Common use of REDUCTION IN FORCE Clause in Contracts

REDUCTION IN FORCE. 18.1 The District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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REDUCTION IN FORCE. 18.1 23.1 The District retains size of the workforce at any time is within the sole discretion of the Hospital. The parties acknowledge that throughout this Article, the determination of whether an employee is qualified for a position is within the sole discretion of the Hospital. 23.2 The Parties agree that in the event the Hospital determines that it will layoff bargaining unit members, informal discussions will take place to address issues related to the layoff no later than Five (5) days before the layoff. Nothing in these discussions will be inconsistent with this Article. 23.3 Layoffs will be accomplished by functional Department. Probationary employees in the affected functional Department will be laid off first. Traveler/Temporary nurses who were not hired because of specialized skills will be laid off next. In the event further layoffs are necessary, volunteers will be laid off. If additional layoffs are necessary the least senior employee(s) in the affected functional department will be laid off. 23.4 An employee who has been selected for layoff pursuant to this Article has the right to determine when fill a reduction in force/posted bargaining unit position provided he or she is qualified for that position. If the employee declines to fill such position he or she will be laid off. 23.5 If there is no posted bargaining unit position for which the employee selected for layoff is necessary, qualified he or she has the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the followingright: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an a. To displace a probationary bargaining unit employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position provided he or she is qualified for that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current budgeted position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in ; or, b. To displace a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees Traveler/Temporary nurse who are working in non-principal positions are was not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003)hired because of specialized skills; or, 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump c. To displace the least senior employee in his/her present classification, and the unit provided he or she is qualified for that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003)employee’s budgeted position; or, 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was d. Be laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty.

Appears in 3 contracts

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

REDUCTION IN FORCE. 18.1 The District retains 9.01 If the right to determine when a reduction in force/layoff is necessary, the number daily hours of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacantare reduced, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an such employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will may bump the least senior employee in his/her present classificationthat classification with greater hours, and that provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is no less senior employee will within the classification with greater hours, the employee may bump the least senior employee as specified above. Employees with greater hours in non-principal positions are not eligible to bump into principal positions, unless any classification previously held by the employee previously worked as a principal that is within the bargaining unit. 9.02 When in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years event of administrative service in building closing, job abolishment, or other reason determined by the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the DistrictSuperintendent, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who staff is separated as a result required, the number of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is people affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed kept to a minimum through attrition and by not employing replacements, insofar as close to his/her previous salarypractical, not to exceed of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the top basis of the new range of the position. When there are more administrative employees than reappointment positionssuch seniority, the criteria of 18.2.3 will apply. (2003) Employees whodisplaced personnel, if qualified and if unassigned because of reduction conditions described in force9.02 above, are placed shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in a teaching position will retain all previous administrative seniority for administrative salary placement purposes9.04 below. 18.3 The District will recall employees9.04 All openings, regardless if the employee transferred into an equivalent but different position or if the employee was laid offincluding vacancies resulting from 9.02 above, shall be announced and open for bids by written notification (certified mailall eligible employees as provided by this Agreement. Therefore, return receipt requested) displaced personnel assigned in the reverse order (greatest seniority to least seniority, based on the criteria manner outlined in 18.2.3) 9.03 above may bid on their temporary assigned positions or on any other existing openings for which they are qualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to their reduction, provided that remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. 9.05 For the employee is currently certified, if required, and/or qualified for purpose of this section the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice following classification series shall be sent deemed to exist: Child Nutrition Production, Child Nutrition Vended. 9.06 The following classifications shall be assigned to the employee’s last known address on file with the Human Resources officespecified series listed above: 9.0601 Child Nutrition Production 1. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to workProduction Kitchen Manager 2. The employee will have twentyCafeteria Xxxx 3. Food Production Assistant 4. Child Nutrition Assistant

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains A. Whenever the right Company deems it advisable to determine when a reduction part- time or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the same type of work in force/layoff is necessarythe district, through part- timing or layoffs or both, subject to the number of individuals who must following conditions: 1. Temporary employees shall be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Associationlaid off first. 2. The Association Company will utilize an advisory committee to review reduce contract labor in other locations within the reduction in force and to provide suggestions bargaining unit to the District regarding the procedures extent required (a 1 to follow. (2003) 18.2 Subject 1 basis) to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, accommodate employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, as part of their bumping rights in accordance with Section 6.01B. If an employee elects not to exercise his/her certification bumping options, the company may continue to use contract labor in that job title. 3. Next in order, employees with less than two (2) years’ seniority shall be declared surplus in the inverse order of seniority. 4. After the steps as outlined in paragraph 1 and qualifications. In regards 2 above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of its proposal to salary, equivalent administrative position shall mean a position at part-time including the same column on the Administrative Salary Scheduleapplicable reduction in hours, or it may declare employees surplus in the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time positioninverse order of seniority. 1. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked designated as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees surplus shall be determined by using the following criteria offered reassignment to available jobs in rank order listed. Employees are only eligible to bump employees at the same or lower column pay levels within the district affected, provided they are qualified to perform such jobs. Further, the surplus employee must have previously held the job title and have the skill and qualifications to perform the new job with the same a minimum of on-the-job training and familiarization (defined as 3 weeks or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003less) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee formal classroom training of 3 weeks or more is affected by a reduction in force and is placed in a position at a lower salaryrequired to perform the work, the employee will not be placed as close eligible to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposesbump. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position2. Employees who are placed on a recall list and who were working surplus shall be offered transfer to the jobs in non-Administrative positions paragraph 1 above in order of their seniority. 3. If there are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee no jobs available in the District. Recall notice district as provided in paragraph 1 above or the employees refuse the offer, then the employees shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twentylaid off.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains parties recognize the right to determine when a principle of seniority in the application of this Agreement, concerning reduction in force/layoff is necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless provided the employee previously worked as a principal in is fully qualified to perform the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years duties and responsibilities of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as on layoff shall retain this seniority and right to recall in seniority order for a result period of a reduction in force when no other administrative twenty-four (24) months after the date of layoff. An employee whose position is available to be reduced will be placed notified in writing, with a teaching position in accordance with his/her certificationcopy to the union xxxxxxx. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positionsafter layoff, unless the employee previously worked as an employee in the District. Recall notice shall be sent district will send written communication to the employee’s last known address on file with the Human Resources officedistrict notifying the employee of the recall, with a copy to the union xxxxxxx. The notice of recall will specify by when the employee mustmust accept the recall in order to retain continued employment. The period offered for consideration will be no less than three calendar days. 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, in writing(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 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 district will hold the position for the employee’s consideration for one calendar week. If the employee does not respond to the notice of recall within ten (10) school days of receiptthe specified time, accept or reject if the offer 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. The work in less than 14 calendar days after acceptance, unless the district and the employee will have twentymutually agree to an earlier return to work date.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. 18.1 The District retains A. Whenever the right Company deems it advisable to determine when part-time or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the same type of work in any department and any exchange, through part-timing or layoffs or both, subject to the following conditions: 1. Temporary and occasional employees shall be laid off first. 2. Next in order, employees with less than two (2) years' seniority shall be declared surplus in the inverse order of seniority. 3. After the steps as outlined in paragraph 1. and 2. above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of its proposal to part- time including the applicable reduction in hours, or it may declare employees surplus in the inverse order of seniority. 1. Employees who are designated as surplus shall be offered reassignment to available jobs within the exchange affected or in the other exchanges of the Company. 2. Employees who are surplus shall be offered transfer to the jobs in paragraph 1. above in order of their seniority. 3. Employees who are declared surplus may displace employees in similarly rated jobs or lower jobs for which they are qualified to the extent of replacing the employee with the lowest seniority in the similarly rated job or the lower rated job within the exchange, or work group if work group covers more than one exchange, or district (see Appendix C for applicable list of exchanges, districts and divisions to be used in the event of a reduction in force/layoff ). Qualified is necessarydefined as minimal refresher training (3 weeks or less). If formal classroom training of 3 weeks or more is required, the number employee shall not be deemed qualified to bump. a. Employees with more than three (3) years of individuals who must be terminatednet credited service may, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee if not able to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, displace an employee in a full time position will be assigned to a vacant full time positionthe exchange or work group if work group covers more than one exchange, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal or district in the District. (2003) 18.2.3 Thirdsame classification, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump displace the least senior employee in his/her present the division in the same classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twentyten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains A. Whenever the right Company deems it advisable to determine when part-time or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the same type of work in any department and any exchange, through part-timing or layoffs or both, subject to the following conditions: 1. Temporary and occasional employees shall be laid off first. 2. Next in order, employees with less than two (2) years' seniority shall be declared surplus in the inverse order of seniority. 3. After the steps as outlined in paragraph 1. and 2. above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of its proposal to part-time including the applicable reduction in hours, or it may declare employees surplus in the inverse order of seniority. 1. Employees who are designated as surplus shall be offered reassignment to available jobs within the exchange affected or in the other exchanges of the Company. 2. Employees who are surplus shall be offered transfer to the jobs in paragraph 1. above in order of their seniority. 3. Employees who are declared surplus may displace employees in similarly rated jobs or lower jobs for which they are qualified to the extent of replacing the employee with the lowest seniority in the similarly rated job or the lower rated job within the exchange, or work group if work group covers more than one exchange, or district (see Appendix C for applicable list of exchanges, districts and divisions to be used in the event of a reduction in force/layoff ). Qualified is necessarydefined as minimal refresher training (3 weeks or less). If formal classroom training of 3 weeks or more is required, the number employee shall not be deemed qualified to bump. a. Employees with more than three (3) years of individuals who must be terminatednet credited service may, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee if not able to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, displace an employee in a full time position will be assigned to a vacant full time positionthe exchange or work group if work group covers more than one exchange, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal or district in the District. (2003) 18.2.3 Thirdsame classification, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump displace the least senior employee in his/her present the division in the same classification. Employees with ten (10) or more years of net credited service may, if not able to displace an employee in the exchange or in the division in the same classification, and that employee will bump displace the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service Company in the school districtsame classification. 18.2.3.2 Seniority 4. If there are no jobs available in the current administrative position based on same or other exchanges as provided in paragraph 1. above or the total consecutive years in employees refuse the current administrative positionoffer or who do not accept or qualify under paragraph 3. above, then the employees shall be laid off. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District1. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move If additions to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, work force are required subsequent to a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, laid-off employees, in order of seniority, who submit a bid, shall be awarded the job for which they are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposesqualified, prior to anyone bidding under Article 16. 18.3 The District will recall employees, regardless if a. In the event an employee transferred on layoff status does not successfully bid into an equivalent but different position or if available job for which they are qualified within eighteen (18) months from the date of his/her layoff, the employment status of such employee was laid off, by written notification shall be considered terminated. b. An employee rehired within eighteen (certified mail, return receipt requested18) in months from the reverse order (greatest seniority to least seniority, based on date of his/her layoff shall have the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified continuity of his/her service protected and shall receive service credit for the new positionperiod of the layoff not to exceed six (6) months. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to Under no circumstances shall more than six (6) months credit be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice allowed during any twelve (12) month period. c. Notification shall be sent by certified mail to the such employee’s 's last known address on file with the Human Resources officeaddress. 2. The Any employee must, offered reemployment in writing, any classification for which he/she is qualified and who does not accept such reemployment within ten two (102) school days of receipt, accept or reject the offer to and return to work. The employee will have twentyemployment within fourteen (14) days shall be considered terminated.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 Section 19-1. The District retains Employer shall inform the right Union of proposed action to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When implement a reduction in force (RIF) as soon as practical after the Employer becomes aware that a RIF is necessaryimminent. Where attrition will not satisfy the proposed manpower reduction, the District Union will notify be invited to participate in the Associationdevelopment of the implementation plan. The Association Employer will utilize an advisory committee to review inform the reduction in force and to provide suggestions Union as to the District regarding the procedures approximate number of positions involved, types of positions, and proposed effective date. The Employer agrees not to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, implement this action until it has been negotiated in accordance with his/her certification and qualifications. In regards to salaryArticle 48, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school districtNegotiations. 18.2.3.2 Seniority in a. The Employer agrees to make every reasonable effort to minimize the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result effects of a reduction in force when no other administrative position in the unit through the‌ reassignment, under applicable regulations, of the employees to available vacancies for which they are qualified and immediately institute a freeze on hiring from the outside if at least fifty (50) employees are scheduled to be separated. Exceptions to the freeze would be filling of vacancies for mandatory mission needs, temporary fills, or if it is available determined that a vacancy cannot be used for RIF placement. b. The Employer agrees to consider modifying job qualification requirements for existing vacancies (same or lower grade positions), where appropriate, in order to retain employees scheduled for separation through reduction in force. Such action will be placed in a teaching position in accordance with his/her certificationapplicable regulations and consideration is extended only to employees who have the potential, capability, and aptitude to perform the duties of the position(s) as determined by the Employer. If When an employee is affected reassigned due to the position previously held having been eliminated, sufficient training as determined by a the Employer will be given the employee to enable him to perform the duties of the new position.‌ a. Prior to implementation, AFGE Local 1067 will be given written notice and opportunity to bargain.‌ Section 19-3. Where practicable, the Employer shall attempt to accomplish necessary reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposesby attrition. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 19.1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminatedreduced/laid off, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003). 18.2 19.2 Subject to the determination in 18.1 19.1 above, the parties agree to the following: 18.2.1 19.2.1 First, employees unit members who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003). 18.2.2 19.2.2 Second, an employee members who becomes become involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her their certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employeemember’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employeeadministrator’s current position. For example, an employee administrator in a full full-time position will be assigned to a vacant full full-time position, and an employee administrator in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003)WCSD. 18.2.3 19.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees unit members shall be determined by using the following criteria in rank order listed. Employees Administrators are only eligible to bump employees at the same or lower column and with the same or lower full full-time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in WCSD. Each unit member must be categorized into one or more positions for which the Districtunit member is qualified to hold, applying the following criteria to those unit members on the most recent “Seniority Year List”: 1. (2003)State License certification, subject area endorsement and highly qualified status as defined by the NCLB; 18.2.3.1 2. Criminal records consisting of gross misdemeanor convictions; 3. Seniority – includes - National Administrative Board Certification; 4. Performance evaluations as an employee based on total consecutive years of administrative service defined below in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification “groupings” as described for FY 2011-2012 and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in nonFY 2012-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty2013;

