Common use of REDUCTION IN FORCE Clause in Contracts

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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REDUCTION IN FORCE. Whenever the Board deems it necessary 136 The University endeavors to reduce the number of employees provide continuing employment for employees. However, reductions in work force may be necessar y due to lack of funds, lack of work, or and/or other cause, not to undermine the abolishment of a positionAssociation. Whenever practicable, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will reductions should be made by first laying restricting recruitment, transfers to vacant lateral or lower level positions where the employee is capable of performing the work and/or normal attrition, but if deemed necessary by the University, layoffs will be utilized. GENERAL PROVISIONS -137 Employees to be laid off temporary employees and then regular employees. RIF employees shall be offered given a minimum of thirty (30) calendar days notice--a copy of which will be sent to the first opportunity Association President --not to fill substitute and temporary positions be offset by District seniorityaccrued vacation. -138 Within a unit, probationary employees will be separated before non - probationary employees are laid off, where it is determined that the non -probationary employees are able to pe rform the work within a ninety (90) day evaluation period. 25.03 The procedure A. Where ability to be used perform the work remaining is equal, the Employer will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a follow these priorities for reduction in force, the Board will notify the local Association President : 1. Employees with unsatisfactory records before employees with satisf actory records. 2. Employees with short service before employees with long service. OFFICE OF THE PRESIDENT Office of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis President Internal Audit OFFICE OF THE XXXXXXX AND VICE PRESIDENT FOR ACADEMIC AFFAIRS Office of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date Xxxxxxx and Vice President for Academic Affairs Administrative Information Services Broadcasting Services Clinical Center/MSU Health Team Administration Computer Laboratory Department of Board meeting hiring the regular employee, and (2) the sum Aero space Studies Department of Military Science Enrollment Services Facilities Planning and Space Management Faculty Grievance Official Honors College Instructional Media Center Libraries MSU Press Office for Affirmative Action Compliance and Monitoring Offic e of Academic Human Resources Office of Admissions and Scholarships Office of Curriculum & Catalog Support Office of Financial Aid Office of Planning and Budgets Office of the last four (4) digits Assistant Xxxxxxx and Assistant Vice President for Academic Human Resources Office of the employee’s social security numbers Assistant Xxxxxxx for the high number. If the summation Academic Student Services and Multicultural Issues Office of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list Assistant Xxxxxxx for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off Undergraduate Education and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request Academic Services Office of the bargaining unit members.Associate Xxxxxxx Office of the Director, Undergraduate University Division Office of the Registrar Office of the Vice Xxxxxxx for Libraries, Computing and Technology Office of the Vice Xxxxxxx for University Outreach Xxxx Health Center Ombudsman Performing Arts Facilities & Programs Resource Center for Persons with Disabilities Secretary for Academic Governance Student Athlete Support Services Supportive Services Teaching Assistant Program University Archives & Historical Collections Upward Bound Women’s Resource Center

Appears in 2 contracts

Samples: Labor Contract, Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever If the Board deems it necessary to City should reduce its work force, layoffs shall be made within each department by job title within classification based on seniority as defined in Article 13 - Seniority, unless the number of employees due to lack of funds, lack of work, or the abolishment City determines that a bona fide special operational need exists that requires retention of a positionless senior employee. The City agrees to notify employees and the Union designee with a copy to the Local Union President not less than thirty (30) days prior to any layoff, except in the event of an emergency. If, prior to formal layoff notification as provided above, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by City chooses to inform a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members member of the bargaining unit that they may be laid off, the City will also inform the Union of this potential layoff. Failure by the City to provide notice of possible layoffs to affected employees or the Union prior to the obligation for formal notification will not be subject to the grievance procedure. Employees who are to be laid off may bump down within the same department to a job title within the same classification for which the employee is qualified to perform the required work, unless the City determines that a bona fide special operational need exists that requires retention of a less senior employee. An employee who bumps into a lower job title within classification shall be placed on seniority lists according to classification. Prior to a reduction the salary schedule in forcethe lower job title at the highest rate, which does not exceed the Board will notify employee’s rate in the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of higher job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classificationtitle. An employee entitled who wishes to bumping rights must notify bump down into a lower job title within the Board within two classification shall provide written notice no later than five (25) work working days if he/she intends from the day of receipt of notification of layoff. Employees who are to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made given preferential consideration for vacancies in other departments if the employee possesses the skill, ability and experience required in the vacant position. In lieu of layoff, an employee may take a voluntary demotion to a lower job title within the department, requiring similar knowledge, skills and abilities. This is contingent on availability of vacant positions, and the basis of the greater District seniority. If District seniority is equal, then the determination employee shall be made paid at the wage established for the lower job title. The employee may be placed at any step in the following order: (1) date of Board meeting hiring the regular employeerange in accordance with their experience, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken as recommended by the toss of a coinDepartment Head. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever The Board of Education of Xxxxxxx County retains the Board deems it necessary right to reduce its work force by reducing the number of employees. The reduction in force process will begin when there are more employees due than positions in their category. 1. In any reduction of unit members necessitated as a result of budgetary actions and/or administrative reorganization, unit members shall be laid off from the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment affected on the basis of seniority. When employees have the same hire date, the needs of the school system will determine which employees are laid-off. Exception to lack of funds, lack of work, or this would be where the abolishment of a positionsenior unit member who would be kept does not have the minimum requirements necessary to perform the remaining work within the affected unit member assignment. In the event the minimum qualifications for any position are changed, the following procedures shall applyprocedure will be followed for unit member(s) not meeting the new qualifications by the effective date: 25.01 To a. Unit member(s) not meeting the extent possibleminimum qualification will be identified by the Department of Human Resources. b. Unit member(s) identified by Human Resources will have the option of selecting the position of the least senior employee in the same classification who holds the position for which they qualify. c. If the affected unit member does not select the position of the least senior unit member, they are eligible for voluntary transfer as outlined in Section C. d. If the affected unit member does select the position of the least senior unit member, the displaced unit member is eligible for voluntary transfer as outlined in Section C. e. If more than one unit member is identified as not meeting new minimum qualifications for their current position, an equal number of bargaining unit the least senior employees in the same classification for which the affected members affected by a reduction in force qualify will be minimized identified by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsHuman Resources. 25.02 Reductions needed beyond those available f. The affected members beginning with the highest senior unit member may select a position from the positions identified in “e” of this Section. The procedures then follow as mentioned above, will be made by first laying off temporary employees outlined in “c” and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority“d” of this Section. 25.03 The procedure to be used will be g. A member shall not receive a promotion as follows: A. All members a result of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force. A promotion is considered any increase in wages, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of namesrank, classifications, and seniority dates of all affected employeesor status. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification 2. Unit members laid-off pursuant to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force paragraph 1 shall be placed on a recall list for up their clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment for a period of two (2) years. 3. While a lay-off continues, no new unit members will be hired into any clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment, except in the unique circumstances where: (a) no unit member on lay-off is qualified to twentyfill a vacant position, or (b) all qualified unit members decline the offer to fill the vacancy. 4. All unit members on lay-four off shall be notified of any vacancies in clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignments within five (245) months from calendar days in advance of the date closing deadline for determining whether they wish to exercise recall rights. If a unit member elects not to return to a vacancy with the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment they previously worked in prior to lay-off (unless the employee is unable to perform the minimum requirements of suspensionthe vacancy), said unit member will waive all further recall rights. Those If a unit member elects not to accept a vacancy in a different clerical, assistant, licensed practical nurse, and security monitor assistant assignment, for which they are qualified, said unit member may still remain on the recall list shall have the following rights: A. Any employee for their previously assigned unit member assignment. An individual who is laid offered recall must indicate to the Department of Human Resources, in writing, within five (5) duty days whether or not they accept the position offered and must be available for return to duty within 15 calendar days. 5. In recalling laid-off unit members, employees on the recall list for the clerical, assistant, paraprofessional, licensed practical nurse, and is subsequently eligible for re-employment security monitor assistant assignment in which a vacancy exists shall be notified recalled in writing the order of their seniority by the Board of an opening within their classificationlast assignment. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees If qualified, employees on the recall list will be recalled offered a position in reverse order of layoff (i.e., most senior) for vacanciesa different category when no other employees are left on the recall list from that pervious category. C. Any employee who fails to respond 6. The Association will be notified when all employees are placed in writing to new positions and/or when there are no longer any names remaining on the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rightslist. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. Whenever A. In the event that the Board deems it necessary shall determine not to rehire or to lay off certain unit employees because of the elimination of any of the positions covered by this Agreement, any such layoffs shall be governed by the seniority principle set forth in this Article. B. In the event that the Board shall reduce the number of employees due to lack of fundstransportation worker positions, lack of work, or transportation workers having the abolishment of a position, least seniority in the following procedures school district as transportation workers shall apply:be laid off first. 25.01 To C. In the extent possible, event that the Board shall reduce the number of bargaining unit members affected by a reduction maintenance worker positions, maintenance workers having the least seniority in force will the school district as maintenance workers shall be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionslaid off first. 25.02 Reductions needed beyond those available D. In the event that the Board shall reduce the number of food service worker positions, food service workers having the least seniority in the school district as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees food service workers shall be offered laid off first. Notwithstanding the first opportunity foregoing, no food service helper shall be entitled to fill substitute displace a head cook, assistant cook or cashier who has less seniority in the district as a food service worker and temporary positions by District seniorityno assistant cook shall be entitled to displace a head cook who has less seniority in the district as a food service worker. 25.03 The procedure to E. In the event that the Board shall reduce the number of custodian positions, custodians having the least seniority in the school district as custodians shall be used will be as follows: A. All members laid off first. Example - A custodian is displaced because of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President operation of the upcoming layoffs and necessity for it. The Board will also prepare seniority principle set forth in Subparagraph G. Since that custodian had previously served three (3) years in the district as a list of nameslight housekeeping cleaner, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with he/she would be entitled to "bump" the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that cleaner if the latter has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this rightyears of service in that position. D. If F. In the event that the Board shall reduce the number of job coach positions, job coaches having the least seniority in the school district as a job coach shall be laid off first. G. 1. For RIF purposes, there shall be two (2) or more employees subject categories of assistants, to layoff have equal job classification senioritywit: Instructional Assistants and Non-instructional Assistants; however, the determination as to who nomenclature shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coinchanged to “classification. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures The term “layoff” shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by be defined as a reduction in force will be minimized by not employing replacements for those employees who retirethe working force. In the event of a layoff, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned aboveprobationary, will be made by first laying off part-time and temporary employees and then regular employees. RIF employees in the classification in which the layoff is to occur shall be offered laid off first, in any order, provided the first opportunity remaining seniority employees are qualified and able to fill substitute perform the available work as scheduled. Thereafter, seniority employees in the classification in which the layoff is to occur shall be laid off on the basis of seniority, least senior first, provided the remaining seniority employees are qualified and temporary positions by District seniority. 25.03 The procedure able to perform the available work as scheduled. A seniority employee who is displaced from his own classification may exercise his seniority to displace the least senior employee in a classification at an equal pay rate or in a classification at the next lowest pay rate for which he is qualified and able to perform the work of the employee to be used will be as follows: A. All members displaced. A full-time employee of the Sheriff’s Department who formerly held the position of Court Security Deputy, Corrections Deputy or Corrections Shift Leader and on or before the date of this Agreement transferred into a professional association representing employees of the Midland County Sheriff’s Department, a full-time employee who transfers out of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in forceinto the Midland Patrol Deputies Association, the Board will notify the local Association President Midland County Command Officers Association, or to part-time status, and a part-time employee who transfers out of the upcoming layoffs and necessity for itbargaining unit into the Midland Patrol Deputies Association or the Midland County Command Officers Association, shall retain the seniority he earned through the date of such transfer. The Board will also prepare Subject to the provisions hereinafter provided, if such former employee is later laid off from either of such units or a list of namespart-time position, classifications, and he may utilize the seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification previously earned to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace bump a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two who (1) holds a position in a classification previously held by such former employee, or (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job is in a classification seniorityat a lower rate of pay than that previously held by such former employee. In either circumstance, the determination as returning former employee must be qualified and able to who shall perform the work of the employee he seeks to bump with an orientation period of ten (10) days or less. Employees to be laid off for an indefinite period of time will receive at least seven (7) calendar days written notice of layoff. The Association shall receive a list from the County’s Director of Human Resources of the employees being laid off on the same date the notices are issued to the employees. When the work force is increased after a layoff, seniority employees will be made on recalled in order of seniority, most senior first, provided the basis employee to be recalled is qualified and able to perform the available work as scheduled. Notice of the greater District seniority. If District seniority is equalrecall may be by telephone, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent confirmed by certified mail to the employee’s last address given known address, with a copy to the Board by the employee. B. Association. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails granted up to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt working days to provide other forms of assistance, where possiblereturn to work, upon request of the bargaining unit membersemployee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce the A. The number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized kept to a minimum by not employing replacements for hiring replacements, insofar as practical, of those employees who retire, resign resign, or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsotherwise leave a position. 25.02 Reductions needed beyond those available as mentioned aboveB. Whenever the Board determines that a layoff is necessary in a job classification for lack of work, will be made by first laying off temporary employees and then regular employees. RIF employees lack of funds, transfer of property, or abolishment of positions, the following procedure shall be offered followed: 1. Thirty (30) calendar days prior to the first opportunity effective date of layoff, the Superintendent shall post a listing containing the name(s), seniority level(s), and classification(s) of those employees to fill substitute be laid off. Each affected employee and temporary positions by District senioritythe Union President shall also receive written notice of layoff thirty (30) calendar days prior to date of layoff. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit 2. Employees shall be placed on seniority lists laid off according to classification. Prior to a reduction in force, seniority within the Board will notify the local Association President classification(s) of the upcoming layoffs and necessity for itreduction. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior first release limited contract employees within a classification and continue in inverse reverse order of job their classification seniority and then release continuing contract employees in reverse order of their classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification a. Classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee be defined as continuous District service within the same classification calculated from the most recent appointment to the present classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job b. Authorized leaves of absence do not constitute an interruption of continuous service. c. In the case of identical classification seniority, the determination earlier date of application to the District shall determine seniority rank. d. An employee being laid off who previously held and satisfactorily performed in a different bargaining unit classification may elect to displace the least senior employee in the prior classification with comparable hours provided the employee being laid off has more classification seniority in the prior position than the employee being displaced. This election must be made within ten (10) calendar days after receiving a notice of layoff. The displacing employee must be currently qualified to resume the duties of the previously held position. For purposes of this provision, “comparable hours” means either the same hours as to who the displacing employee has or hours that differ from the displacing employee’s hours by sixty (60) minutes or less. 3. The following classifications shall be laid off will be made on the basis of the greater District seniority. If District used to determine classification seniority is equal, then the determination shall be made for reductions in the following orderforce: (1) date of Board meeting hiring the regular employee, andx. Xxxx/Cashier e. Secretarial/Clerical (2) the sum of the last four (b. Bus Drivers f. Custodial/Maintenance c. Mechanics g. Custodial/Sweeper d. Paraprofessionals h. Library Media Specialist 4) digits of the employee’s social security numbers . Laid off employees shall have recall rights to their job classification for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-twenty- four (24) months from subsequent to the effective date of suspension. Those layoff. a. The Board shall recall employees to their job classification should vacancies arise for which he/she is qualified within the recall period according to classification seniority; i.e., inverse order of layoff. b. Notice of recall shall be sent to the Union President and the employee standing highest on the recall classification seniority list shall have in the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment classification with the vacancy. Notices shall be notified sent to the employee’s last reported address. It is the employee’s duty to report address changes to the Board Treasurer in writing by writing. c. An employee must notify the Board of an opening his/her acceptance of the position for which he/she is recalled within their classification. Such notices fourteen (14) days after the mailing of the recall notice or he/she shall be sent by certified mail considered to have waived his/her right to recall. d. An employee, upon recall, shall assume the last address given same seniority level and sick leave accumulation that he/she had when laid off. e. If an employee is recalled to a position that has more or fewer regularly scheduled hours than the position from which the employee was laid off, the employee will have the option to refuse the position without extinguishing his/her recall right under the above provisions. 