members who are to be laid off.
15.3.6 For layoffs resulting from program reconfiguration or discontinuance, senior lecturers, tenure-track and tenured faculty will be given notice as follows:
(a) Senior lecturers, and tenure-track faculty within the first year of notification employment, shall be notified no later than March 1, for appointments based on the academic year, or three (3) months prior to the Reduction in Force and end of an appointment for appointments based on an alternative period.
(b) Tenure-track faculty within the second year of employment shall be given notified no later than December 1 for appointments based on the opportunity academic year, or six (6) months prior to bump back into that position provided their seniority allows and they meet the minimum requirements end of the appointment for the positionappointments based on an alternative period.
8.4 The EMPLOYEE (c) Tenure-track faculty with two (2) or more years of uninterrupted tenure track service, and all tenured faculty, shall be notified no later than June 1 for appointments based on the most seniority in academic year, or twelve (12) months prior to the job classification held at end of the time of lay off appointment for appointments based on an alternative period.
15.3.7 For layoffs resulting from a severe financial crisis, special faculty lecturers, probationary and tenured faculty will be called back first. All EMPLOYEES who have been laid off given notice as follows:
(a) Special faculty, and tenure-track faculty within the first year of employment, shall have be provided with a minimum of three (3) months’ notice prior to their layoff.
(b) Tenure-track faculty within the right second year of written recall within employment shall be provided with a minimum of six (6) months’ notice prior to their job classification for layoff.
(c) Tenure-track faculty with two (2) or more years of uninterrupted tenure- track service, and all tenured faculty, shall be provided with a period minimum of twelve (12) months from the date oflayoffmonths’ notice prior to their layoff.
8.4.1 When Bus Drivers/Bus Attendants are 15.3.8 Every effort shall be made to find suitable employment within the University for faculty laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute poolunder this Article. The riffed EMPLOYEE Tenured faculty shall have the right of first refusal opportunity to any substitute assignment in their job classificationobtain up to one (1) year’s retraining, through remunerated leaves, for other programs which have a need for additional or replacement faculty and for which the faculty member is qualified. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallNo faculty may be relocated without consultation with all departments concerned.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter15.3.9 If faculty are laid off, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES they shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.a reemployment list for up to two
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 32.1 The employer in its sole discretion shall determine whether layoffs are necessary or advisable. If a layoff is deemed necessary or advisable by the event it is necessary to have a reduction in staffCounty, employees will be laid off from the SUPERINTENDENT, effected classification in accordance with their seniority, and their ability to perform the provisions set forth in this articleremaining work available without further training. Ability to perform the remaining work may require the possession of a valid license related to such work. Work requirements and the determination of qualifications to perform such work shall rest solely with the County. When two or more employees have relatively equal experience, shall determine which EMPLOYEES are skill, ability and qualifications to be retained. In do the event of layoffwork, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within employee(s) with the job classification shall least seniority will be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES 32.2 Employees who are displaced shall be moved into existing open positions, provided the County elects to fill such open position, within the bargaining unit for which they possess the minimum qualifications. The more senior displaced employee(s) shall have first choice of available openings. Displaced employees may also request transfer to open positions outside the bargaining unit in accordance with Chapter 68 of the Kent County Code (Personnel Policy) as it may be amended from time to time.
32.3 If no open position is available within the bargaining unit for a displaced employee to move to, the displaced employee may then bump the least senior employee in another classification within his/her Work Section, provided the displacing employee has the skill, ability and/or experience to perform the necessary work required by that job classification.
32.4 Employees who are laid off shall be given at least two (2) weeks advance notices of their separation from the payroll, and will be placed on a re-employment eligibility list for a period of one year. When an opening occurs within the bargaining unit, employees will be recalled in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the their layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE accordance with the most seniority in Promotions and Openings Article of this agreement. If the recall is to the job classification held at from which the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time positionemployee was separated, he/she will maintain their be presumed qualified. If such recall rights during is to a position outside the bargaining unit, the laid off an employee may elect to decline the recall period.
8.7 The SUPERINTENDENT agrees that without losing the right to be recalled EMPLOYEES shall be placed on to openings within the experience step bargaining unit. Recall to positions outside of the salary schedule on which they were placed bargaining unit will be in accordance with Chapter 68 of the Kent County Code (Personnel Policy) as amended from time to time. Such notice of recall will be sent by certified mail to the employee's last known address, and shall provide at least a two (2) week advance notice of the time of layoffreturn to work date.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, The School Committee shall determine which EMPLOYEES are to be retainedthe number of Unit D employees for each school year. In the event of layoffa reduction in force, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off who have good cause status in the inverse order of seniority within school year in which the job classification.
8.2 The UNION and the EMPLOYEES layoff is to be effective, who are impacted by a reduction, shall be given written receive notice of the layoff at least not less than thirty (30) calendar days prior to the effective date of said layoff. The determination of Unit D employees to be laid off shall be based upon the following:
1. Seniority which shall mean the length of continuous employment in the Weymouth School System in the bargaining unit from the initial date of hire. (In the event of a tie, lots shall be drawn to establish the placement of the list.);
2. When a reduction takes place, layoff will be in reverse order of hiring per the seniority list, and;
3. In the event that an employee chooses to bump a less senior employee, the Administration shall have the right to refuse the employee's first choice of position. Said refusal shall be in the best interests of the school system. There shall be a recall period of twenty-four (24) months from the date of the layoff.
8.3 EMPLOYEEs who previously held another position within . Upon return during said recall period, all rights and benefits that had accrued prior to the bargaining unit may requestlayoff shall be restored to the employee. Recall shall be done in the reverse order of the layoff. The employer will notify an employee of a recall opportunity by email, in writing, within five copied to the WEA president. The employee shall have ten (510) business days of notification to respond to the Reduction in Force and shall be given employer. If the opportunity employee fails to bump back into that position provided their seniority allows and they meet respond within ten (10) business days, the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off employee will be called back firstdeemed to have refused the recall opportunity and will be removed from the recall list. All EMPLOYEES who have been laid off It is the employees’ responsibility to update the employer with their personal email address during this recall period. The employee shall have the right of written to refuse a job offering during that twenty-four-month recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Forceperiod; provided, the riffed EMPLOYEE(s) may move job offering is substantially dissimilar to the substitute pool. The riffed EMPLOYEE shall have position from which the right of first refusal to any substitute assignment in their job classificationemployee was laid off. If the riffed EMPLOYEE fails employee accepts a job offering to accept three (3) substitute assignments in their job classificationa substantially dissimilar position, the EMPLOYEE will employee shall not lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during for the remainder of the recall period.
8.7 The SUPERINTENDENT agrees ; however, if a similar position becomes available during the school year, said employee shall remain in the position they accepted for that recalled EMPLOYEES school year and will be eligible for the similar position for the next school year. If an employee refuses a job offering to a substantially similar position, they shall be placed on removed from the experience step of the salary schedule on which they were placed at the time of layoffrecall list.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff(a) If forces are reduced, the SUPERINTENDENT, employees affected will exercise their seniority in accordance with Rule 9. Employees exercising seniority under this rule, will receive a day's pay for each day of traveling at the provisions set forth rate of pay for the position they are leaving, actual necessary expenses en route, automobile mileage established at the Carrier's current rate as established in this articleAppendix R, and transportation as authorized for dependent members of their families and household goods. The Carrier shall determine the manner in which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification household goods shall be laid off firstmoved, except that it shall not be by freight car. They will receive the rate of pay for the new position from the time they actually start work thereon.
8.1.2 Full-time regular (non-probationaryb) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within Not less than five (5) business days of notification working days' notice will be given before forces are reduced or positions abolished. (See Emergency Force Reduction, Appendix J)
(c) Employees will be notified in writing if they are to be placed in furloughed status. Employees must keep their designated officer advised in writing, with copy to the Reduction in Force and shall General Chairman, of the address at which they may be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time called back. In restoration of lay off forces, furloughed employees will be called back firstin the order of their seniority, and if they return to service within fifteen (15) days, they will retain their seniority. All EMPLOYEES who have been laid off Furloughed employees failing to return to service within fifteen (15) days of notice given to them at their last address will forfeit all seniority and their names shall have the right of written recall within their job classification for be removed from all seniority rosters, unless a period of twelve an additional 15 days is approved by management. Furloughed employees prevented from reporting due to sickness or disability, must request leave of absence as per Rule 12 within fifteen (1215) months from the date oflayoffdays of such notice.
8.4.1 When Bus Drivers/Bus Attendants are (d) Employees restored to service will not be laid off due to a Reduction again without the same amount of advance notice as provided in ForceSection (b) of this rule.
(e) In reduction or restoration of force, the riffed EMPLOYEE(s) may move list of employees laid off or called back will be furnished to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallGeneral Chairman.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21f) calendar days from Employees in furloughed status who accept a craft transfer with the postmark date of company, will, upon application, be furnished with the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file same transfer benefits set forth in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallRule 22.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Samples: Telecommunications Agreement
REDUCTION IN FORCE. 8.1 10-01. In the event it is becomes necessary for the Superintendent to have reduce the number of Assistants because of decrease in pupil enrollment, reduction of the budget or for other financial reasons, the procedures set forth in the Article will govern the termination and re- employment of Assistants affected:
a. To the extent possible, natural attrition will be used to reduce positions.
b. In determining which assistant will be laid off to accomplish a reduction in staffforce, the SUPERINTENDENT, in accordance with Superintendent or designee will consider the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event qualifications of layoffemployees, the order quality of reduction shallbe:
8.1.1 PROBATIONARY employees within past performance, as shown by all written evaluations on file, and the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall versatility and needs of the system. Where in the Superintendent’s judgment the above factors are substantially equal, Assistants will be laid off in the inverse order of length of continuous service as Assistants in the system, those with the least seniority within the job classificationto be terminated first.
8.2 10-02. The UNION and Superintendent or designee will attempt to notify assistants by June 1, but in any event will notify them no later than the EMPLOYEES shall last day of the school year preceding the layoff. Should layoff occur during the school year, the Assistant will be given written notice of layoff notified at least thirty (30) calendar days prior before the layoff is to the date of the layofftake effect.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay 10-03. All Assistants laid off will be called back first. All EMPLOYEES who have been laid off shall have the right of written placed on a recall within their job classification list for a period of twelve (12) months and will be recalled in the reverse order of layoff within classification. If a classification is exhausted, the following provisions apply:
a. Assistants will be notified of vacancies through the normal posting process and be able to accept positions outside of their classification, if their classification is exhausted, and if they have the necessary qualifications and the Superintendent or designee determines that with minimal on-the-job training they will be able to perform the duties of the vacant position.
b. No new Assistant will be hired until all Assistants with rights of recall from layoff according to this Article, who have the necessary qualifications, have been offered the available position.