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 18.1 The District retains 9.01 If the right to determine when a reduction in force/layoff is necessary, the number daily hours of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacantare reduced, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an such employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will may bump the least senior employee in his/her present classificationthat classification with greater hours, and that provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is no less senior employee will within the classification with greater hours, the employee may bump the least senior employee as specified above. Employees with greater hours in non-principal positions are not eligible to bump into principal positions, unless any classification previously held by the employee previously worked as a principal that is within the bargaining unit. 9.02 When in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years event of administrative service in building closing, job abolishment, or other reason determined by the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the DistrictSuperintendent, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who staff is separated as a result required, the number of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is people affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed kept to a minimum through attrition and by not employing replacements, insofar as close to his/her previous salarypractical, not to exceed of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the top basis of the new range of the position. When there are more administrative employees than reappointment positionssuch seniority, the criteria of 18.2.3 will apply. (2003) Employees whodisplaced personnel, if qualified and if unassigned because of reduction conditions described in force9.02 above, are placed shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in a teaching position will retain all previous administrative seniority for administrative salary placement purposes9.04 below. 18.3 The District will recall employees9.04 All openings, regardless if the employee transferred into an equivalent but different position or if the employee was laid offincluding vacancies resulting from 9.02 above, shall be announced and open for bids by written notification (certified mailall eligible employees as provided by this Agreement. Therefore, return receipt requested) displaced personnel assigned in the reverse order (greatest seniority to least seniority, based on the criteria manner outlined in 18.2.3) 9.03 above may bid on their temporary assigned positions or on any other existing openings for which they are qualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to their reduction, provided that remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. 9.05 For the employee is currently certified, if required, and/or qualified for purpose of this section the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice following classification series shall be sent deemed to exist: Child Nutrition Production, Child Nutrition Vended. 9.06 The following classifications shall be assigned to the employee’s last known address on file with the Human Resources officespecified series listed above: 9.0601 Child Nutrition Production 1. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to workProduction Kitchen Manager 2. The employee will have twentyCafeteria Cook 3. Food Production Assistant 4. Child Nutrition Assistant

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains parties recognize the right to determine when a principle of seniority in the application of this Agreement concerning reduction in force/layoff , and/or reduction of hours by more than one hour per day, provided the employee is necessary, fully qualified to perform the number duties and responsibilities of individuals who must be terminated, and the areas within which such reductions in force will occurposition. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected occurs by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result elimination of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salaryposition, the employee will shall be placed as close to his/her previous salary, not to exceed on “layoff status”. Written notification that the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that has been eliminated and the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall “laid off” will be sent to the employee’s last known address by regular mail or emailed to their district email address or another email address provided by the employee or by hand delivery to the affected employee within five (5) working days by the Director of Human Resources. The union shall also receive a copy of said “laid off” notice.‌‌ If an employee’s hours have been reduced by more than one hour per day or the reduction will disqualify an employee who is currently receiving insurance benefits from those benefits, said employee shall have the right to stay in the reduced (hours) position or the right to bump the least senior employee within the same or lower classification who holds a position the employee is qualified for and whose hours are no more than 130% of the hours the affected employee held before the layoff. A laid off employee shall have three business days to decide whether or not to exercise their bumping rights. If a vacancy exists in a same or lower classification when an employee is placed on file with layoff status, the Human Resources officeemployee on layoff status would be notified of the vacancy. The employee mustshall have three working days from the date of notification of the vacancy to decide if he/she is interested in the vacant position. If said employee was interested in the vacant position, in writingsaid employee would be interviewed for the position. If said employee was determined to be fully qualified for the vacant position, within ten (10) school days of receipt, accept or reject he/she would be offered the offer to return to workposition. The employee shall have three working days to decide whether he/she wants the position. If said employee declines the job offer, then he/she would automatically be eligible to bump according to the above standards, provided he/she is fully qualified to perform the duties and responsibilities of the position. If said employee declines to bump, he/she shall be placed on layoff and retain seniority and right to recall, within same or lower classification, in seniority order for a period of twelve (12) months after the date of layoff except as noted below: If said employee on layoff status declines a job offer based upon the above procedure twice, the school district’s obligation to the employee is completed and the employee will have twentybe terminated with no seniority rights or recall rights. An employee exercising the bumping rights under this contract will not experience a step reduction.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the AssociationAssociation at least sixty (60) working days (defined as Monday- Friday excluding weekends and holidays) before any reduction in force is to take place. The Association will utilize an advisory committee to review the reduction in force and will work with the District to provide suggestions to the District regarding the procedures to follow. (20032021) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees Employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 SecondOnce employees who volunteer to leave have been identified under 18.2.1, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that is or becomes vacantvacant on or after the date the District notifies the Association of the planned reduction in force, in accordance with his/her certification and qualifications. In regards to salary, the equivalent administrative position shall mean a position at the same column or grade as on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current positiondesignated salary schedule (either the School Psychologist Salary Schedule or the Professional/Technical Salary Schedule). In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full full-time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003). 18.2.3 Third, if If no equivalent position is or becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listedcriteria. Employees are only eligible to bump employees at the same or lower column and/or grade and with the same or lower full full-time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. D. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003). 18.2.3.1 Seniority as an employee is based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining Employees who are affected by the provisions of Article 18. 2.3 will move to the next lower vacant administrative positionposition within the bargaining unit, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range salary schedule of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 18.1 The District retains 9.01 If the right to determine when a reduction in force/layoff is necessary, the number daily hours of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacantare reduced, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an such employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will may bump the least senior employee in his/her present classificationthat classification with greater hours, and that provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is no less senior employee will within the classification with greater hours, the employee may bump the least senior employee as specified above. Employees with greater hours in non-principal positions are not eligible to bump into principal positions, unless any classification previously held by the employee previously worked as a principal that is within the bargaining unit. 9.02 When in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years event of administrative service in building closing, job abolishment, or other reason determined by the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the DistrictSuperintendent, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who staff is separated as a result required, the number of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is people affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed kept to a minimum through attrition and by not employing replacements, insofar as close to his/her previous salarypractical, not to exceed of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the top basis of the new range of the position. When there are more administrative employees than reappointment positionssuch seniority, the criteria of 18.2.3 will apply. (2003) Employees whodisplaced personnel, if qualified and if unassigned because of reduction conditions described in force9.02 above, are placed shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in a teaching position will retain all previous administrative seniority for administrative salary placement purposes9.04 below. 18.3 The District will recall employees9.04 All openings, regardless if the employee transferred into an equivalent but different position or if the employee was laid offincluding vacancies resulting from 9.02 above, shall be announced and open for bids by written notification (certified mailall eligible employees as provided by this Agreement. Therefore, return receipt requested) displaced personnel assigned in the reverse order (greatest seniority to least seniority, based on the criteria manner outlined in 18.2.3) 9.03 above may bid on their temporary assigned positions or on any other existing openings for which they are qualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to their reduction, provided that remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. 9.05 For the employee is currently certified, if required, and/or qualified for purpose of this section the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice following classification series shall be sent deemed to exist: Child Nutrition Production, Child Nutrition Vended. 9.06 The following classifications shall be assigned to the employee’s last known address on file with the Human Resources officespecified series listed above: 9.0601 Child Nutrition Production 1. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to workProduction Kitchen Manager 2. The employee will have twentyCafeteria Cook 3. Food Production Assistant/Food Handler