5. Nothing in this Article shall require the Board by to fill any vacancy. The Board shall be the employeesole determinant of whether a vacancy exists and whether or not to fill the vacancy. B. Employees 6. Nothing in this Article prevents an employee on the recall list will be recalled in reverse order of layoff (i.e.from applying for a vacant position; however, most senior) it is understood that if such an employee applies for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines and is awarded a full-time vacant position, shall forfeit all his/her recall rightsright under the above provisions is thereby extinguished. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN FORCE. Whenever Should the Board deems it necessary to reduce of School Directors, at its sole discretion, determine that there will be a required reduction in the number of employees due to lack of funds, lack of work, or the abolishment of a position, teaching force this reduction shall be accomplished in the following procedures shall applysuccessive manner: 25.01 To a. Through non-replacement of retired or resigned teaching positions. b. Should (a) be insufficient for the extent possiblerequired reduction, the number of bargaining unit members affected by a reduction in force permanent substitutes will be minimized by not employing replacements furloughed. c. Should (a) and (b) provisions be insufficient, then temporary professional employees shall be furloughed. d. Should (a), (b) and (c) above be insufficient for those the required reduction, then permanent professional employees who retirewill be furloughed in accordance with the Pennsylvania School Code. Employees furloughed, resign or are dischargedas specified above, shall be furloughed in the inverse order of their seniority with consideration of staff realignment based upon their certification. It is recognized the parties' intent that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit no employee shall be placed on seniority lists according to classification. Prior to a reduction in forcefurlough status, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to if another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than in the displaced same area of certification. Seniority shall be defined as the length of continuous service in the School District, from date the professional employee was last hired as a professional or temporary professional employee. Subsequently, any employee who is displaced by a In the event more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: than one (1) date employee was hired on the same day, seniority will be determined by the drawing of a lot. Employees who have been furloughed shall annually indicate to the Board meeting hiring of School Directors their availability for re-employment and an address where they can be contacted. Employees shall be rehired in the regular employeereverse order of their furloughing and shall, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high numberupon re-employment, be credited with any former service and seniority benefits accrued in their earlier Hazleton Area School District employment. If the summation of the employee’s social security numbers creates a tie, it Seniority and seniority rights shall be broken by the toss of a coinresignation, retirement or discharge. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment because of a reduction in staff shall be notified at least two weeks in writing advance, when possible, by certified mail by the Office of Human Resources/Labor Relations or her/his designee. B. When the Board makes any necessary reduction in personnel, it will discuss with the Union the necessity for and the effects of such a reduction. The decision of the Board with respect to said reductions in personnel shall be final, subject to the provisions of this Article. C. The Board shall, in an instance of reduction in force, determine the grade(s) in which reductions will be made and the positions so affected. 1. Probationary employees within the affected grade(s) shall be laid off in an order determined by the Board in inverse order of an opening hiring. 2. Non-probationary employees within their classification. Such notices the affected grade(s) shall be sent by certified mail laid off in the inverse order of their seniority, with the employee having the least seniority being laid off first. a. Non-probationary employees who have been laid off may, at the time of their layoff, displace the least senior employee within the same grade with the same number of days and hours to which they were assigned at the time of their layoff, provided such employee has more seniority than the employee to be displaced. Employee may displace the least senior employee within the next lower grade with same number of days and hours and each subsequent lower grades with the same number of days and hours if necessary, until laid off employee exhausts his/her reduction rights. b. If an employee exhausts all of her/his reduction rights referenced in paragraph 3 (a), employee shall be permitted to displace the least senior employee in the same grade with the next fewer days per year and hours per week, and subsequent lower grades, with fewer days per year and hours per week until employee exhausts his/her reduction rights, provided such employee has more seniority than the employee to be displaced. c. It is understood that in applying the language of paragraphs 3 (a) and 3 (b) above, a vacancy of the applicable grade, days, and hours must be filled before the least senior employee is displaced. 4. Employees laid off through the procedures set forth in this Article shall be retained on a recall list for a period equal to the last address given the Board by the employee. B. Employees on the sum of their accrued seniority and shall be eligible for recall list will be recalled in reverse order of their layoff to their former position, (i.e.should it become available, or to vacant positions within the same pay grade or lower pay grade). Any eligible employee laid off from her/his position because of a reduction in staff shall, in the event of a vacancy in the pay grade most senior) previously held by the employee, be given first opportunity for vacanciesan interview for the vacant position before implementing the bid procedure, for the duration of this agreement, providing the employee has the qualifications for the vacancy. If the employee refuses to be recalled to the position, future recall rights shall be forfeited. C. 5. Any employee who fails reduced in pay grade because of a reduction in staff shall, in the event of a vacancy in the pay grade most previously held by the employee, be given first opportunity for an interview for the vacant position before implementing the bid procedure, for the duration of this agreement, providing the employee has the qualifications for the vacancy. If the employee refuses to respond in writing be recalled to the Superintendent’s office within ten (10) business daysposition, or declines future recall rights shall be forfeited. 6. In the event of the vacancy of a fullhalf-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters any employee reduced from full-time to half-time because of recommendation for bargaining unit members affected by a reduction in forcestaff, shall be granted the vacant half-time position provided hours and location are compatible, in order of recall, to return said employee to full time without implementing the bid procedure, providing the employee is capable of performing the duties of the vacancy. Every effort shall be made by administration and the union to work out an agreement on the hours, i.e., a.m. or p.m. It is understood that no application of the seniority standard for purposes of the aforesaid layoff and recall procedures shall in any manner compel the school district to retain or recall any person in any position for which she/he cannot perform all the duties and meet all the requirements of the position, as set forth in the job description. D. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. X. Xxxxxx of recall from layoff shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Labor Relations, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that each employee is responsible for keeping the Board advised in writing of any change of address, and will attempt not be excused for failure to provide report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address. F. Employees who exercise their seniority option to displace other forms employees shall be paid the highest wage rate in the lower grade, as determined by their years of assistancecontinuous employment, where possibleor their present wage rate, upon request of the bargaining unit memberswhichever is less.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever A. 1. When by reason of decreased enrollment of pupils, return to duty of regular classified employees after leaves of absence, or by reason of suspension of schools, lack of funds, abolishment of positions, or territorial changes affecting the district, the Board deems decides it will be necessary to reduce the number of employees due to lack of fundsemployees, lack of work, or it may make a reasonable reduction. The Board shall determine in which job classifications the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, lay-off should occur and the number of bargaining unit members affected by employees to be laid off. In the job classification of lay-off, employees on non- continuing contracts shall be laid off before any employee in that job classification employed under a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It continuing contract is recognized that attrition alone may not be sufficient to accomplish necessary reductionslaid off. 25.02 Reductions needed beyond those available as mentioned 2. When it becomes necessary to lay off employees for any of the reasons stated above, will be made by first laying off temporary employees and then regular employees. RIF affected employees shall be offered laid off within the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists affected job classification according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and district seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniorityemployee laid off first. C. A RIF employee(s) that has transferred from one classification to another classification 3. Any employee affected by such a reduction may displace any according to district seniority a less senior employee from their current or previous in the following order. a. Within the same classification. b. Within the classification provided the employee has less job held prior to holding the classification seniority than from which the displaced employeeemployee was laid off. Subsequently, any Any employee who is displaced by a more senior employee shall also have the right electing to displace a less senior employee shall be notified within five (5) working days after receipt of notification when a displacement/bumping meeting will be held. Any affected employee in the same classificationbargaining unit may request transfer into another department, after having received a notification of lay-off, should a vacancy becomes available in such other department and if it is determined by the Superintendent or his/her designee that the employee requesting transfer has the necessary skills, experience and proper certification for the position requested. An employee entitled Employees who transfer pursuant to bumping this provision shall be governed by the transfer provisions of Article 12. Employees transferring in lieu of layoff will not vacate their recall rights must notify the Board within two (2) work days if he/she intends to exercise as specified in this rightArticle. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority4. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid affected by a lay-off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by a minimum of thirty (30) calendar days prior to the Board effective date of an opening within their classificationlay-off. Such notices The President shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.notified five