10-04. Recall Procedures: A letter sent regular mail to the last address on file at the Human Resource office will constitute recall notice. Failure to provide electronic or other written acceptance within fourteen (14) days will result in elimination from the date oflayoffrecall list. The recall letter will state the location and the number of hours per week of the position to which the instructional assistant is being recalled. Human Resource staff will not be responsible for employee inquiries regarding specific responsibilities, start and end times of the assignment, and/or the identification of the supervising teacher. Such inquiries shall be directed to the Building Principal or Special Education Program Coordinator.
8.4.1 When Bus Drivers/Bus Attendants 10-05. If two (2) or more Assistants are laid off due effective the same date, for purposes of recall their order of layoff will be according to seniority.
10-06. To expedite the filling of a Reduction in Forcevacant position, the riffed EMPLOYEE(sSuperintendent or designee may notify more than one (1) may move person on the list of a possible vacancy, indicating whether they have first or lesser rights to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallposition.
8.5 An EMPLOYEE's failure to respond affirmatively 10-07. Any Assistant who is laid off and who is recalled within twenty-one (211) calendar days from year will regain the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights seniority and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal credited with the accumulated sick leave to the part time position in their classification. If the EMPLOYEE accepts the part time position, hewhich she/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed he was entitled at the time of layoff.
Appears in 1 contract
Samples: Employment Agreement
REDUCTION IN FORCE. 8.1 In If, at the event sole discretion of the Town, reductions in force become necessary, the Town and the Association agree to abide by the Civil Service Law and the Suffolk County Rules for the Classified Service. For positions not encompassed therein, in the non-competitive or labor class, the following procedures shall be used:
1) Subject to Sections 85 and 86 of the Civil Service Law, layoffs will be made within each department within each classification according to seniority as it is necessary defined above.
2) Any permanent, full time employee may retreat by displacing the incumbent with least seniority who is serving in a position in the title in which the displacing incumbent last served on a permanent basis prior to service in the title from which they are currently laid off or displaced. Retreat shall occur only where the position in the title formerly held is occupied in the same department and the incumbent has less seniority than the displacing incumbent.
3) The service of the displacing incumbent in the title to which he/she is retreating need not have been in the same department as the one from which he/she is displaced.
4) Any employee may also retreat to a reduction position in staffa title which that employee last held on a permanent basis although there was intervening service on other than a permanent basis.
5) Where a title change has been effected to better describe the duties of a position, but the duties have not substantially changed since the displacing employee last served in that title, the SUPERINTENDENTnew title will, in accordance with the provisions set forth in this articlefor retreat purposes only, shall determine which EMPLOYEES are be deemed to be retained. In comparable to the event of layoffformer title.
6) Before hiring any new employee, the order of reduction shallbe:
8.1.1 PROBATIONARY available work will be forwarded to all employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given same classification by sending a written notice of layoff at least thirty (30) calendar days prior to the employee by certified mail, return receipt requested, directing him/her to return to work at a date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within and time not less than five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar nor more than ten days from the postmark date mailing of such notice. Failure of the District's letter, sent by Certified Mail, said employee to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES report as required shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of deemed refusal to work. For positions not encompassed within Civil Service Law and the part time position in their classification. If Suffolk County Rules for the EMPLOYEE accepts Classified Service, the part time position, he/she will maintain their obligation of notice and recall rights during shall only be for the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step period of the salary schedule on which they were placed at the time of layoff.twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event (a) When it is becomes necessary to have a reduction in staffreduce expenses, the SUPERINTENDENTforce will be reduced, in accordance with seniority as per Rules 12 and 25 to govern, the provisions set forth in employees affected to take the rate of the job to which their seniority entitles them. Employees exercising seniority under this articlerule, will receive a day's time for each day of traveling, at the rate of pay for the position they are leaving, actual necessary expenses en route, automobile mileage established at the Carrier's current rate, and free rail or other transportation as authorized for dependent members of their families and household goods. The Carrier shall determine the manner in which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification household goods shall be laid off firstmoved, except that it shall not be by freight car. They will receive the rate of pay for the new position from the time they actually start work thereon.
8.1.2 Full-time regular (non-probationaryb) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within Not less than five (5) business days working days' notice will be given before forces are reduced or positions abolished. (See emergency provisions.)
(c) Employees laid off in reduction of notification force must keep their designated officer advised in writing, with copy to the Reduction in Force and shall General Chairman, of the address at which they may be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time called back. In restoration of lay off forces, furloughed employees will be called back firstin the order of their seniority, and if they return to service within fifteen (15) days, they will retain their seniority. All EMPLOYEES who have been Furloughed employees failing to return to service within fifteen (15) days of notice given to them at their last address will forfeit all seniority an their names shall be removed from all seniority rosters, unless prevented by sickness or disability, in which case they must request leave of absence as per Rule 15 within fifteen (15) days of such notice.
(d) Employees restored to service will not be laid off shall have aga in without the right same amount of written recall within their job classification for a period advance notice as provided in Section (b) of twelve (12) months from the date oflayoffthis rule.
8.4.1 When Bus Drivers/Bus Attendants are (e) In reduction or restoration of force, list of employees laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE or called back will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodfurnished General Chairman.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Samples: Schedule Agreement
REDUCTION IN FORCE. 8.1 In An employee will receive fifteen (15) working days advance notice of layoff with a copy of such notice to the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retainedUnion. In the event of layoffa reduction in force, the City shall determine the order of reduction shallbe:
8.1.1 PROBATIONARY layoff based upon the qualifications, performance evaluations of record, specializations needed for retained positions, and seniority with the union. When these factors are equal, employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse reverse order of seniority. Employees may “bump” or displace to a position in the same or lower pay grade if they meet the minimum qualifications and if their seniority exceeds that of the other employee’s in the pay grade. For the purpose of bumping into the municipal court, an employee may bump or displace, if in addition, he/she meets the qualifications for the job and the needs of the court and the Judge. If the Judge in his or her discretion declines to accept the application and an employee who was eligible to bump is laid off due to the Judge’s decision, that employee shall be entitled to one month of severance pay. In addition, the City shall pay directly to the insurance provider up to three months of insurance premiums as set forth in Article IX for the employee. Upon receipt of the Official Notice of Reduction in Force that will be mailed to the employee’s address on file with the City, the employee will have a period of 10 working days in which to consider employment options. The Official Notice will include information pertaining to the employee’s right to displace other employees as outlined in this section. A copy of the Official Notice will be sent to the union. Employees wishing to exercise their displacement rights must provide to the Human Resources Department, a Statement of Intent to Displace within the job classification.
8.2 10 working day notice period. Along with the Statement of Intent to Displace, the employee must identify a maximum of three positions, listed in priority order, for which they are qualified and for which they have the required level of seniority. The UNION employee must also include a full and the EMPLOYEES complete description of verifiable qualifications for each position identified. The City shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, review within five (5) business days working days, in order, the employee’s displacement choices based on their qualifications, performance evaluations of notification record, specializations and seniority. From this data, the City will determine the position (as high on the priority listings as possible), into which the employee is qualified to bump. Knowledge, skills, and abilities as contained in the Reduction current job description of the position in Force and question, shall be given the opportunity to bump back into that position provided their basis from which the determination is made. In cases where qualifications, performance, and union seniority allows and they meet are equal, seniority will be the minimum requirements for the position.
8.4 determining factor. The EMPLOYEE with the most seniority in the job classification held at the time of City shall not lay off bargaining unit employees in lieu of disciplinary action. Employees who are displaced will be called back first. All EMPLOYEES who have been laid off shall have provided the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationsame notice and rights as outlined above. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationDepartment Head and employee mutually agree, the EMPLOYEE will lose his / her first refusal right but will retain displaced employee may take paid administrative leave for the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date duration of the District's letter, sent by Certified Mail, to 15 working day advance notice period. Employees cannot gain hours through the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available“bumping” process. When hiring new part- time employees in a RIF'd classification under this agreementIn other words, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part may not bump a full time position. In addition, he/she employees who currently share a position (job share) can, together, petition to bump into a full time position if they are qualified and meet the required level of seniority. The pay grade of the position bumped into will maintain their recall rights during prevail; however, the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES employee shall be placed at a step as comparable to their current pay as possible within the pay grade. All displaced employees will be provided an out processing interview to review their benefits and various options as an inactive employee on recall status. Displaced employees will not be allowed to “run out” accrued leave balances but will be paid out in accordance with the experience step union agreement. Employees who move into a new position as a result of this process shall be in a trial status and shall receive written performance evaluations once a month throughout the six month trial period. At the successful completion of the salary schedule on which they were placed at six month trial period, the time employee will resume the normal evaluation process as outlined in City policy. Employees, who are unable to satisfactorily perform the duties of layoffthe new position, will be subject to termination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have If a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and (RIF) is necessitated, employees may volunteer within 10 days of notice of a RIF to be RIF’d for the 2020-21 school year provided they fall within the licensure/certification area which is the subject of the RIF. If there are more volunteers than there are positions to be RIF’s, seniority will be used to determine which employees are selected. The following shall apply:
a. The District shall not contest any application for unemployment compensation that such employees make.
b. Employees shall be given the opportunity able to bump back into that position provided their seniority allows and they meet the minimum requirements participate in any online PD when available.
c. Employees shall be afforded prioritized recall rights for the position2021-22 school year, that shall replace the recall rights indicated in the CBA. Accordingly,
i. RIF’d employees shall be recalled for the 2021-22 school year to available positions. If there are no available positions, the District may have to RIF a newly hired employee for the 2021-22 within the same licensure/certification area to affect the recall of employees who avail themselves of this provision.