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains 9.01 If the right to determine when a reduction in force/layoff is necessary, the number daily hours of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacantare reduced, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an such employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will may bump the least senior employee in his/her present classificationthat classification with greater hours, and that provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is no less senior employee will within the classification with greater hours, the employee may bump the least senior employee as specified above. Employees with greater hours in non-principal positions are not eligible to bump into principal positions, unless any classification previously held by the employee previously worked as a principal that is within the bargaining unit. 9.02 When in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years event of administrative service in building closing, job abolishment, or other reason determined by the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the DistrictSuperintendent, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who staff is separated as a result required, the number of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is people affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed kept to a minimum through attrition and by not employing replacements, insofar as close to his/her previous salarypractical, not to exceed of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the top basis of the new range of the position. When there are more administrative employees than reappointment positionssuch seniority, the criteria of 18.2.3 will apply. (2003) Employees whodisplaced personnel, if qualified and if unassigned because of reduction conditions described in force9.02 above, are placed shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in a teaching position will retain all previous administrative seniority for administrative salary placement purposes9.04 below. 18.3 The District will recall employees9.04 All openings, regardless if the employee transferred into an equivalent but different position or if the employee was laid offincluding vacancies resulting from 9.02 above, shall be announced and open for bids by written notification (certified mailall eligible employees as provided by this Agreement. Therefore, return receipt requested) displaced personnel assigned in the reverse order (greatest seniority to least seniority, based on the criteria manner outlined in 18.2.3) 9.03 above may bid on their temporary assigned positions or on any other existing openings for which they are qualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to their reduction, provided that remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. 9.05 For the employee is currently certified, if required, and/or qualified for purpose of this section the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice following classification series shall be sent deemed to exist: Secondary Child Nutrition, Elementary Child Nutrition, Pre-School Child Nutrition and Breakfast Child Nutrition, Arts Academy and High Ability Programs Child Nutrition, and Alternative School Child Nutrition. 9.06 The following classifications shall be assigned to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twentyspecified series listed above:

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 19.1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminatedreduced/laid off, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003). 18.2 19.2 Subject to the determination in 18.1 19.1 above, the parties agree to the following: 18.2.1 19.2.1 First, employees administrators who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003). 18.2.2 19.2.2 Second, an employee administrators who becomes become involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her their certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employeemember’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employeeadministrator’s current position. For example, an employee administrator in a full full-time position will be assigned to a vacant full full-time position, and an employee administrator in a half time position will be assigned to a vacant half time position. Employees Administrators who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees administrators previously worked as a principal in the District. (2003)WCSD. 18.2.3 19.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees administrators shall be determined by using the following criteria in rank order listed. Employees Administrators are only eligible to bump employees administrators at the same or lower column and with the same or lower full full-time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees Administrators in non-principal positions are not eligible to bump into principal positions, unless the employee administrator previously worked as a principal in WCSD. Each administrator must be categorized into one or more positions for which the Districtadministrator is qualified to hold, applying the following criteria to those administrators on the most recent “Seniority Year List”: 1. (2003)State License certification, subject area endorsement and highly qualified status as defined by the NCLB; 18.2.3.1 2. Criminal records consisting of gross misdemeanor convictions; 3. Seniority – includes - National Administrative Board Certification; 4. Performance evaluations as an employee based on total consecutive years of administrative service defined below in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off “groupings” as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twentydescribed below;

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 18.1 ‌ Section 1 This Article governs (a) transfers of function and (b) the separation, demotion, reassignment requiring displacement of an employee, or furlough for more than thirty (30) calendar days of bargaining unit employee(s) by reduction-in-force (RIF) from their respective levels. The District retains the right to determine when RIF will be accomplished in accordance with statutory requirements, OPM rules, regulations, and this Agreement. Section 2 When it is anticipated that a reduction in force/layoff is transfer of function or RIF affecting bargaining unit employees will be necessary, the number employer will request early-out authorization for such employees if the OPM guidelines or regulations may permit the authorization. In instances where early out authorization is not requested the employer will provide the reasons for the decision to the Union at the time of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Associationpreliminary RIF notification. The Association will utilize an advisory committee to review President of the reduction in force and to provide suggestions to National Council or the District regarding local President, if a local exists at the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(sField Office(s) affected by the reduction in force action, will be given preliminary notification not less than 5 days prior to the first issuance of general or specific notice to employee. The notification will include: A. the types of action to be separated. (2003)taken. 18.2.2 Second, an employee who becomes involved B. the reasons for the action and the amount of “shortfall” if the action is due to lack of funds. C. the competitive area(s) which are proposed to be used and the competitive levels; in each competitive area the employer agrees not to utilize competitive levels which include part but not all of the positions in a reduction job series and grade. D. the approximate numbers, types, and grades of positions of the organizational units to be initially affected. E. the expected or approximate date of each action. F. a copy of any economic impact study made in force procedure will be assigned conjunction with the action. G. other information related to the next equivalent administrative position that becomes vacantaction which is available to the employer. Section 3 Upon receipt of preliminary notification, the Union may request bargaining concerning aspects not covered by this Article. Upon such request, the parties will meet to negotiate such aspects at the earliest possible time. Section 4 The employer agrees to minimize adverse effects upon employees by accomplishing actions under this Article to the extent feasible through attrition and other alternatives as may be appropriate; the Union may make suggestions as to such alternatives and the employer will fully consider and respond promptly with its decision on the suggestions. A. The Agency may waive qualification requirements in accordance with hisgovernment-wide regulations for otherwise eligible employees. B. Where bargaining unit employees have received a notice of an action under this Article, the Agency will consider such employees for vacancies within the bargaining unit in the competitive area for which they are qualified. A. When issuing RIF notices, the Agency will ensure the minimum notice periods will be consistent with 5 CFR 351.801. B. In addition to the content required per 5 CFR 351.802 and 803, specific notices will also include: (1) applicable appeal/her certification grievance rights; (2) the action, to be taken and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as effective date; (3) the employee’s current position. In regards to full time equivalencyservice computation date, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For examplecompetitive area, an employee in a full time position will be assigned to a vacant full time positioncompetitive level, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positionssubgroup; (4) any offer of assignment by grade, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Thirdtitle, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualificationslocation, an employee will bump including the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible date by which acceptance is to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result the employer (within 7 calendar days after receipt of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an the notice); (5) the reasons any lower standing employee is affected by a reduction being retained in force the same competitive level for more than 30 days; (6) any other relevant information such as grade and is placed in a position at a lower salarypay retention. Upon request, the employee will be placed as close to his/her previous salary, not to exceed the top furnished with an extra copy of the new range notice. Section 7 Retention registers will be available for review in a duty status by employees and the Union at the time specific notices are issued. Additional records will be provided where applicable and appropriate. Retention registers shall be established and employees listed in order of their retention standing, tenure group, and subgroup. At the request of the position. When there are more administrative employees than reappointment positionsemployee, the criteria employee and/or the employee’s, representative will be given the opportunity to review retention registers listing other employees that may be entitled to displace him or her and those he or she may be entitled to displace, and review registers for positions for which the employee is qualified and related records to the extent that these are related to the employees’ situation. Upon request the employer will make copies of 18.2.3 relevant records available to employee(s) or the Union, to permit pursuing a corrective action, complaint, or grievance. Section 8 The employer will apply. (2003) Employees whotake appropriate action to prevent improper release of an employee in regard to incorrect crediting of service time, administrative error, or other incorrect action. Section 9 When release is unavoidable the employer agrees to reduce the adverse effects of the release by: A. offering the affected employee a best offer of an available position whenever possible; any offer of employment will be at the highest respective rate allowable under government- wide regulations. B. granting administrative leave and relocation expenses in accordance with applicable government-wide regulation on a case-by-case basis. C. making available complete information needed by employees to fully understand the RIF, transfer of function, or furlough for more than 30 days and why the employees are affected. D. upon request assisting employees affected by an action under this Article in use of the services of the OPM Career Transition Assistance Plan and the Interagency Career Transition Assistance Program, and training or benefits under State Employment Agencies in accordance with OPM. Section 10 Eligible career or career-conditional employees who are separated because of reduction RIF will be placed on a reemployment priority list, and such employees will be given priority for rehiring in force, the competitive area for permanent positions for which they are placed in a teaching position qualified and available. Acceptance of temporary employment will retain all previous administrative seniority for administrative salary placement purposesnot alter an employee’s right to be offered permanent employment. 18.3 Section 11 The District employer will recall employeesmaintain records related to actions under this Article for a least 25 months after the effective date of an action where such records could establish whether the action is appropriate. A. The employer will provide the Union with relevant information on a timely basis during an action under this Article, regardless if other actions, such as reorganization, appear to be necessary. Notification will also be provided where the employee transferred into change or new information would be relevant to the original action or assist the Union in representation duties. B. In the event disputes arise as to the duty to provide any such information, the Union’s participation in related activities will not affect the Union’s right to pursue the information through other procedures. In the event relevant information becomes available after completion of an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based Agreement on the criteria outlined in 18.2.3impact of an action under this Article, such agreement may be reopened prior to the effective date(s) to their reductionof the action(s). Section 13 If, provided as a result of actions under this Article, an employee is assigned duties different than those previously performed, the gaining supervisor will assure that the employee is currently certifiedprovided appropriate instructions, guidance, or training to assume the responsibilities of the position within 60 days. Supervisors will discuss training needs with employees performing different duties on an ongoing basis and will provide on-the-job training as needed. Section 14 Salary retention for released employees will be the maximum allowable under appropriate law and regulations. Section 15 Employees on detail will compete for retention from their permanent position, including competitive area and level, rather than from the position of detail. Section 16 The employer will assure that each affected employee is treated as an individual to the maximum extent possible to resolve special problems and to give special assistance. Section 17 Activities under this Article will be on official time for employees and Union representatives. Appropriate activities may include explanation of questions, reviewing records, and representation in contacts with the appropriate management officials. Section 18 The following procedure will be used to break ties when two or more employees in a competitive area and level have the same service computation date. Employees as described above will receive additional credit for the amount of experience, if requiredany, and/or qualified for in a job related to the new positionposition from which the release is to take place. Employees who are placed on In the event a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positionstiebreaker is still necessary, unless the employee previously worked as an employee in the District. Recall notice shall be sent to amount of time at the employee’s last known address on file Field Office will be used. Should a further tie result, the employee with the Human Resources office. lowest number in the 8th digit of the social security number will be subject to release; it is agreed the number “0” is lower than “1.” Section 19 The employee must, competitive area shall be a local commuting area unless it is not large enough to permit adequate competition in writing, within ten (10) school days of receipt, accept or reject accordance with applicable regulations; the offer to return to work. The employee will have twentyonly exception shall be the Houston area wherein competitive area shall be determined on a case-by-case basis.