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever In the Board deems event that it becomes necessary to reduce the number of employees staff, in whole or in part, due to lack of funds, lack of work, or the abolishment of a position, financial reasons, lack of work or building closures, the following procedures procedure shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary govern such reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit Reductions shall first be placed on seniority lists according to classification. Prior to a reduction in forcemade through attrition resulting from resignations, the Board will notify the local Association President of the upcoming layoffs retirements and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employeestransfers. B. All layoffs When the Board has determined the need for reduction either system-wide or within a department or building, new employees in an initial probationary, temporary or provisional status shall begin with be laid off first. C. Reductions shall be by classification. Shorter hour positions within a given classification shall be eliminated before other positions. D. Employees whose positions are eliminated shall have displacement (bumping) rights. Such employees may first bump within their classification. An affected employee may bump the least senior employees within a classification and continue employee in inverse order of job the classification, providing she/he has more classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any E. An employee who is displaced by a more from the classification may bump the least senior employee shall also have the right to displace in a less senior employee lower classification within the same classificationclassification series, providing he/she has more classification seniority and has the qualifications and ability to perform the essential functions of the job to which they are bumping. An Such employee entitled shall be given a ten (10) working day trial period to bumping rights must notify the Board within two (2) work days determine if he/she intends has the qualifications and ability to exercise perform the essential functions of the job.* If the employee cannot successfully perform the job duties after this rightperiod then he/she shall be granted further displacement rights in accordance with this Article. D. If two (2) F. Classification series are as follows: Network Technician Head Mechanic Skilled Maintenance**Assistant Bus Mechanic Assistant Mechanic/Maintenance Head Custodian General Maintenance/Custodian Groundskeeper/General Maintenance Unlicensed Custodian Shipping/Receiving and Delivery Food Service Driver Cleaners Groundskeeper INTERPRETER Interpreter Aide Bus Driver Security Guard LRC Technician Long Distance Learning Technician Admn. Secy Computer Oper/Acct. School Secretaries Data Processing Recept./PBX Oper. Attendance Clerk Clerk Typist Liaison Community/Family/Court/Interventionists Court Liaison School Climate Specialist Teacher Aide/Handicapped Aide/Library Aide Behavior Specialist / Transportation Aide School Health Aide Handicap Attendant Bus Aide Playground/Lunchroom Monitor Assistant Cook Cashier-Accountant Cafeteria Aide/H.S. Cashier G. Exception to bumping least senior employee in a classification: if bumping least senior employee requires affected employee to suffer a loss of hours/day or more days/year, then the affected employee may bump the position held by the least senior employee having an equal number of hours/days or, if such a position does not exist, the least senior employee having the greatest number of hours/days that do not exceed what the affected employee had in the previously held position. The principle here is to allow employees subject to layoff have equal job bump based on seniority into positions closest to their original position in terms of total hours. H. An employee may only bump another employee who has less classification seniority. I. At any point in the displacement process, the determination as to who shall be laid off will be made an affected employee may bump back into a classification in which previously employed, on the basis of the greater District seniority. If District his/her classification seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coinformer classification. 25.04 The names of employees who are X. Any member laid off in shall retain recall status for a reduction in force shall be placed on a recall list for up to period of twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.four

Appears in 1 contract

Samples: Negotiations Agreement

REDUCTION IN FORCE. Whenever 11.1 No bargaining unit employee shall be laid off or have his/her work hours reduced because the Board deems contracted work outside the bargaining unit. 11.2 If it becomes necessary to reduce the number of employees in any job classification due to a lack of funds, funds or lack of workwork such reductions shall be limited, or the abolishment of a positionin so far as practical, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsattrition. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior 11.3 Twenty (20) days prior to a reduction in force, the Board will shall notify the local Association Local Union President of the upcoming layoffs lay-offs and the necessity for it. The Board will shall also prepare a list of names, classifications, and seniority dates of all affected employees. B. employees to be laid off. Upon a reduction in force, all provisional and/or substitute employees shall be laid off first. All layoffs shall begin with the least senior employees within a classification employee and continue in inverse reverse order of job seniority. Any employee affected by the layoff may use his/her classification seniority. C. A RIF employee(s) that has transferred from one classification seniority to another classification may bump or displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee who has less classification seniority within the same classificationclassification of layoff. An If a reduction in force should occur and there is a case or cases where more than one employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job has identical classification seniority, system seniority shall determine the determination as to who shall be laid off will be made on the basis order of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high numberlayoff. If the summation of system seniority is also identical the employee’s social security numbers creates a tie, it tie shall be broken by the toss of a coincoin toss. 25.04 The names of employees who are 11.4 Each employee to be laid off in a reduction in force shall be placed on a recall list for up to twenty-four given fifteen (2415) months from days advance written notice which shall include the date of suspension. Those on the recall list shall have the following rightsfollowing: A. Reason for the layoff; B. Effective date of xxxxxx; and X. A statement advising the employee of his/her rights for unemployment benefits and his/her reinstatement rights. 11.5 Any employee who is laid off under the above provisions shall maintain his/her seniority and is subsequently eligible recall rights for re-employment a period of (3) three years from the date of the layoff. Employees shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e.layoff, with the most senior) for vacancies. C. Any senior employee who fails recalled first. Notice of recall to respond in writing to any employee shall be sent by the Superintendent’s office within Board by certified mail, return receipt requested. A laid off employee shall have ten (10) business daysworking days from the date of receipt of such notice to accept or reject the recall. Any employee who declines recall shall be removed from the list. 11.6 An employee scheduled for layoff in one classification., or declines a full-time positionwho holds previous seniority in another classification, shall forfeit all recall rights. 25.05 have the right to bump the least senior employee in the former classification providing he/she has greater seniority in that classification than the current least senior employee. The Administration will provide letters of recommendation for bargaining unit members affected by employee may not displace employees in a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request classification if the employee does not meet the minimum qualifications of the bargaining unit membersclassification. The employee who elects to bump shall retain all rights to recall to the position in which the layoff occurred.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever A. In the event that the Board deems it necessary shall determine not to rehire or to lay off certain unit employees because of the elimination of any of the positions covered by this Agreement, any such layoffs shall be governed by the seniority principle set forth in this Article. B. In the event that the Board shall reduce the number of employees due to lack of fundstransportation worker positions, lack of work, or transportation workers having the abolishment of a position, least seniority in the following procedures school district as transportation workers shall apply:be laid off first. 25.01 To C. In the extent possible, event that the Board shall reduce the number of bargaining unit members affected by a reduction maintenance worker positions, maintenance workers having the least seniority in force will the school district as maintenance workers shall be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionslaid off first. 25.02 Reductions needed beyond those available D. In the event that the Board shall reduce the number of food service worker positions, food service workers having the least seniority in the school district as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees food service workers shall be offered laid off first. Notwithstanding the first opportunity foregoing, no food service helper shall be entitled to fill substitute displace a head cook, assistant cook or cashier who has less seniority in the district as a food service worker and temporary positions by District seniorityno assistant cook shall be entitled to displace a head cook who has less seniority in the district as a food service worker. 25.03 The procedure to E. In the event that the Board shall reduce the number of custodian positions, custodians having the least seniority in the school district as custodians shall be used will be as follows: A. All members laid off first. Example - A custodian is displaced because of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President operation of the upcoming layoffs and necessity for it. The Board will also prepare seniority principle set forth in Subparagraph G. Since that custodian had previously served three (3) years in the district as a list of nameslight housekeeping cleaner, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with he/she would be entitled to "bump" the least senior employees within a classification and continue cleaner if the latter has two years of service in inverse order of job classification senioritythat position. C. A F. 1. For RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequentlypurposes, any employee who is displaced by a more senior employee there shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within be two (2) work days if he/she intends categories of assistants, to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification senioritywit: Instructional Assistants and Non-instructional Assistants; however, the determination as to who nomenclature shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coinchanged to “classification. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce Decline in student enrollments, a reorganization, and/or economic cause, may necessitate a reduction in the number of positions occupied by employees due in the bargaining unit. After the School Committee has decided to lack reduce a number of fundssuch positions for the reasons set forth in this paragraph, lack it shall, consistent with applicable laws, determine the order in which an employee(s) shall be released in the following manner: a. A PTS employee shall not be released before a non-PTS employee if there is a position available which the PTS employee is qualified to fill. Termination of worknon-PTS employees is solely at the discretion of the Superintendent and not otherwise subject to the provisions of this paragraph, and is not subject to grievance and arbitration. b. For a PTS employee to be released for the reasons set forth in this paragraph, the school system must have reduced a position(s) within the following categories. 