8.4 ii. The EMPLOYEE with District may be exempt from recalling employees RIF’d under this provision, only if all employees hired during the most seniority 2020-21 school year in the job classification held at same certification area as any employees who are RIF’d under this provision have first been RIF’d. An employee who is RIF’d under this provision, and who is not recalled as per the time specifications of lay off will be called back first. All EMPLOYEES who have been laid off this provision shall have the right of written retain recall within their job classification rights for a period of twelve two years.
d. A member who is RIF’d pursuant to this MOA is eligible to remain as a member of the town’s group health insurance plan and dental plan but must pay 100% of all costs for those programs.
e. All unused sick leave (12including sick time and personal days) months time earned previous to any RIF leave, will remain in their accruals. Any member who is RIF’d may convert their accrued personal days into sick leave as per their CBA.
f. Upon return from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in ForceRIF leave, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE employee will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of in the salary schedule where the employee was placed prior to the RIF leave
g. Upon return from leave, the employee’s place on which the seniority list will reflect a year's leave but will not be considered a break in service.
h. Upon members’ return from a RIF leave, they were placed at shall be returned to the time same or similar position they held prior to the leave within their then current licensure / certification area. Those employee’s that elected to be RIF’d must notify the district by April 1, 2021 of layofftheir intent to return for the 21-22 school year, in order for proper staffing, recruitment and planning to occur.
Appears in 1 contract
Samples: Memorandum of Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have 24.1 Should a reduction in staffthe City’s work force become necessary, termination by force reduction, hereinafter referred to as layoff, shall be accomplished in the following manner:
A. Layoffs shall be by classification within a department. Upon establishing the number of employees to be laid off within a classification in a department, the SUPERINTENDENTCity shall layoff the least senior employee first and continue laying off the least senior employee until its force reduction in the affected classification or classifications within that department is met.
B. If an employee is scheduled to be laid off, said employee shall be offered a comparable position or demotion to a lower classification, provided such a vacancy exists and said employee is qualified to fill the position.
C. If there is more than one (1) employee subject to the above provisions, the most senior qualified laid-off employee shall be offered the vacancy. If there is more than one (1) vacancy, said vacancies shall continue to be offered to the senior qualified laid off employee until all vacancies are filled.
24.2 Employees being laid off or demoted shall be eligible for recall in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbefollowing procedure:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs A. An employee who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been is demoted or laid off shall have retain recall rights to a job in the right of written recall same classification within their job classification the department from which the employee was demoted or laid off. Recall rights shall remain in full force and effect for a period equal to the employee’s total length of twelve service not to exceed one (121) months from the date oflayoffyear.
8.4.1 When Bus Drivers/Bus Attendants are B. The most senior qualified laid off due employee shall be offered recall to a Reduction job in Force, the riffed EMPLOYEE(s) may move employee’s classification until the City’s staffing requirements are met.
C. Notification of recall shall be sent to a laid off employee by certified mail to the substitute pool. The riffed EMPLOYEE shall have address last known to the right of first refusal to any substitute assignment in their job classification. City.
D. If the riffed EMPLOYEE laid off employee fails to accept three respond to the recall notice within ten (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (2110) calendar days from the postmark date of receiving the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights notice of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their shall forfeit all further recall rights during the recall periodrights.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES 24.3 Employees who are scheduled to be laid off shall receive two (2) week of notice or, in the alternative, two (2) week of pay in lieu of notice.
24.4 If it becomes necessary for the City to abolish a position or reduce the number of employees, severance pay will be placed on the experience step granted as follows: Years of the salary schedule on which they were placed at the time of layoff.Service Severance Pay 6-10 4 weeks 11-25 6 weeks
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Reduction in Force is a layoff of faculty due to a severe financial crisis or program discontinuance or reconfiguration.
15.3.1 Except in the event it is necessary case of severe financial crisis, the President of the University shall inform the president of the UFE and the colleges/departments(s) affected of intent to have a implement the reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff force at least thirty ninety (3090) calendar days prior to implementation. The UFE, upon receipt of such written notice, may request a meeting to review the reasons for such intent and to recommend ways to reduce and/or eliminate the need to implement this provision.
15.3.2 Faculty layoffs shall take place utilizing the following priority: quarterly faculty/librarians, special faculty/librarians, tenure-track faculty/librarians, tenured faculty/librarians.
15.3.3 The department(s) affected shall be notified in writing of the necessary reductions by the Chief Academic Officer.
15.3.4 Within fifteen (15) working days of receipt of such notice, the college(s) and department(s)/library affected, in a manner to be determined by the deans, after consultation with the UFE, shall designate the positions, including appropriate qualifications, which are required to meet program needs. These positions will be filled by seniority, i.e., date of appointment to rank or special faculty within each department or library, utilizing the layoffpriority listed in Section 15.3.2 above, provided the faculty member filling the position has the necessary qualifications. The results of this process shall be placed in writing and sent to the Chief Academic Officer within the time limit specified above.
8.3 EMPLOYEEs who previously held another 15.3.5 Following receipt of the position within designations from the bargaining unit may requestdepartments(s), in writing, the Chief Academic Officer will notify within five (5) business days working days, those faculty members who are to be laid off.
15.3.6 For layoffs resulting from program reconfiguration or discontinuance, senior lecturers, tenure-track and tenured faculty will be given notice as follows:
(a) Senior lecturers, and tenure-track faculty within the first year of notification employment, shall be notified no later than March 1, for appointments based on the academic year, or three (3) months prior to the Reduction in Force and end of an appointment for appointments based on an alternative period.
(b) Tenure-track faculty within the second year of employment shall be given notified no later than December 1 for appointments based on the opportunity academic year, or six (6) months prior to bump back into that position provided their seniority allows and they meet the minimum requirements end of the appointment for the positionappointments based on an alternative period.
8.4 The EMPLOYEE (c) Tenure-track faculty with two (2) or more years of uninterrupted tenure track service, and all tenured faculty, shall be notified no later than June 1 for appointments based on the most seniority in academic year, or twelve (12) months prior to the job classification held at end of the time of lay off appointment for appointments based on an alternative period.
15.3.7 For layoffs resulting from a severe financial crisis, special faculty lecturers, probationary and tenured faculty will be called back first. All EMPLOYEES who have been laid off given notice as follows:
(a) Special faculty, and tenure-track faculty within the first year of employment, shall have be provided with a minimum of three (3) months’ notice prior to their layoff.
(b) Tenure-track faculty within the right second year of written recall within employment shall be provided with a minimum of six (6) months’ notice prior to their job classification for layoff.
(c) Tenure-track faculty with two (2) or more years of uninterrupted tenure- track service, and all tenured faculty, shall be provided with a period minimum of twelve (12) months from the date oflayoffmonths’ notice prior to their layoff.
8.4.1 When Bus Drivers/Bus Attendants are 15.3.8 Every effort shall be made to find suitable employment within the University for faculty laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute poolunder this Article. The riffed EMPLOYEE Tenured faculty shall have the right of first refusal opportunity to any substitute assignment in their job classificationobtain up to one (1) year’s retraining, through remunerated leaves, for other programs which have a need for additional or replacement faculty and for which the faculty member is qualified. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallNo faculty may be relocated without consultation with all departments concerned.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter15.3.9 If faculty are laid off, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES they shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.a reemployment list for up to two
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In LAYOFF, AND XXXXXX
Section 1. Supplementing pertinent sections of Chapter 2.76 of the event it is necessary Personnel Code, an employee terminated due to have a any reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES force shall be placed on the experience step appropriate re-employment list for a maximum period of two (2) years with recall priority to be based on seniority within the classification, providing ability and fitness are equal.
Section 2. The terminated employee upon call back will not be required to take the normal entry employment or agility tests, if it has been less than one year.
Section 3. The terminated employee will be required to submit to and pass a suitable physical examination administered by a physician of the salary schedule City's designation before any duty assignment.
Section 4. Perpetration of any of the acts enumerated in Article 23 may preclude any consideration for re-employment.
Section 5. A valid driver's license will be required.
Section 6. No regular employee in the bargaining unit shall be laid off while there are provisional, probationary, or temporary employees serving in the same job classification. Whenever a bargaining unit position is abolished or a bargaining unit reduction in force becomes necessary, layoffs shall be in reverse order of total service with the City. Bargaining unit members shall retreat to the last classification held immediately prior to their current classification. If a member is not qualified or current in the lower classification, he shall be given thirty (30) days to qualify for the position. When a position which was eliminated through a RIF again becomes available to the affected employee, an employee who retreated shall be reinstated to the higher classification without going through the normal promotion testing process.
Section 7. Terminated employees to be recalled shall be given a minimum of seven (7) calendar days to respond after notice has been sent by certified mail to their last known address on which they were placed at record with the Human Resources Department.
Section 8. Terminated employees who decline recall or who fail to respond as directed within the time of layoffallowed, shall be presumed to have resigned and their names shall be removed from seniority and preferred eligible lists.
Section 9. An employee not represented by this Agreement shall not be allowed to retreat into a bargaining unit position.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary The following process shall apply to have a reduction in staffPara-educators, the SUPERINTENDENTHealth Para-educators, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. and Licensed Practical Nurses:
17.1 In the event of layoff, the order necessity for reducing the number of reduction shallbe:
8.1.1 PROBATIONARY employees within this bargaining unit or reducing the job classification shall number of hours or days to be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in worked, individuals with the inverse order of least seniority within the job classificationcategory (i.e., Para-educator, Health Para-educator, or Licensed Practical Nurses) will be laid off or reduced first, provided, however, the employee retained must possess the necessary ability, experience and qualifications to perform the available work, or provide a plan acceptable to the Superintendent to acquire the necessary qualifications.
8.2 17.2 Individuals laid off, will have, from the effective day of layoff, a two (2) year right to recall for any openings within this bargaining unit. The UNION and effective date of the EMPLOYEES layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the layoff action or the first day for which the laid off employee receives unemployment compensation, whichever occurs sooner. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings for which they are qualified. Former employees shall be given written notice of layoff at least credit for all prior service with the Easthampton Schools, providing they return to work within the recall period When possible individuals who are to be laid off will be given a thirty (30) calendar days day notice prior to the effective date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification 17.3 All benefits to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held which an employee was entitled at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES layoff shall be hired restored in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during full upon re-employment within the recall period.
8.7 17.4 Laid off employees may continue group health and life insurance coverage for up to eighteen (18) months by contributing 102% of the premium cost and provided the plan in force permits.
17.5 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability qualifications and experience to perform the available work.