Appears in 1 contract

Samples: Labor Management Agreement

REDUCTION IN FORCE. 18.1 19.1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminatedreduced/laid off, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003). 18.2 19.2 Subject to the determination in 18.1 19.1 above, the parties agree to the following: 18.2.1 19.2.1 First, employees unit members who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003). 18.2.2 19.2.2 Second, an employee members who becomes become involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her their certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employeemember’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employeeadministrator’s current position. For example, an employee administrator in a full time position will be assigned to a vacant full time position, and an employee administrator in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003)WCSD. 18.2.3 19.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees unit members shall be determined by using the following criteria in rank order listed. Employees Administrators are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in WCSD. Each unit member must be categorized into one or more positions for which the Districtunit member is qualified to hold, applying the following criteria to those unit members on the most recent “Seniority Year List”: 1. (2003)State License certification, subject area endorsement and highly qualified status as defined by the NCLB; 18.2.3.1 2. Criminal records consisting of gross misdemeanor convictions; 3. Seniority – includes - National Administrative Board Certification; 4. Performance evaluations as an employee based on total consecutive years of administrative service defined below in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification “groupings” as described for FY 2011-2012 and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in nonFY 2012-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty2013;

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. 18.1 1. All actions involving Reduction-in-Force (RIF) will be administered in accordance with 5 USC 3501-3504, 5 CFR Part 351, VA Handbook 5005, and other applicable laws and regulations. 2. The District retains Employer shall notify the Union in writing of any impending RIF action affecting employees. The employer agrees to notify the Union at the earliest possible date but no later than 90 calendar days prior to the effective date. The notification shall give full details of the impending action and shall consist, at a minimum, of (1) the reason for the action, (2) the approximate number, types, and location of positions affected, and (3) the approximate date of the action. The Union shall have the right to determine when a reduction negotiate with the Employer, if requested by the Union, concerning the impact of the RIF action on bargaining unit employees on issues not already covered in force/layoff is necessarythe contract. The Employer will maintain all lists, the number of individuals who must be terminatedrecords, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee information pertaining to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. actions taken under this Article for at least two (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate2) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, years in accordance with his/her certification applicable rules and qualificationsregulations. 3. In regards The Employer will freeze all relevant vacant positions within the facility at least 60 calendar days prior to salarythe effective date of a RIF. When the Employer decides to fill a vacant position after the effective date of the RIF, equivalent administrative position whether previously frozen by virtue of RIF or in the creation of new vacancies, affected employees will receive special placement consideration in accordance with the provisions and requirements of the VA Career Transition Assistance Plan. 4. An individual employee who is adversely affected by actions stated in this Article shall mean be given a position specific notice not less than 60 calendar days prior to the effective date of the action. All such notices shall contain the information required by OPM governing regulations. The Employer shall also provide any employee to be separated by RIF with the appropriate information regarding unemployment benefits and any severance pay available to them. 5. The Employer shall provide complete information needed by employees to fully understand the action and why they are affected. The Employer will (1) inform all employees as fully and as soon as possible of the plans or requirements for actions in accordance with applicable rules and regulations; (2) inform all employees of the extent of the affected competitive area, the regulations governing such action and the kinds of assistance provided to affected employees; (3) provide information to employees on career transition, and Federal and non-Federal job listings; (4) conduct a placement program within the Employer to minimize the adverse impact on employees who are affected by RIF, including counseling for employees by qualified personnel on opportunities and alternatives available to affected employees; and (5) provide career transition services to affected employees in accordance with the VA Career Transition Assistance Plan. 6. The Union may review any bargaining unit employee's OPF at an employee's written request if the employee believes that the information used to place him on the register is inaccurate, incomplete, or not in accordance with laws, rules, regulations, and provisions of this Article. 7. Employer will state in writing that to the best of its knowledge the retention register is accurate as of the date it was developed. A copy of the retention register, as appropriate, will be made available to the Union, if requested by the Union in writing, at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time positionearliest possible time. 8. Employees who are working in non-principal positions are not eligible identified for separation or change to be assigned to principal positions, unless the employees previously worked a lower grade as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force result of employees RIF under this Article shall be determined by entitled to reasonable time while otherwise in a duty status without charge to leave for (1) preparing, revising and reproducing job resumes and/or job application forms; (2) participating in local employment interviews; (3) using the following criteria in rank order listedtelephone for local calls for reasonable periods of time to locate suitable employment; and (4) reviewing job bulletins, announcements, etc. Employees are only eligible Such employees will also be entitled to bump employees at reasonable use of the same or lower column and with facilities and/or services for the same or lower full time equivalency. Professionalpurpose of locating suitable employment including local telephone, reproduction equipment, interagency messenger mail, E-Technical employees are only eligible to bump in their occupational seriesmail, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classificationtyping, and that employee will bump the least senior employee as specified abovecounseling. Employees in non-principal positions are not eligible Release from duty must be requested and approved and use of equipment is subject to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school districtavailability due to work requirements. 18.2.3.2 Seniority 9. Except for employees who are re-rated as allowed in 5 CFR Part 432, annual performance appraisals used for the current administrative position based on purpose of retention standing will be frozen 60 calendar days prior to the total consecutive years in effective date of the current administrative position. 18.2.3.3 Seniority with action. The three (3) latest annual appraisals of record prior to the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery freeze will be used to determine eligibility for additional credit toward an employee's SCD. To be credited under this Section, an appraisal must have been issued to the outcomeemployee with all appropriate reviews and signatures and must be on record. 18.2.4 Fourth, administrators remaining will move 10. Upon receipt of specific notice notifying the employee that they are offered a reassignment or change to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification grade or will be given released from their competitive level, the employee shall have 14 calendar days in which to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certificationaccept or reject the initial offer made. If an employee is affected by a reduction in force and is placed in a position at a lower salaryto be released from their competitive level, the employee "best offer" will be placed as close to his/her previous salary, the employee's current grade as possible. If a position with a higher representative rate or grade (but not to exceed higher than the top rate or grade of the new range employee's current position) becomes available on or before the effective date of the position. When there are more administrative employees than reappointment positionsRIF, the criteria of 18.2.3 Employer will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if make the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent better offer to the employee’s last known address . However, making the better offer will not extend the 60 calendar day notice period. Employees on file with detail will not be released during a RIF from the Human Resources office. The employee must, in writing, within ten (10) school days position to which they are detailed but from the affected employee's permanent position of receipt, accept or reject the offer to return to work. The employee will have twentyrecord.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains shall notify the right Union of layoffs prior to determine when Governing Board action or upon mailing of layoff notices, whichever is earlier. The District agrees to meet and consult with the Union to discuss alternatives prior to written notification to the employee. If no alternative is reached, then the employee will be given a reduction sixty (60)-day notice of layoff and will be requested to respond in force/writing within two (2) weeks of receiving notice as to whether they will accept the layoff is necessaryor invoke bumping rights. (See Ed. Code, § 88014.) In the event of a layoff, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the followingare as follows: 18.2.1 First, employees who volunteer a. The District shall create and provide to leave (terminate) from the area(s) affected by the reduction in force SEIU a seniority list for each impacted classification. b. Employee will be the first to be separated. given a sixty (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure 60)-day notice of layoff and will be assigned requested to respond in writing within two (2) weeks of receiving notice as to whether they will accept the next equivalent administrative position that becomes vacant, layoff or invoke bumping rights. c. Time in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees class shall be determined by using the following criteria date of hire in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an classification. d. An employee will may bump the least senior employee in his/her their present classificationclassification who has an equivalent percentage of full-time employment in paid status (i.e., months and that hours) if no equivalent vacancy exists. If there is no equivalent FTE position, the employee will may bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualificationsFTE. In no event can the employee bump into a higher FTE status. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction e. The least senior employee in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at the classification may bump into a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless classification if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) they hold permanent status in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee lower classification and there is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall lower classification with less seniority. f. The employee being bumped from a position will be given a sixty (60)-day notice shall 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 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 sent eliminated in reverse order of seniority. 18.2 An employee who has been notified that their 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 employee’s last known address on file with same level or a reassignment to a lower level for which they may have some essential skills to perform the Human Resources officeduties. b. A vacant position is defined as a regular permanent position which the District determines is critical and must be filled. The employee must, in writing, within ten (10) school days of receipt, accept may request to perform work that is being performed by provisional or reject limited-term employees and the offer 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 return to workthe supervisor for interviewing. The supervisor will determine the skill levels necessary to perform the tasks available and will select or not select a candidate. e. An employee will transferred or reassigned to a lower classification shall serve a probationary period, and the supervisor shall make a recommendation on permanent status on the final probationary evaluation. f. An employee who transfers or accepts reassignment to a lower-level classification in lieu of layoff shall have the right of reinstatement to their former position for a period of twenty-four (24) months in addition to the thirty- nine (39) months reemployment rights (Ed. Code, § 88117). 18.3 Any employee who is laid off with no other alternative for employment within the District shall be offered any temporary hourly position with similar duties or responsibilities being performed at their location of employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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REDUCTION IN FORCE. 18.1 The District retains A. If an employee is to be honorably dismissed, due to decreased enrollment, because the right to determine when a reduction in force/layoff is necessary, Board of Education has determined it shall decrease the total number of individuals who must be terminatedsupport personnel employed, and the areas within which such reductions in force will occur. When a reduction in force is necessarydiscontinue some particular type of support personnel service(s) and/or for reasons of economic necessity, the District will notify follow the Association. The Association will utilize an advisory committee to review requirements of Section 5/10-23.5 of the reduction in force and to provide suggestions Illinois School Code. B. Written notice shall be mailed to the District regarding the procedures to follow. affected employee at least thirty (2003) 18.2 Subject 30) calendar days prior to the determination in 18.1 aboveeffective date of the honorable dismissal, together with a statement of honorable dismissal and the reason therefore. Within the respective category of position, the parties agree to employee with the following: 18.2.1 First, employees who volunteer to leave (terminate) shorter length of continuing service from the area(s) affected by the reduction in force will first day worked shall be the first to be separated. (2003)dismissed first. 18.2.2 SecondC. The established categories of position shall be: • Full-year Administrative Assistants • 11 month Administrative Assistants • 10 month Administrative Assistants • School Receptionists • Technology Specialist 1 • Technology Specialist 2 • Full-time Media Assistants • Part-time Media Assistants • Accounts Payable/Purchasing Specialist • Payroll Specialist • Registrar • Benefits Coordinator D. If an employee's category of position changes for any reason, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards seniority will not transfer to salarythe new category, equivalent administrative position but seniority shall mean a position at be retained in the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current former category of position. In regards to full time equivalencythe event of a reduction-in-force, equivalent administrative an affected employee can exercise bumping rights into his/her former category of position shall mean at if another employee in the same full time equivalency as previous category has less seniority than the affected employee’s current position. (For example, an employee in if a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump current 11 month Administrative Assistant is the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee category but has five (5) years of previously worked accrued seniority as a principal 10 month Administrative Assistant, in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result event of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with the number of 11 month Administrative Assistants, the affected employee can exercise his/her certificationbumping rights back into the 10 month Administrative Assistant category if there is a current 10 month Administrative Assistant with fewer than five (5) years of seniority in that category.) E. If there is a vacancy in another category of position for which an affected employee has no prior experience but is otherwise qualified, the affected employee will have the option of filing the vacancy but will be required to serve a new probation period. F. If the District has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions becoming available within a specific category of position shall be offered, in order of seniority, first to honorably dismissed employees from that category, and then, in order or seniority, to honorably dismissed employees from all other categories of position covered by this Agreement, so far as such employees are qualified to hold such position. If an employee is affected by a reduction in force and is placed in Refusal of recall to a position at a lower salary, the employee will be placed as close or failure to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, respond within ten (10) school days after the mailing of receipta written recall notice sent by certified mail shall result in the Employee's forfeiture of recall rights. G. Tie breakers for seniority: If the length of continuing service within the respective category of position is equal between two or more employees, accept then seniority will be determined by tie breakers in the following order: 1) Total continuing service in a category less pro rata service credit in instances of unpaid leave not designated as FMLA leave 2) Total continuing service in all ESP categories 3) Total service in all ESP categories, whether or reject not continuous 4) If two or more employees remain equal in seniority after application of the offer to return to work. The above-listed factors, the employee with the greatest seniority will have twentybe decided by drawing lots