1. elementary 2. within a department at the secondary level 3. within an area of specialization and the employee(s) must occupy a position in such category in which the reductions are to occur. The Superintendent will retain the employee(s) in a category with a greater length of service as defined in paragraph 1-06(c) below, unless an employee(s), within such category, with a shorter length of service has demonstrably unique skills. c. The Superintendent shall provide the Union with seniority lists, which shall be kept current. Seniority is defined as length of service in the bargaining unit from date of initial appointment. For employees within federally funded programs, seniority begins July 1, 1986 or thereafter, on date of hire. Employees hired new on the same day shall appear on the seniority list, alphabetically by last name, then first name. An employee's seniority shall not include periods of unpaid leave pursuant to Article 19 or time when not within bargaining unit positions. d. When the Superintendent has determined to retain a less senior employee as described above, and has not transferred or reassigned the more senior employee to another position or vacancy for which the employee is certified, and not demonstrably unqualified, the Superintendent shall notify the affected employee and the Union in writing. In the event of budget cuts requiring the elimination of a Department Coordinator position (represented in the Chelmsford Administrators Association contract) a Department Coordinator will only have the right to be considered for transfer to a bargaining unit position if the vacancy is the result of a retirement, resignation, or the abolishment creation of a new position. For the transfer process, a Department Coordinator's seniority shall include only the length of service in this bargaining unit, if any. e. In the event an employee is released pursuant to this section, the school system, shall at the request of the employee(s) provide positive recommendations clearly indicating that the release in accordance with this section did not reflect unfavorably on the employee's performance in the school system. f. Nothing herein, however, shall be construed to affect the power of the School Committee pursuant to this contract or applicable law to act towards employees for or otherwise especially concerning matters described in paragraphs 1-04 and 1-05. g. Any employee(s) released as the result of action taken under this section shall be eligible for recall under the following procedures shall applyconditions: 25.01 To 1. The School Department shall maintain a complete list of all such employees. 2. The employee's name shall be maintained on the extent possiblerecall list until September 1, two (2) years next following the date the employee was notified of being released by the school system. 3. Provided that the employee is still on the recall list in accordance with the procedures set forth in the paragraph below, the number most senior employee on the recall list who is certified to teach the subject where a vacancy occurs shall be appointed to that vacancy, unless the employer believes that such employee, notwithstanding certification, is demonstrably unqualified to be appointed to such vacancy. In that event the Superintendent shall not appoint such employee and shall be required to notify such employee and the Union in writing of bargaining unit members affected this decision. In such event, the Union may file with the American Arbitration Association for expedited arbitration, with consent of employee, without recourse to the grievance procedure within 30 calendar days following the receipt by the Union of the copy of the notice. The burden of showing by a reduction fair preponderance of the evidence the reasons for the Superintendent's failure to appoint the senior certified employee(s) from the recall list, shall be upon the Superintendent. The arbitration on the merits shall be conducted in force will be minimized accordance with this contract except as modified procedurally by not employing replacements the rules of the American Arbitration Association for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsexpedited arbitration when elected. 25.02 Reductions needed beyond those available as mentioned above4. The notified person must respond in writing within seven (7) calendar days from the date of postmark by USPS certified mail, return receipt requested, to the last known address on file. The member will also be made by first laying off temporary employees and then regular employees. RIF employees shall be offered notified via e-mail to the first opportunity to fill substitute and temporary positions by District senioritylast known e-mail address on file. 25.03 The procedure 5. Any employee recalled shall, upon return to the school system, be used will be as follows: A. All members entitled to all rights and benefits including but not limited to PTS, seniority, and sick leave accumulation that he/she held at the time of the bargaining unit layoff, and shall be placed on seniority lists according the salary schedule at the step to classificationwhich the employee would otherwise be entitled. h. An employee may be removed from the recall list for the following reasons: 1. Prior to a reduction in force, the Board will notify the local Association President Exhaustion of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends year time period set forth above; 2. Failure to exercise this right. D. If respond to two (2) or more employees subject to layoff have equal job classification seniority, written notices of vacancy within the determination as to who shall be laid off will be made on the basis of the greater District seniorityseven (7) day time period set forth above; 3. If District seniority is equal, then the determination shall be made in the following order: One (1) date refusal of Board meeting hiring offered position within the regular employee, andeducator’s area of licensure; or (2) the sum of the last four (4) digits of . at the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin's request. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever The COMMITTEE will determine the Board deems number of teaching and other professional positions which are needed in the school system. If the COMMITTEE determines that the number of such positions is to be reduced, it necessary agrees to reduce accomplish such reduction as follows: (1) The Superintendent of Schools will attempt to accomplish reductions through attrition and voluntary resignations. (2) The Superintendent of Schools will not renew temporary employees. (3) An employee with professional status will not be laid off if there is an employee without professional status whose position the employee with professional status is qualified to fill. (4) When the number of employees due with professional status is to lack of funds, lack of work, or the abolishment of a positionbe reduced, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction order in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF which employees shall be offered laid off shall be determined on the basis of the following factors: - Quality of performance, which shall be based on evaluations of the past five (5) school years. - Professional training which shall mean area of certification(s) and major/minor field(s) of study. - Experience which shall mean an employee's total teaching experience and/or work related experience. - Demonstrated needs of the school system. Where, in the judgment of the Superintendent of Schools the above factors are substantially equal, employees will be laid off in order of their seniority as employees of the COMMITTEE, those with the least seniority to be terminated first. Seniority shall be defined as years, months and days of continuous service as a professional employee in the Shrewsbury School System, from the date that the employee initially began work, excluding any unpaid leave of absence, which leaves shall not be credited for seniority, but shall not be a break in continuity of service. In cases of identical date of seniority, seniority shall be determined by the drawing of lots by such employees or their designees. (5) Employees with professional status who are laid off shall be entitled to re-call rights through the first opportunity to fill substitute and temporary positions by District seniorityday of the second school year following the lay-off. During said period employees shall be recalled in accordance with the criteria set forth in the preceding paragraph. 25.03 The procedure (a) Employees on re-call shall be notified by certified mail of any open positions within their areas of certification within the school system. Each employee shall provide to the Superintendent a mailing address and a list of their certification(s) no later than fifteen (15) days after notification of termination. Failure to apply for an open full-time permanent position within fifteen (15) calendar days of notification shall terminate all rights under this Article, provided, however, that with any opening which arises after the first Friday in August the deadline for application shall be used will set by the Superintendent. If re-call is offered, the employee must deliver an executed contract to the Superintendent within five (5) working days of presentation of the contract to the employee. (b) Employees laid off under this Section shall be as follows:given priority on the substitute list during said recall period if they so indicate in writing to the Superintendent no later than fifteen (15) days after notification of termination. A. All members (c) Employees laid off may, to the extent permitted by law, continue group health and life insurance during said recall period at their own expense. Failure to forward full premium to the business office shall terminate this option. (6) A list specifying the seniority of each member of the bargaining unit shall be placed on seniority lists according prepared by the Superintendent of Schools and forwarded to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for itAssociation by October 15 of each year. The Board will also prepare a If no challenge to the list is made by the ASSOCIATION within thirty (30) days of names, classifications, and seniority dates receipt of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification senioritylist, the determination list stands as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coinwritten. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever A. The language in this Article is intended to supersede Ohio Revised Code Section 3319.172, to the extent permitted by law. B. If the Board deems decides it is necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of bargaining unit members in a positionjob position category, the following procedures shall applyprocedure will govern such layoff and reinstatement: 25.01 To the extent 1. The number of people affected by Reduction In Force shall be kept to a minimum, as much as possible, by attrition. 2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of continuous service with the Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit during any period of such service, seniority shall be computed from the first date of uninterrupted service with the District by accumulating only time spent in the bargaining unit If two or more bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by; a. The date of the Board meeting at which the bargaining unit member was hired; and then by b. Selecting a number from a container with each number representing a different employee. The first number selected will be the most senior and the next number selected will be the next most senior, and so forth, until all ties in seniority are broken. The selection will be made by the Administration with a representative of the Association present. Authorized leaves of absences do not constitute an interruption in continuous service. 3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list is provided, any objection to the list must be presented. If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority dates, as published. 