17.6 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.7 The SUPERINTENDENT agrees that recalled EMPLOYEES employee shall, within fourteen (14) calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be placed considered a declination on the experience step part of the salary schedule employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
17.8 Seniority as referenced in this article will be calculated from the most recent date of hire by the Easthampton School Committee and includes all recognized leaves of absence under this Agreement. This seniority list will be issued annually no later than October 15 by the Superintendent or designee.
17.9 Should an opportunity arise to act, as a substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of their seniority. Payment shall be at the substitute’s rate for the particular position currently in effect. Declination of an offer to substitute shall not affect the right to recall under section 17.2 above. Seniority and other benefits (except medical benefits, if applicable) shall not accrue during the period of service as a substitute.
17.10 Paragraph 17.1 of this Article shall not apply to para-educators serving solely as one-to-one aides (Chapter 766-Special Education) whose positions are eliminated due to a modification of the Individual Education Plan or due to the departure of the student from the Easthampton Public Schools. However, the remaining provisions of this article shall apply to these individuals, with the sole exception that an individual whose position is eliminated due to the modification of an Individual Education Plan or the departure of a student shall retain priority regardless of seniority for reassignment to a position made available due to a subsequent modification of that students Individual Education Plan or that student’s return to Easthampton Public Schools. The following process shall apply to administrative assistants:
17.11 In the event of the necessity for reducing the number of employees within this bargaining unit, individuals with the least seniority within the administrative assistants job category will be laid off first, provided, however, the employee retained must possess the necessary ability, experience, and qualifications to perform the available work, or provide a plan acceptable to the Superintendent to acquire the necessary qualifications. In order to effectuate the Layoff, the following procedures will apply:
1) The most senior full-time employee whose position is eliminated shall bump the least senior full-time employee in the administrative assistants job category in the same or lower grade in accordance with the criteria referenced above.
2) This process shall continue in order of seniority among full-time employees.
3) Once the bumping procedure has been exhausted for fulltime employees, a full-time employee may bump the least senior part-time employee in the same or lower grade in accordance with the criteria referenced above.
4) Bumping among part-time employees shall then occur under the same procedure referenced for full-time employees.
5) Part-time employees shall not be eligible to bump full time employees.
17.12 The Employer maintains the right pursuant to this Article to reduce hours and days of employment of employees in the bargaining unit.
17.13 Individuals who are laid off will have, from the effective day of layoff, a two (2) year right to recall for any openings within this bargaining unit. The effective date of the layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the Layoff action. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings in the same or lower grade for which they were placed are qualified. Former employees shall be given credit for all prior service with the Easthampton Schools, providing they return to work within the recall period. When possible, individuals who are to be laid off will be given a thirty (30) day notice prior to the effective date of the layoff.
17.14 All benefits to which an employee was entitled at the time of layoff shall be restored, in full, upon re-employment within the recall period.
17.15 Laid off employees may continue group health and life insurance coverage in accordance with federal and state laws.
17.16 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability, qualifications, and experience to perform the available work and was in the grade equal to or higher at the time of layoff.
17.17 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.18 The employee shall, within fourteen (14) calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be considered a declination on the part of the employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
17.19 Seniority, as referenced in this article, will be calculated from the most recent date of hire as a secretary in the bargaining unit by the Easthampton School Committee, including all recognized leaves of absence under this Agreement, unless modified by an adjusted anniversary date as defined in paragraph 26.01 of the contract.
17.20 The Superintendent or designee will issue this seniority list annually.
17.21 Should an opportunity arise to act, as a substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of their seniority. Payment shall be at the substitute’s rate for administrative assistants currently in effect. Declination of an offer to substitute shall not affect the right to recall under section 17.13 above. Seniority and other benefits shall not accrue during the period of service as a substitute. The following process shall apply to custodians:
17.22 In the event it becomes necessary to reduce the number of employees in the custodian job category, the Superintendent will effectuate such a reduction in accordance with this Article.
17.23 An employee(s) whose position is eliminated shall be offered the following options:
1. to accept a layoff; or
2. to be transferred in accordance with Section 3 of this Article. Employees laid off under either 1 or 2 above will have all the recall rights afforded under Section 17.30 of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary 8-1 Prior to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior any programmatic or budgetary position elimination proposal by staff to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestGoverning Board, XXX shall, in writing, within five (5) business days be provided with information regarding the reasons for such proposals in sufficient time to respond. Staff will be consulted on a regional or divisional basis in order to provide a fair opportunity for input. However, such information will not be provided in those cases where the failure to offer a contract to an individual is due to performance deficiencies or unprofessional conduct.
8-2 If an administrator or psychologist has not had his/her contract renewed for programmatic or budgetary reasons, for a period of notification three years he/she shall be offered an interview for any available, comparable position in the District where appropriate certification is met. An administrator or psychologist who has not had his/her contract renewed because of performance evaluation or unprofessional conduct will not be provided such opportunity.
8-3 At the discretion of the Superintendent, administrators and psychologist who have had their contract non-renewed for programmatic or budgetary reasons may be recommended for assignment to vacant positions in accord with their credentials, experience, and qualifications.
8-4 If recalled in accord with 8-5 above, all unused sick leave accrued up to the Reduction in Force and shall point the RIF took effect would be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held restored if it has not been paid out at the time of lay off separation.
8-5 After June 30 RIFed employees shall, upon request, be allowed to continue their health insurance coverage by paying the premium themselves. All RIFed employees shall be eligible for COBRA benefits as described on the District’s website. However, the District will pay the full cost of
8-6 A RIFed administrator who accepts a teaching position in the District pursuant to Article Ten may elect to receive an immediate payout of their sick leave accrued through their current administrative contract with the District. Notice of that election must be submitted to Human Resources on or before November 30 of the school year immediately following the reduction in force notice of non-renewal as an administrator. The accrued sick leave shall be paid within 45 days of notice of the election being provided to Human Resources. The rate of the payout will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move calculated pursuant to the substitute poolprovisions of Article 9. The riffed EMPLOYEE shall have A RIFed administrator who does not elect the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she immediate payout option will maintain their recall rights during accrued sick leave balance, which balance and additional accruals, if any, will be paid out at separation from the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on District according to the experience step provisions of the salary schedule on which they were placed bargaining group agreement pertaining to the employee group the employee is in at the time of layoffseparation (e.g. Consensus).
Appears in 1 contract
Samples: Meet and Confer Agreement
REDUCTION IN FORCE. 8.1 The term “layoff” shall be defined as a reduction in the working force. In the event it of a layoff, probationary, part-time and temporary employees in the classification in which the layoff is necessary to have occur shall be laid off first, in any order, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. Thereafter, reductions in force shall be handled as described below. If there is a reduction in staffthe classification of Detective, such reduction shall be made on the SUPERINTENDENTbasis of classification seniority, least senior first, provided the remaining seniority employees in that classification are qualified and able to perform the available work as scheduled. A full- time seniority employee who is displaced from the classification of Detective shall then be placed in a regular position vacancy, if any, in the classification of CAR. If there is no such vacancy, such person shall displace the employee in the classification of CAR who has served the least amount of total time in the classification(s) of Detective and/or CAR, provided he has greater total time in such classification(s), is qualified, and is able to perform the work of the employee to be displaced. If there is a reduction of employees in the classification of CAR, such reduction shall be made on the basis of total time the employee has served on a full-time basis in the classifications of Detective and/or CAR, commencing with the employee having the least amount of total time served, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. An employee who is displaced from his position as a CAR, but who formerly held a position in the Midland Sheriff Employees Association bargaining unit (Unit I), may request transfer to said unit in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are of that agreement. Employees to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Fullfor an indefinite period of time will receive at least seven (7) calendar days written notice of layoff. The Association shall receive a list from the County’s Director of Human Resources of the employees being laid off on the same date the notices are issued to the employees. When the work force is increased after a layoff, full-time seniority employees will be recalled to regular (non-probationary) EMPLOYEES shall be laid off position vacancies in the inverse classification of Detective, in order of classification seniority within the job classification.
8.2 The UNION rank of Detective, most senior first, provided the employee to be recalled is qualified and able to perform the EMPLOYEES available work as scheduled. Employees shall be given written notice recalled to regular position vacancies in the classification of layoff at least thirty CAR, based upon the total time the employee has served on a full-time basis in the classifications of Detective and CAR, commencing with the employee who has the greatest amount of total time served, provided the employee to be recalled is qualified and able to perform the available work as scheduled. Notice of recall may be by telephone, confirmed by certified mail to the employee’s last known address, with a copy to the Association. Employees will be granted up to fourteen (3014) calendar days prior to the date return to work, upon request of the layoffemployee.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 21.1 In the event it is becomes necessary for the Superintendent to have a reduction in staffreduce the number of secretaries, the SUPERINTENDENT, in accordance with the provisions procedures set forth in this article, shall determine which EMPLOYEES are to be retained. In Article will govern the event termination and re- employment of layoff, the order of reduction shallbesecretaries affected:
8.1.1 PROBATIONARY employees within a. To the job classification shall extent possible, natural attrition will be used to reduce positions.
b. In determining which secretary will be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall to accomplish a reduction in force, the Superintendent will first consider seniority, but will also take into account the quality of past performance, as shown by all written evaluations on file, and will also consider unique qualifications for positions requiring special job skills. Where, in the Superintendent's judgment, the above factors, exclusive of seniority, are substantially equal, secretaries will be laid off in the inverse order of length of continuous service as secretaries in the system, those with the least seniority within the job classificationto be terminated first.
8.2 21.2 The UNION and Superintendent will try to notify secretaries affected by June 1, but in any event will notify secretaries affected by June 15 of the EMPLOYEES shall school year preceding the layoff. Should layoff occur during the school year, the secretary will be given written notice of layoff notified at least thirty (30) calendar days prior before the layoff is to take effect.
21.3 All secretaries laid off will be placed on a recall list for one (1) year and will be recalled in the reverse order of layoff.
a. No new secretary will be hired until all secretaries with rights of recall from layoff according to this Article, who have the necessary qualifications, have been offered the available position. If the vacant position requires the use of equipment with which the secretary is not familiar, but with on-the-job training could learn to use, or if the vacant position is a classification above that which she/he held at the time of layoff, and if she/he can prove to the date satisfaction of the administration that she/he has the necessary skills and with minimal on-the-job training can perform in this position satisfactorily, she/he will be placed on a six (6) month probationary period. At the end of the six (6) months, she/he will be evaluated as to job performance if she/he proves to be satisfactory, she/he will be placed in this position permanently and be entitled to regain the seniority and accumulated sick leave she/he had at the time of the layoff.