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 ‌ Section 1 This Article governs (a) transfers of function and (b) the separation, demotion, reassignment requiring displacement of an employee, or furlough for more than thirty (30) calendar days of bargaining unit employee(s) by reduction- in-force (RIF) from their respective levels. The District retains the right to determine when RIF will be accomplished in accordance with statutory requirements, OPM rules, regulations, and this Agreement. Section 2 When it is anticipated that a reduction in force/layoff is transfer of function or RIF affecting bargaining unit employees will be necessary, the number employer will request early-out authorization for such employees if the OPM guidelines or regulations may permit the authorization. In instances where early out authorization is not requested the employer will provide the reasons for the decision to the Union at the time of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Associationpreliminary RIF notification. The Association will utilize an advisory committee to review President of the reduction in force and to provide suggestions to National Council or the District regarding local President, if a local exists at the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(sField Office(s) affected by the reduction in force action, will be given preliminary notification not less than 5 days prior to the first issuance of general or specific notice to employee. The notification will include: A. The types of action to be separated. (2003)taken. 18.2.2 Second, an employee who becomes involved B. The reasons for the action and the amount of “shortfall” if the action is due to lack of funds. C. The competitive area(s) which are proposed to be used and the competitive levels; in each competitive area the employer agrees not to utilize competitive levels which include part but not all of the positions in a reduction job series and grade. D. The approximate numbers, types, and grades of positions E. The expected or approximate date of each action. F. A copy of any economic impact study made in force procedure will be assigned conjunction with the action. G. Other information related to the next equivalent administrative position that becomes vacantaction which is available to the employer. Section 3 Upon receipt of preliminary notification, the Union may request bargaining concerning aspects not covered by this Article. Upon such request, the parties will meet to negotiate such aspects at the earliest possible time. Section 4 The employer agrees to minimize adverse effects upon employees by accomplishing actions under this Article to the extent feasible through attrition and other alternatives as may be appropriate; the Union may make suggestions as to such alternatives and the employer will fully consider and respond promptly with its decision on the suggestions. A. The Agency may waive qualification requirements in accordance with hisgovernment-wide regulations for otherwise eligible employees. B. Where bargaining unit employees have received a notice of an action under this Article, the Agency will consider such employees for vacancies within the bargaining unit in the competitive area for which they are qualified. A. When issuing RIF notices, the Agency will ensure the minimum notice periods will be consistent with 5 CFR 351.801. B. In addition to the content required per 5 CFR 351.802 and 803, specific notices will also include: (1) Applicable appeal/her certification grievance rights. (2) The action, to be taken and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the effective date. (3) The employee’s current position. In regards to full time equivalencyservice computation date, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For examplecompetitive area, an employee in a full time position will be assigned to a vacant full time positioncompetitive level, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positionssubgroup. (4) Any offer of assignment by grade, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Thirdtitle, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualificationslocation, an employee will bump including the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible date by which acceptance is to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result the employer (within 7 calendar days after receipt of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an the notice). (5) The reasons any lower standing employee is affected by a reduction being retained in force the same competitive level for more than 30 days. (6) Any other relevant information such as grade and is placed in a position at a lower salarypay retention. Upon request, the employee will be placed as close to his/her previous salary, not to exceed the top furnished with an extra copy of the new range notice. Section 7 Retention registers will be available for review in a duty status by employees and the Union at the time specific notices are issued. Additional records will be provided where applicable and appropriate. Retention registers shall be established and employees listed in order of their retention standing, tenure group, and subgroup. At the request of the position. When there are more administrative employees than reappointment positionsemployee, the criteria employee and/or the employee’s, representative will be given the opportunity to review retention registers listing other employees that may be entitled to displace him or her and those he or she may be entitled to displace, and review registers for positions for which the employee is qualified and related records to the extent that these are related to the employees’ situation. Upon request the employer will make copies of 18.2.3 relevant records available to employee(s) or the Union, to permit pursuing a corrective action, complaint, or grievance. Section 8 The employer will apply. (2003) Employees whotake appropriate action to prevent improper release of an employee in regard to incorrect crediting of service time, administrative error, or other incorrect action. Section 9 When release is unavoidable the employer agrees to reduce the adverse effects of the release by: A. Offering the affected employee a best offer of an available position whenever possible; any offer of employment will be at the highest respective rate allowable under government-wide regulations. B. Granting administrative leave and relocation expenses in accordance with applicable government-wide regulation on a case-by-case basis. C. Making available complete information needed by employees to fully understand the RIF, transfer of function, or furlough for more than 30 days and why the employees are affected. D. Upon request assisting employees affected by an action under this Article in use of the services of the OPM Career Transition Assistance Plan and the Interagency Career Transition Assistance Program, and training or benefits under State Employment Agencies in accordance with OPM. Section 10 Eligible career or career-conditional employees who are separated because of reduction RIF will be placed on a reemployment priority list, and such employees will be given priority for rehiring in force, the competitive area for permanent positions for which they are placed in a teaching position qualified and available. Acceptance of temporary employment will retain all previous administrative seniority for administrative salary placement purposesnot alter an employee’s right to be offered permanent employment. 18.3 Section 11 The District employer will recall employeesmaintain records related to actions under this Article for a least 25 months after the effective date of an action where such records could establish whether the action is appropriate. A. The employer will provide the Union with relevant information on a timely basis during an action under this Article, regardless if other actions, such as reorganization, appear to be necessary. Notification will also be provided where the employee transferred into change or new information would be relevant to the original action or assist the Union in representation duties. B. In the event disputes arise as to the duty to provide any such information, the Union’s participation in related activities will not affect the Union’s right to pursue the information through other procedures. In the event relevant information becomes available after completion of an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based Agreement on the criteria outlined in 18.2.3impact of an action under this Article, such agreement may be reopened prior to the effective date(s) to their reductionof the action(s). Section 13 If, provided as a result of actions under this Article, an employee is assigned duties different than those previously performed, the gaining supervisor will assure that the employee is currently certifiedprovided appropriate instructions, guidance, or training to assume the responsibilities of the position within 60 days. Supervisors will discuss training needs with employees performing different duties on an ongoing basis and will provide on-the-job training as needed. Section 14 Salary retention for released employees will be the maximum allowable under appropriate law and regulations. Section 15 Employees on detail will compete for retention from their permanent position, including competitive area and level, rather than from the position of detail. Section 16 The employer will assure that each affected employee is treated as an individual to the maximum extent possible to resolve special problems and to give special assistance. Section 17 Activities under this Article will be on official time for employees and Union representatives. Appropriate activities may include explanation of questions, reviewing records, and representation in contacts with the appropriate management officials. Section 18 The following procedure will be used to break ties when two or more employees in a competitive area and level have the same service computation date. Employees as described above will receive additional credit for the amount of experience, if requiredany, and/or qualified for in a job related to the new positionposition from which the release is to take place. Employees who are placed on In the event a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positionstiebreaker is still necessary, unless the employee previously worked as an employee in the District. Recall notice shall be sent to amount of time at the employee’s last known address on file Field Office will be used. Should a further tie result, the employee with the Human Resources office. lowest number in the 8th digit of the social security number will be subject to release; it is agreed the number “0” is lower than “1.” Section 19 The employee must, competitive area shall be a local commuting area unless it is not large enough to permit adequate competition in writing, within ten (10) school days of receipt, accept or reject accordance with applicable regulations; the offer to return to work. The employee will have twentyonly exception shall be the Houston area wherein competitive area shall be determined on a case-by-case basis.