8.3 EMPLOYEEs who previously held another b. If a secretary placed in a vacancy as described in (a) above does not perform in this position within the bargaining unit may requestsatisfactorily, in writing, within five (5) business days of notification she/he will be returned to the Reduction in Force recall list if the one (1) year recall period has not expired and shall be given will continue on the opportunity to bump back into that position provided their seniority allows and they meet recall list until the minimum requirements for expiration of the original recall year. She/he will not gain any additional recall rights as a result of being removed from the out-of-classification position.
8.4 The EMPLOYEE with 21.4 A certified letter sent to the most seniority in the job classification held last address on file at the time Superintendent's Office will constitute recall notice. Failure to reply in writing within fourteen (14) days will result in placement at the bottom of lay off the recall list. A secretary who declines a position offered within the same classification will be called back first. All EMPLOYEES who have been laid off shall have moved to the right bottom of written the recall within their job classification for a period of twelve (12) months from the date oflayofflist.
8.4.1 When Bus Drivers/Bus Attendants 21.5 If two (2) or more secretaries are laid off due effective the same date, for purposes of recall, their order of layoff will be according to seniority.
21.6 To expedite the filling of a Reduction in Forcevacant position, the riffed EMPLOYEE(sSuperintendent may notify more than one
(1) may move person on the list of a possible vacancy, indicating whether said person has first or lesser rights to the substitute poolposition. The riffed EMPLOYEE shall have It may request those persons to notify it within the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retainedSection 1. In the event determination of layofflayoffs caused by program needs and economic considerations of the District, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES Paraeducators shall be laid off in the inverse reverse order of seniority within in the job classificationbargaining unit, providing the more senior Paraeducator is qualified to fill the position of a less senior Paraeducator according to qualifications determined by the District. Employees shall not be “bumped” or reduced in seniority ranking by non-bargaining unit employees. Employees in the layoff process shall be limited to no less and no more than one hour difference in their new hours than their most recent regular work schedule as they replace less senior employees.
8.2 The UNION Section 2. In the event the District anticipates a layoff of employees, the Association and the EMPLOYEES shall affected employees will be given 30 calendar days written notice of layoff at least thirty (30) calendar days prior to the time the layoff would occur.
Section 3. A laid off employee shall, upon application, and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid off employees may continue their insurance benefits through federal COBRA rights as administered by the School Employees Benefits Board. All benefits to which an employee was entitled at the time of his/her layoff, including unused accumulated sick leave, will be restored to the employee upon his/her return to active employment and the employee will maintain his/her step on the salary schedule.
Section 4. Laid off employees shall be placed into a reemployment pool. Reassignment from this pool to existing vacancies shall be in reverse order of layoff to any position for which they are qualified. Recall rights shall not extend beyond two (2) years from the date of layoff. Notices of recall shall be sent by certified or registered mail to the layoff.
8.3 EMPLOYEEs who previously held another last known address as shown on the District’s records. It shall be the employee’s responsibility to keep the District notified as to his/her current mailing address and telephone number. Human Resources may call an employee and offer a position within to expedite the bargaining unit may request, in writing, within recall process. A written record of the call shall be time stamped and dated. An employee offered employment will have five (5) business calendar days (excluding Saturday, Sunday and holidays) from the receipt of notification to the Reduction in Force written or telephoned offer or fifteen (15) calendar days (excluding Saturday, Sunday and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12holidays) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due of mailing, whichever occurs first, to a Reduction accept the position in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment person or in their job classificationwriting. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during rejects the offer, the position shall be offered to the individual so laid off with the next greatest total seniority. Employees are responsible with providing the District with current contact information while they are in the recall periodpool.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 27.01 The definition of seniority is as follows:
a) City seniority means the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance length of continuous service with the provisions set forth in this articleCity, dating from the employee's most recent date of employment.
b) Job seniority means the length of continuous service within a given job classification. An employee's seniority/employment shall determine which EMPLOYEES are to be retained. In terminated when one or more of the event of layoff, the order of reduction shallbefollowing occur:
8.1.1 PROBATIONARY employees within a) He resigns;
b) He is discharged for just cause;
c) He is laid-off for a period of time exceeding one (1) year;
d) He retires;
e) He fails to report for work for more than two (2) working days without having given the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written Employer advance notice of layoff at least thirty (30his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) calendar days prior He becomes unable to perform the date essential job functions due to illness or injury and is unable to return to work upon the expiration of the layoff.any leave applicable to him;
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, g) He refuses to recall or fails to report to work within five (5) business working days from the date the Employer sends the employee a recall notice. If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of notification lots. The Employer shall provide a current seniority list to the Reduction Union on an annual basis.
27.02 When it becomes necessary through lack of work, lack of funds, reorganization, or abolishment of jobs or functions to reduce the size of its workforce which is hereby determined to be a management right, temporary, seasonal, casual, part- time, and probationary employees shall be laid-off first in Force and that order, by job classification, with the employee having the least job seniority laid-off first. Full-time employees shall be laid-off next on the same basis.
27.03 Employees shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionat least two (2) weeks notice of lay-offs.
8.4 27.04 The EMPLOYEE with the most seniority in the job classification held at the full-time employee who has been notified of lay off will be called back first. All EMPLOYEES who have been laid lay-off shall have the right of written recall to displace a less senior employee within their the same job classification for a period of twelve (12) months from within the date oflayoffCity based upon job seniority.
8.4.1 When Bus Drivers27.05 The full-time employee who has been notified of lay-off shall also have the right to displace less senior employee within the bargaining unit in a position formerly held by the laid-off employee based upon the laid-off employee's job seniority in the former position.
27.06 The full-time employee who has been notified of lay-off shall also have the right to displace less senior employees within his department or division whichever is the smallest unit, providing the senior employee has the ability, and qualifications to perform the work of the less senior employee. This shall hold true until the employee with the least seniority in the lowest classification within that operating department/Bus Attendants are laid off due to a Reduction in Forcedivision has been reached, the riffed EMPLOYEE(s) may move to the substitute poolif necessary, and laid-off. The riffed EMPLOYEE employee displaced under the provision mentioned shall have the right of first refusal to any substitute assignment displace less senior employees in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationbargaining unit provided they meet the qualification specifications.
27.07 In-rehiring after a lay-off, the EMPLOYEE City will lose his / her first refusal right but will retain offer reemployment to the right of recall.extent possible, to which additional help is needed to former employees in the classifications involved in the inverse order in which the employee was laid-off provided that:
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21a) calendar days from the postmark date employee is qualified in the opinion of the District's letter, sent by Certified Mail, City to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed perform available work at the time the offer of layoffemployment is made;
b) the period of lay-off does not exceed one (1) year.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are A. Positions to be retained. In eliminated shall be at the event sole discretion of the Committee.
B. Should the Committee decide to reduce the number of employees, it shall make every effort to accomplish said reductions by attrition.
C. Relative to layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification Superintendent will only take into account seniority, training, which shall be laid off firstinclude professional development activities, and past performance.
8.1.2 FullD. Any employee hired as full-time regular (non-probationary) EMPLOYEES substitute for a position he/she is then appointed to as a permanent employee will receive seniority credit for the substitute period. The awarding of seniority credit for substitute service shall be laid off only occur when said employee moves from substitute to permanent employee in the inverse order of seniority within the job classificationsame position without interruption.
8.2 E. Seniority shall mean an employee's total continuous length of service in years, months, and days from the initial date of employment by Plainville within this recognition clause. Seniority will be total time as an instructional paraprofessional, tutor or special education assistant.
F. The UNION and Superintendent will forward to the EMPLOYEES shall be given written notice of layoff at least Association a seniority list within thirty (30) calendar days prior of the execution of this agreement.
1. If no challenge to the list is made by the Association within thirty (30) days of receipt of this list, the list stands as written.
2. An updated list will be provided each year within thirty (30) days of the beginning of the school year, and the Association will have thirty (30) days to challenge the list.
G. Employees to be laid off shall be notified in writing within 5 working days after the annual town budget is finalized (at Town Meeting, but no later than June 15).
H. Employees rehired after layoff under this paragraph within their category shall be credited with such salary and fringe benefits, as they were entitled to at the effective date of their layoff. Employees rehired within two years of a layoff will return to the seniority list at their previous level of service and seniority.
I. For a period of one academic year laid off employees will be kept on a recall list and given first preference for new or open positions and sent notification for all vacancies. Recall of laid off employees will be in inverse order of layoff.
8.3 EMPLOYEEs who previously held another J. Under this Article, the position within the of full and part-time employees shall not be interchangeable. The bargaining unit may requestis divided into three job categories: Unit A Instructional Paraprofessionals Unit B Title I Tutors Unit C Specialized/Licensed Assistants: includes Speech-Language Therapy Assistant (SLA), in writingCertified Occupational Therapy Assistant (XXXX), within five Applied Behavioral Analysis Assistant (5ABA) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve Registered Behavior Technician Assistant (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.XXX)
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In If the event it is necessary Board decides to have a reduction decrease the number of Employees, discontinue particular positions, or decrease their number of work hours in staffany classification covered by this Agreement, the SUPERINTENDENT, in accordance with Board will honorably dismiss the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In affected Employees on the event basis of layoffseniority within the affected classification (i.e., the order of reduction shallbe:
8.1.1 PROBATIONARY employees within least senior Employee in the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall ), provided that the remaining Employees in that classification are determined to be laid off qualified to perform the work remaining after the layoff/reduction. An Employee who is subject to layoff and who has prior District experience in another seniority classification may displace the least senior Employee in the inverse order of seniority within classification he/she formerly held, provided he/she has the job classification.
8.2 The UNION necessary present skills, abilities, and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements qualifications for the position.. The classifications of Employees are: One-on-One Nurse One-on-One Paraprofessionals Haven/Bases Paraprofessionals Paraprofessionals (Special Ed, Personal Care Assistant and Student Support Center) Music Paraprofessionals Excel Paraprofessionals Library Paraprofessionals ELL Paraprofessionals Student Safety (10 months) Student Safety (12 months)
8.4 The EMPLOYEE 7.1.1 Seniority shall be defined as the length of full-time service within the District in an ESP classification commencing with the most seniority in the job classification held at the time first day of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right employment (i.e., first day of written recall within their job classification actual work), less adjustments for a period layoff or approved leaves of twelve absence without pay (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationexcluding military leaves). If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job an Employee changes classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office Employee shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff maintain seniority in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees but shall not accrue any further seniority in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their his/her previous classification. In the new classification, the Employee’s seniority carries over from the prior classification, except that beginning in the 2017-2018 School Year, an Employee must begin to accrue seniority anew in any new classification (i.e., the Employee does not carry over seniority from any prior classification). Seniority ties shall be broken by the date the Employee was hired by the Board. If there is still a tie, the EMPLOYEE accepts application date shall be used to break the part time position, he/she will maintain their recall rights during the recall periodtie.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES 7.1.2 If two (2) or more Employees otherwise have equal seniority and one or more is to be honorably dismissed, seniority order shall be placed on determined by, in order:
7.1.2.1 Most experience in the experience step of Employee’s current classification in this District;
7.1.2.2 Highest performance ratings in the salary schedule on which they were placed at the time of layoff.Employee’s last two (2) evaluations;
Appears in 1 contract
Samples: Negotiated Contract
REDUCTION IN FORCE. 8.1 In Prior to the event it is necessary to have a layoff or reduction in staffof any bargaining unit adjunct or full-time faculty member covered by this Agreement, the SUPERINTENDENTBoard shall eliminate all non-unit adjunct faculty, in accordance with then all voluntary overload assignments to courses which the provisions set forth in full-time faculty member is competent to fill pursuant to the qualifications of this articleprovision provided the Board may retain those adjunct or voluntary assignments to courses which unavoidably run at the same time as other identical adjunct or voluntary assignments to courses. Therefore, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification bargaining unit adjunct faculty I positions shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days eliminated prior to the date layoff of unit adjunct faculty II positions, and unit ad- junct faculty II positions shall be eliminated prior to the lay- off of full-time faculty. Within ten (10) school days of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestreduction notice, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination Depart- ment will schedule a meeting with the faculty member whose position has been eliminated and the Association to review the qualifications of the EMPLOYEE's rights affected faculty member in order to determine in which disciplines they may be qualified to teach. If full-time faculty have been reduced to adjunct and work the equivalent of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES one- half (½) the normal workload or more, they shall be hired in any job classification as long as there are EMPLOYEES on layoff in paid that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step pro rata portion of the salary schedule on which they were placed would have earned had they worked a full load. Where such faculty works less than the equivalent of one-half (½) load, they shall be paid the voluntary overload rate. Minimum qualifications and academic support qualifications have been estab- lished pursuant to the procedure agreed by the parties for the 1988-1990 agree- ment and updated in 1999. Such qualifications shall be incorporated herein by reference. subsequent updates shall be made as new program submissions are adopted and approved as is provided for in the paragraph below. such new pro- gram submissions shall be provided to the Association at least two (2) weeks prior to submission to ICCB. Existing qualifications shall be reviewed as jointly agreed by faculty and adminis- tration representatives appointed by the time Association and President respectively; and any proposed changes or notice of layoffno change shall be submitted to the President and Association and adopted upon approval of the Association and President.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 27.01 The definition of seniority is as follows:
a) Employer seniority means the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance length of continuous service with the provisions set forth in this articleEmployer, dating from the employee's most recent date of employment.
b) Job seniority means the length of continuous service within a given job classification. An employee's seniority/employment shall determine which EMPLOYEES are to be retained. In terminated when one (1) or more of the event of layoff, the order of reduction shallbefollowing occur:
8.1.1 PROBATIONARY employees within a) He resigns;
b) He is discharged for just cause;
c) He is laid-off for a period of time exceeding one (1) year;
d) He retires;
e) He fails to report for work for more than two (2) working days without having given the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written Employer advance notice of layoff at least thirty (30his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) calendar days prior He becomes unable to perform the date essential job functions due to illness or injury and is unable to return to work upon the expiration of the layoff.any leave applicable to him; and
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, g) He refuses to recall or fails to report to work within five (5) business working days from the date the Employer sends the employee a recall notice. If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of notification lots. The Employer shall provide a current seniority list to the Reduction Union on an annual basis.
27.02 When it becomes necessary through lack of work, lack of funds, reorganization, or abolishment of jobs or functions to reduce the size of its workforce which is hereby determined to be a management right, temporary, seasonal, casual, part- time, and probationary employees shall be laid-off first (1st) in Force and that order, by job classification, with the employee having the least job seniority laid-off first (1st). Full-time employees shall be laid-off next on the same basis.
27.03 Employees shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionat least two (2) weeks notice of layoffs.
8.4 27.04 The EMPLOYEE with the most seniority in the job classification held at the full-time employee who has been notified of lay off will be called back first. All EMPLOYEES who have been laid off layoff shall have the right of written recall to displace a less senior employee within their the same job classification for a period of twelve (12) months from within the date oflayoffEmployer based upon job seniority.
8.4.1 When Bus Drivers27.05 The full-time employee who has been notified of layoff shall also have the right to displace less senior employee within the bargaining unit in a position formerly held by the laid-off employee based upon the laid-off employee's job seniority in the former position.
27.06 The full-time employee who has been notified of layoff shall also have the right to displace less senior employees within his department or division whichever is the smallest unit, providing the senior employee has the ability, and qualifications to perform the work of the less senior employee. This shall hold true until the employee with the least seniority in the lowest classification within that operating department/Bus Attendants are laid off due to a Reduction in Forcedivision has been reached, the riffed EMPLOYEE(s) may move to the substitute poolif necessary, and laid-off. The riffed EMPLOYEE employee displaced under the provision mentioned shall have the right of first refusal to any substitute assignment displace less senior employees in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationbargaining unit provided they meet the qualification specifications.
27.07 In rehiring after a layoff, the EMPLOYEE Employer will lose his / her first refusal right but will retain offer re-employment to the right of recall.extent possible, to which additional help is needed to former employees in the classifications involved in the inverse order in which the employee was laid-off provided that:
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21a) calendar days from The employee is qualified in the postmark date opinion of the District's letter, sent by Certified Mail, Employer to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed perform available work at the time the offer of layoffemployment is made; and
b) The period of xxxxxx does not exceed one (1) year.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In (a) When the event it force is necessary reduced, junior Employees shall be demoted or furloughed in reverse order of seniority, unless doing so would deprive the Carrier of a person qualified to have a reduction in staff, perform service essential to the SUPERINTENDENToperation of the railroad and who is being used to perform such service, in accordance with which case the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification next junior Employee lacking that qualification shall be laid off firstfurloughed. The Carrier will promptly notify the Organization of any force reductions made under this Article.
8.1.2 Full-time regular (non-probationaryb) EMPLOYEES shall When the force is increased, furloughed Employees will be laid off recalled in seniority order, subject to being qualified to hold the inverse order of position for which recall is being made, and will retain their original seniority within the job classificationdates and standing.
8.2 (c) The UNION Carrier will initially contact furloughed Employees by phone to advise them of their recall. The Employee will advise the Carrier of the tentative date, subject to the limitation below, on which he will return to service. The Carrier will send written documentation of the phone call and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior tentative date on which the Employee will return, by registered mail, return receipt requested, to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationEmployee. If the riffed EMPLOYEE fails Employee is not available to accept receive the Carrier’s phone call, the Employee will be sent a notice of recall by registered mail, return receipt requested, to the last address of record. The Employee must contact the Carrier within three (3) substitute assignments days from (1) the date the furloughed Employee receives notice of recall by registered mail, return receipt requested, or (2) the date upon which such mail is first attempted to be delivered but remains unclaimed or unaccepted. Employees recalled in their job classificationaccordance with this Article will return to work within ten (10) working days after contacting the Carrier.
(d) Until the Employee reports for duty in accordance with paragraph (c) above, the EMPLOYEE will lose his / her first refusal right but will retain Carrier may fill the right of recallvacancy with a qualified, active employee, if available.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21e) calendar days from the postmark date A copy of the District's letter, sent by Certified Mail, recall notice will be furnished to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classificationOrganization. If the EMPLOYEE accepts Carrier has not been contacted by the part time positionEmployee by the third day, he/she it will maintain their recall rights during notify the recall periodOrganization of that fact.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on (f) Furloughed Employees are required to keep the experience step Carrier and the Organization currently informed of the salary schedule on permanent or temporary address and phone number at which they were placed at can be located; failure to do so or failure to report for duty within the time designated in the preceding paragraph will result in forfeiture of layoffseniority and all employment rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 21-1 The School District retains the event it is necessary right, without negotiation, to have determine when a reduction in staffforce is necessary, the SUPERINTENDENTnumber of individuals whose employment must be terminated, and the areas of employment and/or school district operations within which such reductions in force will occur. Before the District initiates any reduction in force, the District will notify the president or a member of the Classified Executive Board at least fourteen (14) days prior to the written sixty (60) calendar day notification. (2011) 21-2 Reductions in force will be accomplished in accordance with the provisions procedures hereinafter set forth forth.