Appears in 1 contract

Samples: Labor Management Agreement

REDUCTION IN FORCE. 18.1 132 The District retains the right University endeavors to determine when a reduction provide continuing employment for Employees. Reductions in force/layoff is necessarywork force may be necessary due to lack of funds, the number lack of individuals who must be terminatedwork, and the areas within which such reductions in force will occur. When a reduction in force is necessaryand/or other cause, the District will notify not to undermine the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the A reduction in force will not be used for constructive discharge. An Employee may exhaust accrued vacation at the first time of layoff but doing so will not extend the Employer’s health care contributions. -133 Whenever practicable, reductions should be made by: A. restricting recruitment, B. transfers to vacant lateral or lower-level positions where the Employee is capable of performing the work, and/or C. normal attrition, but if deemed necessary by the University, layoffs will be utilized. -134 Employees to be separated. laid off shall be given a minimum of sixty (2003) 18.2.2 Second, an employee who becomes involved in 60) calendar days notice--a reduction in force procedure copy of which will be assigned sent to the next equivalent Association President--not to be offset by accrued vacation. -135 In the event of a National, State or University declaration of a state of disaster or state of emergency directly affecting the University’s normal operations: A. Where no work is available due to such conditions Employees shall be granted up to three (3) work days of paid administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards leave to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time positioncover their absence from their normally scheduled hours of work. Employees who are working in non-principal positions absent due to sick or annual leave usage or who have previously scheduled annual leave during the declared emergency are not eligible entitled to paid administrative leave. An Employee required to work during such declared emergencies shall, at a minimum, in addition to pay, be assigned granted paid time off equal to principal positionsthe number of hours worked, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. said Employees are only eligible entitled to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible overtime compensation pursuant to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003)other contractual provisions; 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move B. With notification to the next lower vacant Association, after the three (3) work days of paid administrative positionleave days provided in subsection (A) above, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a the Employer may temporarily layoff Employees for an additional period of twenty-seven (27) work days without providing to affected Employees the minimum sixty (60) day written notification will be given required by Paragraph 138, provided, however, the Employer shall give such affected Employees and the Association a written confirmation of their layoff status as soon as is administratively possible under the circumstances. Employees placed on temporary layoff may use accrued vacation leave, accrued personal leave and/or compensatory time to employees who are cover the period of the temporary layoff or choose to be laid off placed on unpaid leave; provided, however, while on temporary layoff, an Employee may request a change to sick leave usage for time taken for a documented illness; Employees without sufficient accrued vacation leave, accrued personal leave and/or compensatory time to cover all of the period of the temporary layoff shall be placed on an unpaid leave for all the uncovered balance of the temporary layoff period. An Employee who incurs unpaid leave as a result of reduction the temporary layoff shall have continued coverage under their current plan with the existing level of University contribution for Employer-paid health care coverage, prescription drug, dental, life insurance and insurance programs from the time of layoff continued during the temporary layoff; C. Upon expiration of the temporary layoff period provided for by this Paragraph, all Employees affected by the temporary layoff shall be recalled to their respective major units, unless notified in forceadvance in writing, with a copy to the Association, that he or she is being continued on an indefinite layoff. An employee who is separated Nothing in this sub- paragraph shall preclude a grievance being filed by the Association on behalf of such affected Employees seeking to enforce Paragraphs 132-133, 137 and 143- 150of this Article; D. The Association and the Employer shall meet in a special conference as a result soon as possible but no later than seventy-two (72) hours following the declaration of a reduction any emergency, and in force when no other administrative position is available subsequent meetings as needed upon the call of either party. One of the special conference issues which shall be addressed will be placed in the impact of the emergency upon the bargaining unit. E. For purposes of this Paragraph, “emergency” shall mean an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a teaching position in accordance with his/her certificationnatural or man-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic or public health emergency, air contamination, blight, drought, infestation, explosion, or hostile military action, or similar occurrences resulting from terrorist activities, riots, or civil disorders. If an employee is affected -136 Within a unit, by a reduction in force and is placed in a position at a lower salaryclassification, the employee probationary Employees will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there separated before non- probationary Employees are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided where it is determined that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions probationary Employees are not eligible likely to be recalled into Administrative positions, unless capable of performing the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, work within ten a ninety (1090) school days of receipt, accept or reject the offer to return to work. The employee will have twentydays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 Section 1. The District retains Employer shall inform the right Union of proposed action to determine when a reduction in force/layoff is necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When implement a reduction in force (RIF) as soon as practical after the Employer becomes aware that a RIF is necessary, the District will notify the Associationimminent. The Association Employer will utilize an advisory committee to review inform the reduction in force and to provide suggestions Union as to the District regarding approximate number of positions involved, types of positions, and proposed effective date. The Employer agrees not to implement this action until it has been negotiated in accordance with the procedures Article 32, Negotiations. a. The Employer agrees to followmake every reasonable effort to minimize the effects of a RIF in the bargaining unit through the reassignment, under applicable regulations, of the Employees to available vacancies for which they are qualified and providing maximum assistance in placement. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) The Employer will institute a freeze on hiring from the area(s) affected by the reduction in force will be the first outside if at least 50 Employees are scheduled to be separated. (2003)Exceptions to the freeze would be filling of vacancies for mandatory mission needs, temporary fills, or if it is determined that a vacancy cannot be used for RIF placement. 18.2.2 Secondb. The Employer agrees that, when an employee who becomes involved in a reduction in force procedure Employee is reassigned due to the position previously held having been eliminated, sufficient training as determined by the Employer will be assigned given the Employee to enable him to perform the next equivalent administrative position duties of the new position. Section 3. Where practical, the Employer shall attempt to accomplish necessary RIF by attrition. Section 4. The Union and any Employee affected by RIF action and his representative shall be permitted to inspect the retention register on which his name appears. Section 5. The Employer shall request, when appropriate, that becomes vacant, DOD determine that the agency is undergoing a major RIF for the purpose of authorizing voluntary early retirement under 5 U.S.C. 8336 (d) (2). Section 6. RIF will be conducted in accordance with his/her certification Federal-wide, and qualificationsagency regulations, and this agreement. Section 7. In regards The Union will receive at least two (2) weeks’ notice prior to salaryan informational notice of a RIF being released to the Employees. Upon request and prior to Employees receiving notice, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position Union will be assigned provided a list of affected bargaining unit Employees to a vacant full time positioninclude their offers, if applicable, and an employee in a half time position will be assigned to a vacant half time positioncopy of the retention register. Section 8. Employees who are working in non-principal positions are will receive not eligible to be assigned to principal positions, unless the employees previously worked as less than 60 days notice of a principal in the Districtspecific RIF action. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as OPM may approve a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, shorter notice period in accordance with his/her certification and qualifications. 18.2.5 Whenever possible5 C.F.R. 351.801 (b). Where DOD regulations provide for a 120-day notice when the RIF would involve separation of a significant number of Employees (e.g., a sixty (60) day written notification 50), such guidance will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposesimplemented. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 25-1 The District retains Employer will notify the right to determine when a Union of any proposed reduction in force/layoff force affecting bargaining unit employees as far in advance as is necessarypracticable, but not less than fifteen (15) days prior to receipt of reduction-in-force (RIF) notices by bargaining unit employees. This notification will to the extent of the information available state the grade levels and the number of individuals who must be terminatedpositions abolished, the proposed date and the areas within which such reductions reason for action. Office of Personnel Management regulations covering RIF procedures for employees in force the competitive service will occur. When a reduction in force is necessary, be utilized by the District will notify Employer throughout the AssociationRIF process. The Association Employer will utilize make RIF registers and other pertinent records available for review by the Union. 25-2 DEFINITIONS: The following definitions apply to this article: a. Local Commuting Area - the geographic area that usually constitutes one area for employment purposes. It includes any population center(s) and the surrounding localities in which people live and reasonably can be expected to travel back and forth daily in their usual employment. In the event of an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 aboveanticipated RIF, the parties agree will meet to discuss and establish local commuting areas. b. Competitive Levels – groups established by the Employer, consisting of all positions in the same grade (or occupational level) and classification series and which are similar enough in duties, qualification requirements, pay schedules, and working conditions so that an Agency may reassign the incumbent of one position to any of the other positions in the Competitive Level without undue interruption. 25-3 A specific RIF notice will be given to affected bargaining unit members not less than 60 days prior to the followingeffective date of the RIF and will include but not be limited to: 18.2.1 Firsta. the specific RIF action to be taken; b. the effective date of the action; c. the employee's competitive area, level, sub-group, and service date; d. the place where the employees who volunteer and Union representatives can inspect the regulations and records that are pertinent to leave (terminate) from his/her case; e. grade and pay retention information; f. the area(s) affected by employee's appeal rights, an appeal form and the reduction address of the appropriate Merit Systems Protection Board office; and g. information on outplacement programs. 25-4 It is agreed that the Union will meet as frequently as necessary with the Employer to insure compliance with the provisions of all applicable rules recognized for the purpose of providing effective placement of personnel in force the RIF, and insuring re-promotion and re-employment rights. The Union will be provided one copy of the RIF rules, to include all updates provided to the Employer. Maintenance of the RIF documents provided to the Union will be the first Union’s responsibility. The Employer recognizes the need for RIF’d employees to be separatedtrained when they are placed in new jobs. 25-5 RE-PROMOTION: Employees who have been downgraded because of the RIF process will obtain priority re-promotion consideration to their former grades as follows: a. Employees selected for re-promotion to positions at their former grades and competitive levels will be promoted without competition and in accordance with applicable rules and regulations. (2003)The Union will be provided copies of these regulations. 18.2.2 Second, an b. Employees will receive re-promotion consideration to positions at their former grades or to intervening grades if they are minimally qualified for the position. Re-promotion consideration will also be effected if it can be demonstrated that the employee would minimally qualify for the position within 90 days. c. Re-promotion of affected employees will be effected prior to any other permanent employee being hired into the same type or grade of a position. d. An employee meeting the above criteria who becomes involved believes he/she has not been adequately considered for re-promotion may file a grievance under the negotiated grievance procedure. 25-6 The Employer agrees that in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacantRIF, in accordance with Title 5 CFR Part 351, Section 351.803, all existing outplacement programs will be fully utilized, including utilization of the USDA Priority Placement Program, for affected bargaining unit employees who are being changed to a lower grade or separated. a. The Union and the Employer will jointly encourage each employee to see that his/her certification Official Personnel Folder (OPF) and qualificationsapplication material are up to date as soon as the RIF is announced. In regards The Employer will work with the affected bargaining unit employees in registering in existing outplacement programs and assuring that application material and OPF’s are current. At this time, outplacement eligibilities will be discussed. b. The Employer agrees to salary, equivalent administrative position shall mean a position at the same column provide Union officials all information on the Administrative Salary Schedule, or out-placement programs that are available to the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees affected bargaining unit members who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump fit into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school districtthis program. 18.2.3.2 Seniority in c. An employee shall lose eligibility for the current administrative position based on the total consecutive years in the current administrative positionoutplacement program if he/she refuses one (1) valid job offer. 18.2.3.3 Seniority with the District, based d. The Employer agrees to provide Union officials information on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcomehow employees may update their OPF and application material. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 1 contract