21-2-1 Reduction shall be made first among all probationary employees whose employment is within the areas of employment and/or school district operations within which such reductions in this article, shall force will occur. (2010) 21-2-2 District seniority within the targeted job family will determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationforce. If the riffed EMPLOYEE fails employee is RIF’d from a targeted job family and has seniority in other families, the employee retains bumping rights in their previous family. (2014)
21-2 3 If an employee assumes a lower paying position he/she will be guaranteed his/her present hourly wage for at least one (1) full calendar year. (2013) 21-2-4 Those RIF’d employees with seniority will be placed first, in a lateral position with hours and days, if possible, remaining the same. The RIF’d employee with seniority shall be able to accept bump like-to-like within the targeted family with less seniority starting at the last hired with same hours and days, if possible. (2014) 21-4 Released employees shall be considered on leave of absence for three (3) substitute assignments in their job classificationyears from the date of lay- off. After three (3) years, the EMPLOYEE District has no obligation to recall the laid-off employee. Each employee placed on leave of absence, as aforementioned, shall be reinstated in the reverse order in which they were dismissed at such time as there is a position open for which they are qualified, without resulting in promotion. (2013) Open positions will lose his / her be advertised within the district for transfer requests from existing employees first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days before RIF employees are recalled from the postmark date recall list. A recalled employee will be reinstated at the same salary step and benefits (subject to 21-2) as when they were released or the next higher salary step if they completed at least six months on the previous salary step and would have moved to a higher step if they had not been RIF'd. The recalled employee will also be reinstated with their original seniority date. (2014)
21-5 A recalled employee shall accept the recall within ten (10) working days or shall not be eligible for the recall. The District shall notify all employees on leave of the District's letterabsence pursuant to this Article, sent of subsequent internal vacancies by Certified Mail, e-mail to the EMPLOYEE's last e-mail address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal furnished to the part time position in their classificationDistrict by the employee. If the EMPLOYEE accepts the part time positionemployee does not have an e-mail address, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES written notification shall be placed on sent to the experience step of the salary schedule on which they were placed employee at the time last address furnished to the District by the employee. No new appointments, except for substitute employees, shall be made within thirty days (30) of layoff.such notification. (2013) 21-6 According to the language in NRS 288.170, the Superintendent’s Secretary Position will be exempt from Article XXI-Reduction in Force. All other negotiated articles will apply to this position. (2014)
Appears in 1 contract
Samples: Negotiation Agreement
REDUCTION IN FORCE. 8.1 In 6.1 When the event it is necessary to have District determines that a reduction in staffstaff is necessary, the SUPERINTENDENTDistrict will designate which positions must be eliminated. Subsequent layoff will be implemented as follows:
6.1.1 When determining layoff, an affected employee's skill, ability, performance and record will be considered. If in accordance with the provisions set forth in this articleDistrict's judgment all things are equal, shall determine which EMPLOYEES are to seniority will be retained. In the event deciding factor.
6.1.2 Following written notice of layoff, a member of the order bargaining unit shall have three (3) working days to initiate a request to bump to another position.
6.1.3 A laid off member of reduction shallbe:the bargaining unit may bump to a lesser position for which the employee is qualified provided the bumping employee has greater seniority in the District, and the District cannot clearly demonstrate that the junior employee has greater skill, ability, and a better performance record.
8.1.1 PROBATIONARY employees within 6.1.4 Employees who are laid off shall receive priority consideration for subsequent rehiring during the job classification next twenty-four (24) months and shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off recalled in the inverse reverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another 6.1.5 All employee benefits shall cease when the layoff is effective. Employees laid off in conjunction with this article shall be allowed to participate in the District's insurance program at their own expense per Federal COBRA regulations.
6.1.6 When a laid off recalled employee is considered for a specific position, failure to interview when requested or indication of an unwillingness to accept the position within during an interview will result in the bargaining unit may request, employee losing priority consideration for future employment.
6.1.7 Offers under subsection 6.1.4 will be in writing, sent by certified mail, return receipt requested, and will allow the recalled individual five (5) working days from the postmark date to accept the offer, and an additional ten (10) working days after accepting the offer to report for work. It shall be the responsibility of the employee to inform the District of any address changes during the recall period. Failure to accept such an offer within five (5) business working days or failure to report to work within ten (10) working days after accepting the offer will result in loss of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements priority consideration for the positionfuture employment.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off 6.1.8 Reinstated employees will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the same wage experience step as prior to the layoff providing the reinstatement is to the same job classification. Upon reinstatement, employees will receive benefits in accordance with the terms of the salary schedule on which they were placed at this agreement, and leave accrued prior to layoff will be restored. Days accumulated toward completion of benefits and probationary waiting periods shall be restored excluding the time of layoff.
6.1.9 The source of funding for a District position will not be considered in applying this article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 28.01 The definition of seniority is as follows:
a) City seniority means the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance length of continuous service with the provisions set forth in this articleCity, dating from the employee’s most recent date of employment.
b) Job seniority means the length of continuous service within a given job classification. An employee's seniority shall determine which EMPLOYEES are to be retained. In terminated when one or more of the event of layoff, the order of reduction shallbefollowing occur:
8.1.1 PROBATIONARY employees within a) He resigns;
b) He is discharged for just cause;
c) He is laid-off for a period of time exceeding one (1) year;
d) He retires;
e) He fails to report for work for more than three (3) working days excluding weekends and holidays if not previously regularly scheduled work days, without having given the Employer advance notice of his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) He becomes unable to perform the essential functions of the job classification shall be laid off first.due to illness or injury and is unable to return to work upon the expiration of any leave applicable to him;
8.1.2 Full-time regular (non-probationaryg) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior He refuses to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, recall or fails to report to work within five (5) business working days from the date the Employer sends the employee a recall notice. If two or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of notification lots. The Employer shall provide a current seniority list to the Reduction Union on an annual basis.
28.02 Where, because of lack of work, lack of funds, reorganization, abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, which is hereby determined to be a management right, temporary, seasonal, casual, part-time, and probationary employees shall be laid-off first in Force and that order, by job classification, with the employee having the least job seniority laid-off first. Full-time employees shall be laid-off next on the same basis.
28.03 Employees shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionat least two (2) weeks notice of lay-offs.
8.4 28.04 The EMPLOYEE with the most seniority in the job classification held at the full-time employee who has been notified of lay off will be called back first. All EMPLOYEES who have been laid lay-off shall have the right of written recall to displace a less senior employee within their the same job classification for a period of twelve (12) months from within the date oflayoffCity based upon job seniority.
8.4.1 When Bus Drivers28.05 The full-time employee who bas been notified of lay-off shall also have the right to displace less senior employee within the City in a position formerly held by the laid-off employee based upon the laid-off employee’s job seniority in the former position.
28.06 The full-time employee who has been notified of lay-off shall also have the right to displace less senior employees within his department or division whichever is the smallest unit, providing the senior employee has the ability, and qualifications to perform the work of the less senior employee. This shall hold true until the employee with the least seniority in the lowest classification within that operating department/Bus Attendants are laid off due to a Reduction in Forcedivision has been reached, the riffed EMPLOYEE(s) may move to the substitute poolif necessary, and laid-off. The riffed EMPLOYEE employee displaced under the provision mentioned shall have the right of first refusal to any substitute assignment displace less senior employees in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationUnion provided they meet the qualification specifications.
28.07 In rehiring after a lay-off, the EMPLOYEE City will lose his / her first refusal right but will retain offer re-employment to the right of recall.extent possible, to which additional help is needed to former employees in the classifications involved in the inverse order in which the employee was laid-off provided that:
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21a) calendar days from The employee is qualified in the postmark date opinion of the District's letter, sent by Certified Mail, City to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed perform available work at the time the offer of layoffemployment is made.
b) The period of lay-off does not exceed one (1) year.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event 1. When it is necessary to have a lay represented employees off due to reduction in staffof forces, the SUPERINTENDENT, it shall be done in accordance with the provisions set forth in this articletheir overall company seniority standing. When it becomes necessary to put represented employees back to work, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be those who were laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back firstto work according to their seniority standing. All EMPLOYEES who Their seniority when they come back will date as of the date, they were last hired with COTPA and not as of the date they were called, provided that any employee affected must have and had one year's accumulated service with COTPA at the time he or she was laid off. If he or she was not called back within twenty-four (24) months from the time he or she was laid off, he or she will lose all seniority. Also, he or she shall not receive the benefit of pay increase due to length of service while out of actual service. Any employee laid off must file his or her address in writing with the head of the department within one (1) week after he or she was laid off, and in case of change of address, the department head must be notified within twenty-four (24) hours. It is understood that the employee must return to service upon five (5) days’ notice of recall, Saturdays, Sundays, and holidays excluded. Notice of recall by certified letter deposited in the United States mail, or telegram filed with a telegraph company, will constitute notice under this section.
2. Employees with accumulated overall seniority that have been promoted to a supervisory position for COTPA will cease to accrue overall seniority during a reduction in force at such time as any UNION employee with more overall seniority has been laid off. The supervisory employee for COTPA will again begin to accrue seniority after receipt of a return to work by certified letter or telegram by COTPA, or after new employees are hired.
3. Laid off full-time employees shall be given preference for part-time work in order of seniority. Part-time status shall not impair recall right or full-time seniority rights.
4. COTPA may reduce the work force by section seniority given the following procedures.
a. The laid-off employees shall have the right of written recall within to bump into any other section, or division covered by this AGREEMENT in accordance to their job classification for a period of twelve (12) months from the date oflayoffoverall seniority.
8.4.1 When Bus Drivers/Bus Attendants are laid off due b. It shall be COTPA's responsibility to a Reduction train the employees in Forcethe job into which they bump. COTPA is not responsible for the training of those employees bumping into the Body Section, or the riffed EMPLOYEE(s) may move to the substitute poolMechanical Section. The riffed EMPLOYEE shall They must have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallprior training.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from c. Those bumping into the postmark date of Service Section or the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE Utility Maintenance Section will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.receive ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 a. In the event it is necessary the Superintendent determines to have a reduction in staff, abolish secretarial staff positions or to reduce the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event number of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse secretarial staffes’ unit, layoff will be in the reverse order of seniority within the job classificationsecretarial divisionsstaff classifications, subject to qualifications and skills. The Superintendent and/or his or her designee shall be the sole judge of qualifications, so long as such determination is not unreasonable.
8.2 The UNION b. For the purposes of this Article, divisions are the secretarial classifications stipulated in Appendix A, Secretarial Classification Schedule, and are enumerated as follows there are two secretarial staff job classifications:
(1) Secretaries
(2) Clerical Aides
(1) Classification I (52 week positions)
(2) Classification II (52 week positions) Classification III (46 week (220 days) positions) (44 week (210 days) positions) Classification III a (42 week (200 days) positions) (Where secretary is not needed during February and April vacation)
(3) A division of secretarial positions whose salaries are reviewed on a yearly basis: Accounts Payable Clerk
c. For purposes of the EMPLOYEES agreement:
(1) Total continuous time as a regular employee in a position covered by this Agreement or in the bargaining unit in months and days shall be given written notice used to compute an employee’s length of layoff at least service (seniority) as a secretaryin a secretarial staff position. An employee will acquire seniority after completing the probationary period and his/her seniority shall then date from the beginning of employment. (In case of a situation where two or more members of the bargaining unit are appointed on the same date, and there is need for reduction in force within the divisionclassification, they shall draw lots to establish their relative seniority status).
(2) The length of service of an employee shall be broken and no prior periods of employment with the Belmont Public Schools shall be counted if such employee: voluntarily resigns his or her employment, or is discharged by the School Committee.
(3) The length of service of an employee shall not be broken, but no seniority shall accrue, if an employee who has been discharged only for reasons of reduction in force is re-employed in a position covered by this Agreement within a period of 18 months immediately following the end of the recall period.
d. Secretaries Secretarial Staff who are to be affected by a reduction in force shall be notified thirty (30) calendar days prior to the date of on which the layoffreduction is to be effective, or payment will be made in lieu thereof.
8.3 EMPLOYEEs e. Secretaries Secretarial Staff who previously held another position within the bargaining unit may requestare on layoff shall, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from after the effective date oflayoffof layoff, be provided an opportunity according to seniority status to apply for any secretarial a position in their classification s that become available during this period.
8.4.1 When Bus Drivers/Bus Attendants are laid off due f. Appointment to a Reduction in Force, such vacancies shall be based on merit and specific qualifications for each vacancy as determined by the riffed EMPLOYEE(s) may move administrator involved and the Superintendent for Curriculum and Instruction. Such determination shall not be subject to the substitute pool. The riffed EMPLOYEE arbitration.
g. An employee shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / refuse re-employment for a longer or shorter work year without jeopardizing his/her first refusal right but will retain the right of recalllayoff status.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 24.1 Whenever the event it is necessary to have a reduction Superintendent, in staffthe exercise of his/her discretion, determines that the District shall reduce the number of teachers employed by the District, the SUPERINTENDENTDistrict shall (subject to the provisions of the General Laws of the Commonwealth of Massachusetts) implement such reduction by laying off, or not renewing the employment of those teachers without professional teacher status for whose position there is a teacher with professional teacher status qualified to fill. Once such reduction is implemented and completed, any further reductions shall be as set forth in the following provisions of this Article. The following provisions of this Article do not apply to teachers without professional teacher status. The Superintendent shall determine the anticipated staffing needs, identify the instructional fields in which the Superintendent intends to reduce the number of teachers employed by the District and select for lay off those teachers having the least "length of service" as will in the opinion of the Superintendent enable the District to meet its anticipated staffing needs and meet the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42. Thereafter the District shall notify the Association in writing of the District's anticipated staffing needs, the certifications in which the District intends to reduce the number of teachers employed by the District and the teachers selected for lay off. The Association may within ten days of the receipt of the aforesaid notice deliver notice in writing to the District containing the names of the teachers having the least length of service as will in the opinion of Association enable the District to accomplish the District's intended reduction. The District may after the expiration of the aforesaid ten-day period lay off from the District's employ any one or more of the teachers named in the District's notice to the Association or named in the Association's notice to the District. Lay off under this article shall not be subject to grievance or arbitration as to any given teacher unless (1) the Association has delivered the aforementioned notice of Association to District within the prescribed ten-day period and (2) the dismissed teacher's name does not appear on the aforementioned notice of Association to District. Teachers 2015-2018 A lay off grievable under this article shall be subject to arbitration under Article 4 commencing at paragraph 4.6 if claimed in writing within 30 days after written notice of lay off to the teacher in question. The issue to be presented to the arbitrator is: whether or not the District has laid off the teacher(s) with the "least `length of service'" that meets the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42 and, if not, what shall the remedy be. Length of service shall be:
A. The greater of (i) the number of school years, prior to the 1984-1985 school year, that a person presently in this collective bargaining unit was continuously employed in any capacity by the District or its predecessor systems, or (ii) the number of school years, prior to the 1984-1985 school year, that person was employed as a teacher by the District or its predecessor systems, provided such person is continuously employed in some capacity by District, plus
B. The number of school years subsequent to the 1983-1984 school year that a person is employed by the District for at least 50% of the work schedule of a full-time classroom teacher in a position of "teacher" as defined. Where an employee's work schedule is less than 100% of the work schedule of a full-time teacher but at least 50% of the work schedule of a full-time classroom teacher, such person shall be credited with a fraction of school year. The numerator of such fraction shall be the amount that such person receives as salary from the District and the denominator the amount that such person would have been paid had such person been employed full time. Such fraction shall be rounded to the nearest tenth. On or about October 10 in each year the Superintendent shall deliver to the Association an "October preliminary length of service list" setting forth the "length of service" and certification of each teacher as of October 1. All errors and omissions in such list shall be called to the attention of the Superintendent by the Association in writing. Each teacher shall submit to the Superintendent prior to January 10 of each year his certification or proof of certifiability (all paper work must be on file with Commonwealth to establish proof of certifiability) not appearing on the "October preliminary length of service list." On or about January 20 in each year the Superintendent shall deliver to the Association a "January preliminary length of service list" setting forth the "length of service" of each teacher as of October 1 and certification as of January 10. All errors and omissions in the "January preliminary length of service list" shall be called to the attention of the Committee by the Association in writing prior to January 30 of each year. Thereafter, the Committee shall publish a "length of service list" which shall be final and binding upon all parties. Service is broken only by a (a) termination of employment or (b) employment for less than 50% of the work schedule of a full-time classroom teacher except where the employee is on authorized leave of absence. Where the length of service of one or more teachers having the least number of years of service is the same, the teacher with the lowest level of academic degree shall be selected. If there be more than one teacher so situated, the teacher who has the least number of certifications shall be selected.
24.2 Teachers with professional teacher status who have been laid off pursuant to the provisions of this article may, if permitted by the District's insurer, continue their group life and health insurance coverage for a period of two years by promptly remitting to the District the total Teachers 2015-2018 premium costs in accordance with a mutually agreed upon schedule. Failure to forward premium payments to the District in accordance with the provisions set forth in mutually agreed upon schedule shall terminate this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:right.
8.1.1 PROBATIONARY employees within the job classification shall be 24.3 Teachers with professional teacher status who have been laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in pursuant to the inverse order provisions of seniority within the job classification.
8.2 The UNION and the EMPLOYEES this article shall be given written notice preference on the substitute list, if they so desire, for a period of layoff two years. Compensation shall be at least thirty the District's rate for substitute teachers as from time to time established by the Committee.
24.4 Employees with Professional Status
A) Employees will be recalled for vacancies for which they are certified. Employees will remain on a recall list for a period of two (302) calendar days prior to the years from their date of the layoff.
8.3 EMPLOYEEs B) An employee who previously held another position within is recalled by the bargaining unit may requestDistrict shall be recalled with no loss of seniority and all benefits he/she had accumulated at the time of his/her layoff.
C) Employees on the recall list will be given first priority in filling substitute teacher vacancies in areas they are certified, if they indicate, in writing, that they desire such employment.
D) When vacancies occur in the certification area(s) of an employee on the recall list, such employee shall be notified by certified mail at his/her last address of record. Failure to respond to the Superintendent of Schools with a letter of interest in the offered position within fourteen (14) calendar days of receipt of such notice, and to commence the assignment within five (5) business days of notification to the Reduction if school is in Force and session, shall be given considered a rejection of such offer. It shall be the opportunity responsibility of the employees on the recall list to bump back into that position provided their seniority allows and they meet inform the minimum requirements for Office of the positionSuperintendent of Schools, in writing, of changes of address.
8.4 E) The EMPLOYEE with Principal of the most seniority building at which the vacant position is located shall, subject to review and prior approval by the Superintendent and the provisions of Massachusetts General Laws Chapter 71, hire one such teacher and in so hiring the job classification held at said principal shall consider (a) the time relative length of lay off will service of said teachers and (b) the areas within which said teachers are certified. The decision of the Principal shall not be called back first. All EMPLOYEES who have been laid off subject to Article 4.
F) Employees on the recall list shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction priority in Force, the riffed EMPLOYEE(s) may move to the substitute poolfilling vacancies as herein before set forth. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no No new EMPLOYEES employees shall be hired in any job classification as long as there are EMPLOYEES to fill such vacancies until all appropriate employees on layoff in that classification who the recall list have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal been offered the vacancy pursuant to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodprovisions of this article.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth 1. The language in this articlearticle will apply only to employees who are laid off because of the following:
a. their position has been eliminated, shall determine which EMPLOYEES are to be retainedor
b. they have been displaced from their position by another Paraprofessional.
2. In the event that it becomes necessary to reduce the number of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off included in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestbecause of a decline in pupil enrollment, in writingreorganization or lack of funds, within five (5) business days of notification to the Reduction in Force and employees shall be retained based upon the following administrative evaluation of the criteria:
a. length of service
b. performance evaluations c. familiarity and knowledge of needed position/assignment
3. Employees with eight (8) years or more of service, whose positions have been eliminated, may request and will be given preference to transfer to another position occupied by an employee with lower length of service anywhere within the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionschool system.
8.4 The EMPLOYEE with 4. Once the most seniority in the job classification held at the time of lay off above process has been completed, management will identify:
A. those Paraprofessionals who will be called back firstin their current/new positions
B. those Paraprofessionals who will be transferred to another position, and
C. those Paraprofessionals who are being laid off by June 15th.
5. All EMPLOYEES Employees shall be credited for seniority purposes with all time spent on any paid leave of absence provided for in this Agreement.
6. Paraprofessionals who have been laid off shall have the right of written be entitled to recall within their job classification rights for a period of twelve ten (1210) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date starting September 1st of the District's letteryear of the layoff. During the recall period, sent Paraprofessionals shall be notified by Certified Mailcertified mail to their last address of record, to the EMPLOYEE's address on file and given preference for positions as they develop in the Human Resources Office shall result in termination inverse order of their respective lay-off, and all legally accrued contractual benefits to which the Paraprofessional was entitled at the time of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES lay-off shall be hired restored in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during full upon re-employment within the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall 7. Any laid off Paraprofessional, if they so desire, will be placed on the experience step substitute list and given preference over any new substitutes that are hired.
8. Laid-off employees may continue Health and Life Insurance coverage during the recall period as provided by the Committee and/or Town to members of the salary schedule bargaining unit by forwarding to the Town Treasurer the entire premium costs for the group plan. Failure to forward the premium payments to the Town Treasurer or refusal to return to employment upon recall will terminate this option.
9. While members of the bargaining unit are on which they were placed at recall, the time of layoffCommittee agrees to give preference to Paraprofessionals on the recall list.
10. Any Paraprofessional on the recall list who is offered a position and declines, relinquishes their right to future recall.
Appears in 1 contract
Samples: Collective Bargaining Agreement