Samples: Labor Management Relations Agreement

REDUCTION IN FORCE. 18.1 The District retains In the right to determine when event that the Board of Trustees decides a reduction in force/layoff is necessary, the number of individuals who must Board will indicate what positions are to be terminated, affected and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force approximately what time frame will be the first involved for layoffs. Employees to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure laid off will be assigned to the next equivalent administrative position that becomes vacantgiven as much notice as possible, except in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time positioncases of emergency. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available by the school district will be placed laid off based on seniority within each category. The least senior employee in the category shall be the employee to be laid off unless the District determines that the reduction in staff affects a teaching position in accordance with his/her certificationthat requires unique training and experience. If an employee is affected by a reduction in force is necessary, a formal meeting with the superintendent will be scheduled and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top notified in writing of the new range of layoff and the position. When there are more administrative employees than reappointment positions, options available to them under the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to worknegotiated agreement. The employee will be given five (5) consecutive days to respond if applicable. An employee who is notified of layoff will have twentythe right to displace the least senior employee in their current category or the least senior employee in another category unless the District determines that the position to be filled requires unique training and experience. Any laid off employee will have the option to receive either a lump-sum payment equal to one-fourth (1/4) of their accumulated sick leave or retain their accumulated sick leave for up to fifteen (15) months in case of recall. If employee has been employed with the district for more than seven (7) years, they will receive a lump-sum payment equal to one-third (1/3) of their accumulated sick leave. If the laid off employee is not recalled after fifteen (15) months from the time of lay off they would receive a lump-sum payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave. If employee has been employed with the district for more than seven (7) years, they will receive a lump-sum payment equal to one-third (1/3) of their accumulated sick leave.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 17.3.1 The District retains may lay off or reduce the right FTE status of employees as made necessary due to determine when a lack of work, budgetary constraints or other business-related reasons. Any such reduction in force/layoff is necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a personnel or reduction in FTE status of greater than .1FTE, shall be considered a reduction-in-force is necessaryfor purposes of this Agreement. 17.3.2 An approved leave of absence does not prevent an employee from being subject to reduction-in-force. 17.3.3 Prior to a reduction-in-force, the District will notify provide 30 days written notice to the Association. The Association will utilize an advisory committee to review the reduction in force employee(s) affected and to provide suggestions the bargaining representative. During such period the bargaining representative may offer proposals regarding alternatives to the District regarding reduction-in-force which will be duly considered by the procedures to followDistrict. (2003If the affected employee(s) is an initial trial service employee(s) 18.2 Subject to the determination in 18.1 above, the parties agree above procedure will not apply and the District will be required to give the following:employee a minimum of one day advance notice. 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) 17.3.4 An employee affected by the reduction in a reduction-in-force will shall be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned transferred to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at within the same or lower column and classification with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational seriesFTE allocation (if any); provided he/she meets the minimum skills, as outlined in Appendix E. (2003) In accordance with his/her certification abilities and qualifications, an and can perform the full range of duties of the position, with a brief orientation or familiarization period. In the event that no such position is available, the employee will be offered the options from the list below to the extent they are available within the bargaining unit, and will be given five (5) business days following notice to choose among available options: a) The right to bump the least senior employee in histhe same classification (or from a lead to a non-lead) with a comparable FTE allocation provided he/her present classificationshe has more seniority than the employee being bumped, meets the minimum skills, abilities and qualifications for the position, and that can perform the full range of duties of the position with a brief orientation or familiarization period. “Comparable FTE allocation” shall mean the identical FTE allocation or, in the absence of a position with an identical FTE allocation, the position with the FTE allocation closest to the FTE allocation of the employee will bump designated for layoff. An employee denied the least senior employee as specified above. Employees in non-principal positions are not eligible right to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twentythe

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 Section 1: The District retains Employer will provide the right Union with information regarding projected reduction-in-force (RIF) actions that will adversely affect Employees within five workdays of the receipt of such information. Such information will include copies of letters or messages from higher levels and Unit Xxxxxxx Document (UMD) changes. Copies of retention registers, notices and personnel actions used to determine when make job offers or place Employees under RIF procedures will be provided to the Union upon request in writing through the civilian personnel office to AFPC. In the event of a reduction RIF, vacancies will be used to the maximum extent possible to place Employees in force/layoff is necessary, continuing positions in order to minimize the impact on Employees and reduce the number of individuals who must demotions and separations. Management will make every effort to freeze open slots for a pending RIF to place the Employees that are affected by the RIF. Section 2: The Employer will brief all Employees to be terminatedissued RIF notices on general RIF procedures in the presence of a Union representative. The Employer will be available to individually counsel all Employees adversely affected by a RIF action and if requested, with a Union representative present. Section 3: Employees adversely affected by a RIF action will have access to review their EOPF and other records pertaining to the areas within which such reductions in force action, including governing directives, upon written request through civilian personnel office to AFPC. Section 4: The Employer will occur. When give all Employees and their representatives at least 60 days specific written notice prior to a reduction in force is necessaryaction. Section 5: In order to avoid the separation of Employees under RIF procedures, the District Employer will notify the Associationconsider waiving qualification standards, as provided in governing regulations, to place Employees in vacant positions. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 aboveWithin available resources, the parties agree to Employer will provide training or work assignments during the following: 18.2.1 First, employees who volunteer to leave (terminate) from notice period if such assignments will qualify the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned Employee for assignment under RIF procedures to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with Section 6: Employees given written notification of a proposed reduction-in-force action may be excused for a reasonable amount of time without charge to leave for: a. Participating in placement interviews within the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcomelocal commuting area. 18.2.4 Fourth, administrators remaining will move to b. Receiving assistance from the next lower vacant administrative position, in accordance with his/her certification Family Support Center and/or preparing and qualificationsrevising resumes or job applications. 18.2.5 Whenever possiblec. Reviewing job bulletins, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salaryannouncements, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposesetc. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 1 contract

Samples: Labor Management Agreement

REDUCTION IN FORCE. 18.1 The District retains the right to determine when If a reduction in force/layoff is reduction-in-force becomes necessary, the number following provisions will apply and will be completed within thirty (30) calendar days from the start of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District choice process: A. UMMS will notify the Association. The Association will utilize an advisory committee to review and the reduction initially affected nurses as soon as possible, but in no event less than two (2) weeks from the intended reduction-in-force and to provide suggestions to the District regarding the procedures to follow. and, within five (2003) 18.2 Subject to the determination in 18.1 above5) business days, the parties agree will confer relative to the following:use of alternative procedures. If no alternative procedure is agreed upon, the reduction-in-force will proceed upon as set forth below. Notice shall be sent to the Association and the affected RNs by certified mail and to the RN’s address as it appears in UMMS' personnel records. Vacancies will be frozen as of the date of notification. 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the B. A reduction-in-force shall be defined as a UMMS-initiated reduction in an RNs committed scheduled hours or separation of an RN from employment, other than suspension or discharge under this agreement. A reduction-in-force will be the first to be separated. (2003) 18.2.2 Secondshall also include a reassignment that results directly from a closure, an employee who becomes involved in relocation, integration of a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacant, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean unit or elimination of a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority C. The RN with the Districtleast seniority, based on as defined in Article XV, in the total consecutive years with unit and position in which the District. (2003) 18.2.3.4 All other conditions being equalreduction is made, a lottery will be used to determine the outcomelaid off first. 18.2.4 FourthX. XXx who have completed their probationary period shall have bumping rights as described below, administrators remaining provided that an RN may bump only an RN with less seniority. An RN will move be educated and oriented to perform the functions of the position with an orientation customary to the next lower vacant administrative position, in accordance with his/her certification and qualificationsunit. 18.2.5 Whenever possibleE. Bumping will occur as follows: 1) There shall be a RIF Notice sent by UMMS to all members of the bargaining unit. Bargaining unit members within the affected unit may apply for voluntary layoff with severance, a sixty (60or voluntarily reduce committed hours up to the number of affected staff. 2) day written notification Preference will be given to employees who are RIF nurses for vacancies that have not been filled at the time written notification is given to the MNA of a RIF and any posting occurring during the notice period prior to the RIF. If a nurse is actually working in the new position, then RIF’d nurses will not be laid off given preference for these positions. 3) An updated vacancy list will be provided to the Union by UMMS, as well as an updated RIF list by seniority. UMMS shall also provide an updated seniority list to the Union by unit, shift, hours and a result master seniority list of reduction all bargaining units from most senior person to least. 4) UMMS will notify each affected nurse, in forcewriting, of the following options: • Layoff with bumping rights; • Choose a vacancy; • Accept a layoff. An employee RN who receives an initial layoff notice shall have the option to fill available vacancies, or may displace (bump) any less senior RN (any unit, any shift, and any hours). In making a decision to displace a less senior RN, the RN shall meet jointly with a representative of management and a representative of the MNA to discuss the competencies necessary for the position he/she seeks to fill. The parties agree that all decisions to bump must be made consistent with maintaining high quality patient care and the ability of the unit to provide appropriate orientation to the incoming RN. The displaced RN will then be placed on the layoff list in order of seniority (most senior first). The impacted RN must exercise rights pursuant to this article, and nothing herein will limit a RNs' rights stated in this article. If that nurse bumps, then the nurse who is separated displaced by bumping shall be placed on the master seniority list by seniority. Per Diem staff may be used during the affected notice period in the unit where the RIF has occurred. 5) Each RN must be available during the bumping process or may appoint a designee to make decisions for the affected RN prior to being unavailable. If the RN or designee is unavailable at the time the RN is required to make a decision, then the RN forfeits her/his position on the bumping list and upon returning may take the next available position on the bumping list but may not bump any RN who proceeded her/his selection. X. Xx RN who chooses not to exercise bumping rights and to take a layoff may apply for unemployment compensation in the same manner as any RN who loses their position as a result of a reduction in force when no other administrative reduction-in-force. X. Xx RN who is laid off shall be entitled to receive previously approved tuition reimbursement or waiver for course(s) taken at the time of separation. H. A recall list shall be established which will include any RN subject to RIF. Any RN past probation subject to RIF shall have recall rights for the next available position is available for one (1) year following the RIF. After six (6) months internal postings for vacant positions will be placed posted at the same time as the letter for recall is sent, provided RNs past probation on the recall list have preference for all vacancies. Recall shall be accomplished in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority of RIF by certified mail to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the Districtlast known address. Recall notice notices shall be sent to the employee’s last known address Association. A nurse who receives such notification must accept the position within five (5) calendar days. The School shall mail the notification to the RN requiring her/his personal signature on file the certification notice. RNs whose hours are reduced on a non-voluntary basis during a RIF shall have preference for any and all additional hours available in or added to their particular unit up to the equivalent of their original position for one (1) full year after the implementation of the RIF. Any RN displaced from a position which again becomes available prior to one full year after the implementation of the RIF shall have preference for said position. I. Nurses who are laid off shall receive severance in accordance with the Human Resources office. The employee must, in writing, within ten following schedule: Less than five (5) years – Four (4) weeks Five (5) to nine (9) years – Six (6) weeks Ten (10) school days of receipt, accept to fourteen (14) years – Eight (8) weeks Fifteen (15) or reject the offer to return to work. The employee will have twentymore years – Ten (10) weeks

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 The District retains 9.01 If the right to determine when a reduction in force/layoff is necessary, the number daily hours of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that becomes vacantare reduced, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an such employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will may bump the least senior employee in his/her present classificationthat classification with greater hours, and that provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is no less senior employee will within the classification with greater hours, the employee may bump the least senior employee as specified above. Employees with greater hours in non-principal positions are not eligible to bump into principal positions, unless any classification previously held by the employee previously worked as a principal that is within the bargaining unit. 9.02 When in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years event of administrative service in building closing, job abolishment, or other reason determined by the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the DistrictSuperintendent, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who staff is separated as a result required, the number of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is people affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed kept to a minimum through attrition and by not employing replacements, insofar as close to his/her previous salarypractical, not to exceed of employees who resign, retire or otherwise vacate a position. 9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the top basis of the new range of the position. When there are more administrative employees than reappointment positionssuch seniority, the criteria of 18.2.3 will apply. (2003) Employees whodisplaced personnel, if qualified and if unassigned because of reduction conditions described in force9.02 above, are placed shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in a teaching position will retain all previous administrative seniority for administrative salary placement purposes9.04 below. 18.3 The District will recall employees9.04 All openings, regardless if the employee transferred into an equivalent but different position or if the employee was laid offincluding vacancies resulting from 9.02 above, shall be announced and open for bids by written notification (certified mailall eligible employees as provided by this Agreement. Therefore, return receipt requested) displaced personnel assigned in the reverse order (greatest seniority to least seniority, based on the criteria manner outlined in 18.2.3) 9.03 above may bid on their temporary assigned positions or on any other existing openings for which they are qualified. If the displaced employees’ bids are accepted, said group of employees shall not be required to their reduction, provided that remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees. 9.05 For the employee is currently certified, if required, and/or qualified for purpose of this section the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice following classification series shall be sent deemed to exist: Secondary Child Nutrition, Elementary Child Nutrition, Pre-School Child Nutrition and Breakfast Child Nutrition, Arts Academy and High Ability Programs Child Nutrition, and Alternative School Child Nutrition. 9.06 The following classifications shall be assigned to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten specified series listed above: 9.0601 Secondary Child Nutrition (101) school days of receipt, accept or reject the offer to return to work. The employee will have twentyCafeteria Cook (2) Xxxxx/Salad Maker/Pizza Specialist (3) Cafeteria Helper 9.0602 Elementary Child Nutrition (1) Lunchroom Manager (2) Lunchroom Foodhandler (3) Lunchroom Assistant

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. 18.1 ‌ (a) The District retains Employer has the right to determine when a reduction reduce the force, i.e., to conduct layoffs. The term, “reduce the force” as used herein, shall be construed as synonymous with layoff for economic reasons and/or “staff reductions.” (b) The Publisher shall give the Guild at least three weeks prior notice of any layoff. The notice shall be in force/layoff is necessarywriting and shall include the job classifications affected. (c) When deciding on layoffs, the number of individuals who must Employer shall be terminatedable to designate, and the areas within which such reductions in force will occur. When a reduction in force but is necessarynot required to designate, the District will notify the Association. The Association will utilize an advisory committee up to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. 12% (2003) 18.2 Subject to the determination in 18.1 above, the parties agree to the following: 18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be the first to be separated. (2003) 18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned rounded to the next equivalent administrative position that becomes vacantwhole number) of the employees affected, in accordance with his/her certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned exempt from layoff. The employees remaining must be able to principal positions, unless perform the employees previously worked as a principal in essential elements of the Districtjob. (2003) 18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees Job classification seniority shall be determined on the basis of the last continuous employment by using the following criteria Employer regardless of any change in rank order listedjob classification. Employees are only After designating such employees, any further layoffs will be based on seniority. (d) Seniority shall be considered broken by (1) discharge for just and sufficient cause, (2) resignation or retirement, (3) twelve (12) consecutive months of layoff or (4) refusal to accept an offer of rehire. Any issues relating to seniority for purposes of lay off shall be subject to the grievance and arbitration provisions of this Agreement. (e) In its sole discretion the employer may exercise its rights to offer employees in the affected job classifications a voluntary buyout opportunity, the terms of which will be negotiated with the union. In the event that the parties have not reached an agreement on the terms of the buyout opportunity, by the proposed date of the layoff, the Employer’s last offer will prevail and be effective. (f) A full time employee who has been dismissed to reduce the force, either under section (a) or section (c) above, will be eligible to bump receive severance pay calculated as follows: two weeks of base pay for the first year of employment, plus an additional one week of base pay per year of service or major portion thereof (i.e., 6 plus months rounds up to one year) per year of employment, with a maximum payment of twelve weeks of severance. For existing employees at as of the same ratification of this agreement on May 31, 2024 with more than 12 years of continuous years of service or lower column major portion thereof on the date of ratification, severance will be one week for the first year and with one week for each additional year, to a maximum of 21 weeks. Years of employment for purposes of severance pay shall be those years of continuous, uninterrupted employment in a workplace prior to and since acquisition by the same or lower full time equivalencyEmployer. ProfessionalSeverance pay will be paid as a one-Technical employees are only eligible to bump in their occupational seriestime-only, as outlined in Appendix E. (2003) In accordance with his/her certification lump sum payment, less applicable withholdings and qualifications, an deductions. Payment of severance is contingent upon the employee will bump the least senior employee in his/her present classificationsigning, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003) 18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district. 18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position. 18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003) 18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome. 18.2.4 Fourth, administrators remaining will move to the next lower vacant administrative position, in accordance with his/her certification and qualifications. 18.2.5 Whenever possible, a sixty (60) day written notification will be given to employees who are to be laid off as a result of reduction in force. An employee who is separated as a result of a reduction in force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in force and is placed in a position at a lower salaryrevoking, the employee will Employer’s separation agreement and general release (g) Dismissals to reduce the force may be placed as close to his/her previous salarygrieved, but shall not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposesbe arbitrable. 18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least seniority, based on the criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the new position. Employees who are placed on a recall list and who were working in non-Administrative positions are not eligible to be recalled into Administrative positions, unless the employee previously worked as an employee in the District. Recall notice shall be sent to the employee’s last known address on file with the Human Resources office. The employee must, in writing, within ten (10) school days of receipt, accept or reject the offer to return to work. The employee will have twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

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