4. The Board shall determine in which job position category the layoff should occur and the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members laid off. Except for a RIF involving a return from a leave of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in forceabsence, the Board will notify give the local Association President at least thirty (30) days advanced notice of the upcoming layoffs and necessity Board action implementing the RIF. Except for ita RIF involving a return from a leave of absence, after Board action, each member to be laid off shall be given thirty (30) calendar days advance written notice stating the effective date of the intended layoff. The Board will also prepare a list may pay an employee in lieu of names, classifications, and seniority dates of all affected employeesnotice. B. All layoffs shall begin with 5. Bargaining unit members who are subject to lay-off, may displace the least senior employees within member in another job position category, providing the following conditions are met: a. The job position category must be a classification lower paying job position category in the job family (i.e., a maintenance employee could bump a maintenance custodian and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may a maintenance custodian could displace any employee from their current or previous classification provided a custodian); and the employee has being displaced must have less job classification seniority than the displaced employee. Subsequently, any employee who is displacing that employee; or b. The job position category must be a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced by must have less seniority than the employee who is displacing that employee. c. The bargaining unit member must be willing to accept the pay scale of the job position category. 6. Should the Board determine it desires to suspend a more senior contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall also have the right to displace a less senior option of accepting the reduced time contract or going on layoff. If the employee within accepts the same classification. An reduced time contract, the employee shall be entitled to bumping rights must notify be placed on the reinstatement list to return to the level of time the employee was working before the layoff. 7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the affected job position category. 8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the layoff list before the next person on the list may be considered. Members shall have ten (10) calendar days from the date of mailing to respond. Notification of acceptance or refusal should be presented to the Superintendent, in writing; however, failure to respond at all shall be considered refusal of the position. It is the responsibility of the involved member to advise the Board within of an address where he/she can be reached. Any member who declines reinstatement shall be removed from the reinstatement list, and the Board shall have no further obligation to the member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in removal from the reinstatement list. Notice of the vacancy or reinstatement shall be by certified mail. 9. The bargaining unit member's name shall remain on the appropriate reinstatement list for a period of two (2) work days if he/she intends years from the effective date of layoff. If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to exercise this right. D. If two (2) salary and fringe benefits. Time spent on layoff shall not count as experience for seniority or more employees salary purposes. All Bargaining unit members laid off shall be subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis provisions of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date Consolidated Omnibus Budget Reconciliation Act of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin1986. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by (a) When a reduction in force is to be made in any job classification within a job classification group, the employee having the least amount of group seniority in the job classification shall be the first to be laid off. Any employee thus scheduled to be laid off may exercise his bumping rights under the terms of the addendum. When a reduction in force is scheduled, S&S will provide four (4) weeks notice to the Local Union President. (b) Bumping shall be minimized by administered in the following manner: An employee being laid off shall, if his seniority allows, displace (“bump”) the least senior employee among S&S or its subcontractors in the same job classification the employee was displaced from. If the employee’s seniority is not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsthis, the employee must then look to bump into a job classification with an equal rate of pay if the bumping employee is qualified to perform the job. If the employee’s seniority is not sufficient to accomplish this, then the employee must bump into a job classification with a lower rate of pay. The lower-pay-rated job classifications will be looked at in descending order until a job classification is determined in which the employee has sufficient plant seniority to bump into. The employee will then displace the least senior employee within that job classification or job classification group if the bumping employee is qualified to perform the job. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to (c) When a reduction in forceforce is to be made in any job classification, the Board following employee in that job classification group may be retained irrespective of seniority: • A physically handicapped employee who by reason of occupational injury while employed by the Company merits special consideration. (d) When a subcontractor schedules a layoff, that subcontractor will notify provide four (4) weeks notice to S&S and the local Association President of the upcoming layoffs and necessity for itLocal Union. The Board S&S will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in initiate the following ordersteps to provide for continuing employment: (1) date of Board meeting hiring Transitioning the regular employeeaffected employees to vacancies with other subcontractors, andprovided work is available, or (2) Transitioning employees to S&S, provided work is available. (3) In the sum event no work is available in either of the last four (4two preceding steps, then the affected employee(s) digits of may displace, if he/she so desires, the employee’s social security numbers for least senior employee with S&S and/or another subcontractor in an equal or lower-rated job classification whose work he/she has the high numberskills and qualifications to perform at the site. If necessary, the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall affected employee will have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail opportunity to demonstrate to the last address given subcontractor that he/she has the Board by skills and qualifications necessary to perform the employee. B. Employees on work. In filling these positions, S&S and/or the recall list will be recalled in reverse order of layoff (i.e.subcontractor shall provide job-and task-specific training to assure competent job performance, most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, provided that this training requirement shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt not include an obligation to provide other forms of assistancefundamental skills training or craft-specific training, where possible, upon request of unless S&S and/or the bargaining unit memberssubcontractor opts to provide such training at its discretion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce Section 1. If the number of employees due to lack of funds, lack of work, positions or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected hours in a position covered by this Agreement is reduced, the School Committee will seriously consider seniority with employee pool as defined below, as well as, training, quality of previous work performance, and quality of current work performance when determining which Employee will be laid off. An involuntary reduction in an Employee's hours shall be construed as a reduction in force for purposes of this Article. An employee whose position has been reduced in force shall (a) be transferred to an open position within their respective pool or (b) if none is available, replace the employee with the least seniority who has the same or smaller number of hours within their respective pools. There are three (3) pools are as follows: Pool A - Pre-School, Middle & Kindergarten Instructional Aides Pool B - All other employees covered by this Agreement not specified in Pools A or C Pool C - Computer and Language Lab Paraprofessionals Should all other factors above be deemed by the employer to be equal, employees, will be minimized laid off within their respective pools in the inverse order of their date of initial employment. In cases involving identical seniority, retention and recall decisions shall be based on a lottery involving only those individuals with identical seniority. Section 2. In the event of a lay-off or elimination of position all affected Employees shall be eligible for recall to fill vacancies. No new Employee shall be hired until such time as every Employee on the recall list has been given an opportunity to apply for the vacancy. Notwithstanding this provision, the School Committee reserves and retains the right to temporarily fill vacant positions during such recall periods, including by means of temporary transfers or new hires. a. the recall list will include affected but not employing replacements for those employees who retireretired Employees; beginning and ending dates of continued service in the Weston Public Schools; name, resign or are dischargedaddress, and telephone number. It is recognized that attrition alone may not be sufficient the affected Employee's responsibility to accomplish necessary reductionsfurnish current information and an updated resume to the Superintendent's Office. 25.02 Reductions needed beyond those available as mentioned above, b. an Employee's name shall be maintained on the recall list for a maximum of two (2) school years after the effective date of her lay-off. 1. persons on the recall list are required to notify the Superintendent's Office in writing if they no longer wish to be considered for recall. 2. an individual who refuses a comparable job offer (comparable to that which the Employee held at the time of lay-off) will be made by first laying dropped from the recall list except when the refusal is for a verified medical reason. Medical reasons do not extend the recall period. 3. during the recall period, those members who are qualified and who have been laid off temporary employees and then regular employees. RIF employees shall be offered given preference on the first opportunity substitute list if they so notify the Superintendent in writing that they desire to fill substitute and temporary positions by District senioritybe placed on said list. 25.03 The procedure c. When a vacancy is to be used filled: 1. the Superintendent's Office will notify by certified mail each person on the recall list; 2. those interested must notify the Superintendent's Office in writing within five (5) working days from the date of notification post xxxx. d. Upon recall the Employee shall have restored to her all previously earned unused sick leave. Any Employee recalled shall be considered as having been on unpaid leave of absence. e. If the recall occurs within the same contract year, compensation will be paid at the same rate as follows:prior to lay-off. If the recall occurs in the subsequent year the rate of compensation will be one step higher on the salary schedule, unless the Employee was already on maximum step. A. All f. Laid-off employees may continue Health and Life Insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by forwarding to the Town Treasurer the entire premium costs for the group plan. Failure to forward the premium payments to the Town Treasurer or refusal to return to employment upon recall will terminate this option. Section 3. Except as provided under ARTICLE XIV, Section 2, no Employee shall be placed on seniority lists according to classification. Prior to discharged during a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employeesschool year without just cause. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary A. All ESP Employees other than Custodial and Maintenance Prior to action to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a positionbargaining unit positions, the following procedures shall apply: 25.01 To Alliance and the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees ESP employee(s) shall be offered given written notice at least sixty (60) days prior to the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members end of the bargaining unit school year. Layoffs shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided seniority within classification, providing the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior ESP employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers qualified for the high numberposition remaining. If For purposes of this Section 4.8, “Classification” shall refer to the summation of the employee’s social security numbers creates a tie, it following. Secretary/Clerk/Bookkeeper PCHS Cafeteria Workers Personal Assistants Job Coaches Teacher Aides Security Guards Nurses Certified Nursing Assistant Student Supervisors/Study Hall Supervisor/Pool Locker Room Supervisor Accompanist Computer Technician Registrar Recall rights to positions shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list extend for up to twenty-four (24) months following the effective date of layoff. Recall within each classification shall be in order of seniority for those qualified. Recalled ESP employees shall suffer no loss of pay or benefits in effect at the time of layoff unless altered through collective negotiations between the Alliance and the employer. Seniority shall not be lost nor shall it be earned while on layoff. Uninterrupted part-time service shall be calculated on a pro rata basis. If there is a tie in seniority, the ESP employee with the greater total service to the District in any capacity shall be retained if qualified. Within the classification of secretary/clerk/bookkeeper, all continuous services in any of the positions shall be credited and transferable within the overall classification. In no case, however, may an ESP employee exercise seniority to bump into another classification. Notwithstanding any other provision hereunder, in exercising seniority rights hereunder, an ESP employee within the secretary/clerk/bookkeeper classification whose position has been eliminated shall be entitled only to the position of the least senior ESP employee within the classification holding a position that the ESP employee whose position has been eliminated is qualified to fill. The more senior ESP employee thus assuming the position of a less senior ESP employee shall suffer no loss of pay. The less senior ESP employee whose position is thus being assumed, shall not be entitled to bump into any other position and shall be separated. Seniority shall be defined as the length of an ESP employee’s continuous employment with the District within the classification. Service shall be computed from the date first day of suspensionuninterrupted employment. Those on Service shall not be interrupted due to utilization of approved leaves of absence, vacations, layoff, or normal breaks in the recall contractual year for a particular position. A full year of service shall be earned if an ESP employee works at least one-half (1/2) of the ESP employee’s work year. A seniority list shall have be developed and posted each year prior to March 1 reflecting the following rights: A. Any length of service of each ESP employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their each classification. Such notices shall be sent by certified mail to the last address given the Board by the employee, including those on layoff. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever In the Board deems event of a reduction in force that necessitates the layoff of any employee from the system, the employee with the least seniority within the bargaining unit will be the first to be laid off regardless of his position. However, in order to be retained or recalled the employee or employees must be able to perform available work efficiently. Employees to be laid off for an indefinite period of time will be given a written notice of layoff at least ten (10) working days prior to the effective date. Also, the employer shall give written notice to the Local Union President and the Chairperson of the Grievance Committee on the same day as the employee is notified. When it is necessary to reduce the number of employees in any job classification due to lack elimination of fundsthe job, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, reduction in the number of bargaining unit members affected by a reduction employees in force that job or other reason, the employee on the job with the least seniority will be minimized released from that job. Such employee will then be allowed to displace an employee with less unit seniority on another job classification provided the displacing employee is able to satisfactorily perform the duties of the job the employee seeks to displace into. Any employee displaced under this procedure will, in turn, have a like right until, by the process of elimination, the employee with the least unit seniority is laid off or, if no layoff is contemplated, is assigned other work by the Employer. Employees on layoff shall be placed at the top of the substitute list and given priority status and will be paid the regular union rate of pay for the job they are performing. Employees who are collecting unemployment compensation benefits agree to forfeit their eligibility for such benefits for the day(s) they are called to work and do not employing replacements report for those work. Laid off employees shall have their sick leave frozen during the time of layoff. Employees shall be removed from the layoff list after a two year period, and shall no longer be subject to recall. Any employee who retirehas been accepted into a new position through the displacement procedure will be placed in the new position no later than a month after acceptance, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionswhen possible. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF SECTION 5 - Probation - New employees shall be offered the first opportunity to fill substitute on probation for a period of one hundred twenty (120) working days before they accrue seniority rights and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more release such probationary employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made vested exclusively in the following order: Employer regardless of other provisions of this Agreement. Probationary employees retained in excess of one hundred twenty (1120) working days shall have seniority from date of Board meeting hiring the regular employee, and hire. The one hundred twenty (2120) the sum of the last four working day probationary period may be extended by mutual agreement by thirty (430) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coinworkingdays. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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REDUCTION IN FORCE. Whenever the Board deems If it becomes necessary to reduce decrease the number of employees continuing contract teachers who are full-time due to lack of fundsto, lack of workbut not limited to, or changes in the abolishment of a positionstudent population, curriculum changes, and/or the budget limitations within the school district, the following procedures shall apply: 25.01 To governing body of the extent possible, school system may lay off the necessary number of bargaining unit members affected employees, by area of certification. As soon as the Board determines that a reduction in force will be minimized by not employing replacements for those employees who retireis necessary, resign or the Superintendent shall notify the President of the Teacher’s Association of the Board’s determination. For the purpose of this article, classifications are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be defined as follows: A. All members of : Elementary K-5 English or Language Arts Social Studies Mathematics Science World Language Family & Consumer Science Industrial Arts/Technical Education Business/Computers Art Physical Education Wellness Music Special Education Guidance Media Specialist (Librarian) In identifying which teacher(s) to release, the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, administration and the Board will notify consider the local Association President of following in this order: certification, experience in the upcoming layoffs and necessity for it. The Board will also prepare a list of namescertified area, classificationsdegree status, professional development, and seniority dates the last five years of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniorityevaluations. If District seniority is all the factors are equal, then seniority may be considered in making a final determination. Seniority is defined as the determination shall be made total number of years of continuous employment in the following order: (district. If layoffs occur in the elementary grades or in Special Education positions, the Superintendent may shift the assignments of the remaining elementary teachers to provide the best possible programs. No teacher may be prevented from securing other employment during the period he or she is laid off under this subsection. There will be no recall rights for terminated employees. However, the administration may consider the application of terminated employees for such positions which may become available in subsequent years, provided the terminated employee(s) submit a reasonable and timely application at the time the position becomes vacant. A previously employed teacher who returns to a teaching position within a three-year period shall resume employment with prior benefits reinstated only if eligible, at no less than the step occupied when the teacher position previously held was terminated. When the District has a Reduction in Force of an employee, the District shall note in the employee’s personnel file, 1) date that the employee left the District because of Board meeting hiring the regular employeea RIF and, and (2) that the sum of reason for leaving reflects no discredit on the last four (4) digits service of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures The term “layoff” shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by be defined as a reduction in force will be minimized by not employing replacements for those employees who retirethe working force. In the event of a layoff, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned aboveprobationary, will be made by first laying off part-time and temporary employees and then regular employees. RIF employees shall be offered in the first opportunity classification in which the layoff is to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who occur shall be laid off will first, in any order, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. Thereafter, reductions in force shall be handled as described below. If there is a reduction in the classification of Detective, such reduction shall be made on the basis of classification seniority, least senior first, provided the greater District seniorityremaining seniority employees in that classification are qualified and able to perform the available work as scheduled. A full- time seniority employee who is displaced from the classification of Detective shall then be placed in a regular position vacancy, if any, in the classification of CAR. If District seniority there is equalno such vacancy, then such person shall displace the determination employee in the classification of CAR who has served the least amount of total time in the classification(s) of Detective and/or CAR, provided he has greater total time in such classification(s), is qualified, and is able to perform the work of the employee to be displaced. If there is a reduction of employees in the classification of CAR, such reduction shall be made on the basis of total time the employee has served on a full-time basis in the following order: (1) date classifications of Board meeting hiring Detective and/or CAR, commencing with the regular employeeemployee having the least amount of total time served, and (2) provided the sum of remaining seniority employees are qualified and able to perform the last four (4) digits of the employee’s social security numbers for the high numberavailable work as scheduled. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any An employee who is displaced from his position as a CAR, but who formerly held a position in the Midland Sheriff Employees Association bargaining unit (Unit I), may request transfer to said unit in accordance with the provisions of that agreement. Employees to be laid off for an indefinite period of time will receive at least seven (7) calendar days written notice of layoff. The Association shall receive a list from the County’s Director of Human Resources of the employees being laid off on the same date the notices are issued to the employees. When the work force is increased after a layoff, full-time seniority employees will be recalled to regular position vacancies in the classification of Detective, in order of classification seniority within the rank of Detective, most senior first, provided the employee to be recalled is qualified and is subsequently eligible for re-employment able to perform the available work as scheduled. Employees shall be notified recalled to regular position vacancies in writing the classification of CAR, based upon the total time the employee has served on a full-time basis in the classifications of Detective and CAR, commencing with the employee who has the greatest amount of total time served, provided the employee to be recalled is qualified and able to perform the available work as scheduled. Notice of recall may be by the Board of an opening within their classification. Such notices shall be sent telephone, confirmed by certified mail to the employee’s last address given known address, with a copy to the Board by the employee. B. Association. Employees on the recall list will be recalled in reverse order of layoff granted up to fourteen (i.e., most senior14) for vacancies. C. Any employee who fails calendar days to respond in writing return to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possiblework, upon request of the bargaining unit membersemployee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever If the Board deems it necessary decides to reduce decrease the number of employees due to lack of fundsEmployees, lack of workdiscontinue particular positions, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the decrease their number of bargaining unit members affected work hours in any classification covered by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in forcethis Agreement, the Board will notify honorably dismiss the local Association President affected Employees on the basis of seniority within the upcoming layoffs and necessity for it. The Board will also prepare a list of namesaffected classification (i.e., classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a Employee in the classification shall be laid off first), provided that the remaining Employees in that classification are determined to be qualified to perform the work remaining after the layoff/reduction. An Employee who is subject to layoff and continue who has prior District experience in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another seniority classification may displace any employee from their current or previous the least senior Employee in the classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends formerly held, provided he/she has the necessary present skills, abilities, and qualifications for the position. The classifications of Employees are: One-on-One Nurse‌ One-on-One Paraprofessionals Paraprofessionals (Special Ed and Student Support Center) Music Paraprofessionals‌ Excel Paraprofessionals Library Paraprofessionals ELL Paraprofessionals Student Safety (10 months) Student Safety (12 months)‌‌‌‌ 7.1.1 Seniority shall be defined as the length of full-time service within the District in an ESP classification commencing with the first day of employment (i.e., first day of actual work), less adjustments for layoff or approved leaves of absence without pay (excluding military leaves). If an Employee changes classification, the Employee shall maintain seniority in that classification but shall not accrue any further seniority in his/her previous classification. In the new classification, the Employee’s seniority carries over from the prior classification, except that beginning in the 2017-2018 school year, an Employee must begin to exercise this rightaccrue seniority anew in any new classification (i.e., the Employee does not carry over seniority from any prior classification). Seniority ties shall be broken by the date the employee was hired by the Board. If there is still a tie, the application date shall be used to break the tie. D. 7.1.2 If two (2) or more employees subject to layoff Employees otherwise have equal job classification seniorityseniority and one or more is to be honorably dismissed, the determination as to who seniority order shall be laid off will be made on the basis of the greater District seniority. If District seniority is equaldetermined by, then the determination shall be made in the following order: (1) date of Board meeting hiring 7.1.2.1 Most experience in the regular employee, andEmployee’s current classification in this District; 7.1.2.2 Highest performance ratings in the Employee’s last two (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.evaluations;

Appears in 1 contract

Samples: Negotiated Contract

REDUCTION IN FORCE. Whenever Should the Board deems it necessary to reduce of School Directors, at its sole discretion, determine that there will be a required reduction in the number of employees due to lack of funds, lack of work, or the abolishment of a position, teaching force this reduction shall be accomplished in the following procedures shall applysuccessive manner: 25.01 To a. Through non-replacement of retired or resigned teaching positions. b. Should (a) be insufficient for the extent possiblerequired reduction, the number of bargaining unit members affected by a reduction in force permanent substitutes will be minimized by not employing replacements furloughed. c. Should (a) and (b) provisions be insufficient, then temporary professional employees shall be furloughed. d. Should (a), (b) and (c) above be insufficient for those the required reduction, then permanent professional employees who retirewill be furloughed in accordance with the Pennsylvania School Code. Employees furloughed, resign or are dischargedas specified above, shall be furloughed in the inverse order of their seniority with consideration of staff realignment based upon their certification. It is recognized the parties' intent that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit no employee shall be placed on seniority lists according to classification. Prior to a reduction in forcefurlough status, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to if another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than in the displaced same area of certification. Seniority shall be defined as the length of continuous service in the School District, from the date the professional employee was last hired as a professional or temporary professional employee. Subsequently, any employee who is displaced by a In the event more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: than one (1) date employee was hired on the same day, seniority will be determined by the drawing of a lot. Employees who have been furloughed shall annually indicate to the Board meeting hiring of School Directors their availability for re-employment and an address where they can be contacted. Employees shall be rehired in the regular employeereverse order of their furloughing and shall, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high numberupon re- employment, be credited with any former service and seniority benefits accrued in their earlier Hazleton Area School District employment. If the summation of the employee’s social security numbers creates a tie, it Seniority and seniority rights shall be broken by the toss of a coinresignation, retirement or discharge. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever In the Board deems event of a reduction in force that necessitates the layoff of any employee from the system, the employee with the least seniority within the bargaining unit will be the first to be laid off regardless of his position. However, in order to be retained or recalled the employee or employees must be able to perform available work efficiently. Employees to be laid off for an indefinite period of time will be given a written notice of layoff at least ten (10) working days prior to the effective date. Also, the employer shall give written notice to the Local Union President and the Chairperson of the Grievance Committee on the same day as the employee is notified. When it is necessary to reduce the number of employees in any job classification due to lack elimination of fundsthe job, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, reduction in the number of bargaining unit members affected by a reduction employees in force that job or other reason, the employee on the job with the least seniority will be minimized released from that job. Such employee will then be allowed to displace an employee with less unit seniority on another job classification provided the displacing employee is able to satisfactorily perform the duties of the job the employee seeks to displace into. Any employee displaced under this procedure will, in turn, have a like right until, by not employing replacements for those employees who retirethe process of elimination, resign or are dischargedthe employee with the least unit seniority is laid off or, if no layoff is contemplated, is assigned other work by the Employer. It is recognized that attrition alone may not Employees on layoff shall be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, placed at the top of the substitute list and given priority status and will be made by paid the regular union rate of pay for the job they are performing. Employees who are collecting unemployment compensation benefits agree to forfeit their eligibility for such benefits for the day(s) they are called to work and do not report for work. Laid off employees shall have their sick leave frozen during the time of layoff. Employees shall be removed from the lay off list after a two year period, and shall no longer be subject to recall. Any employee who has been accepted into a new position through the displacement procedure will be placed in the new position no later than the first laying off temporary employees and then regular employeesweek after acceptance. RIF SECTION 5 - Probation - New employees shall be offered the first opportunity to fill substitute on probation for a period of one hundred twenty (120) working days before they accrue seniority rights and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more release such probationary employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made vested exclusively in the following order: Employer regardless of other provisions of this Agreement. Probationary employees retained in excess of one hundred twenty (1120) working days shall have seniority from date of Board meeting hiring the regular employee, and hire. The one hundred twenty (2120) the sum of the last four working day probationary period may be extended by mutual agreement by thirty (430) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coindays. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever A. Reduction in Force (RIF) may be necessary because of decreased enrollment of pupils, changes in curriculum, changes in the Board deems it necessary to reduce the number use of employees due to personnel, lack of funds, lack return to duty of workregular personnel after leaves of absence, suspension of schools or territorial changes affecting the abolishment District. For purposes of a positionthis Article, decreased enrollment of pupils shall include consideration of subject-area enrollment as well as district-wide enrollment. Decreased enrollment of pupils shall also take into account declining enrollment over the following procedures five-year period immediately preceding the RIF, and thus is not limited to declining enrollment in the current or previous year. Length of continuous service shall apply:not be interrupted by authorized leaves of absence. 25.01 To the extent B. Where known and where possible, the number of bargaining unit members persons affected by a reduction in force RIF will be minimized kept to a minimum insofar as is practicable by not employing replacements for those replacing members who retire or resign. When RIFs are necessary, county employees within the classifications affected will be reduced prior to members. C. Vacancies created by members who retire, resign resign, or are discharged. It is recognized that attrition alone may on leave of absence when such vacancies are not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned abovefilled, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit shall be placed on seniority lists according to classification. Prior to do not constitute a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. Seniority shall be determined by placing all members on a seniority list by job classification as set forth in Article XXII. Bumping of positions shall be by seniority within classifications. Members who have previous experience in other classifications may also hold seniority in that classification if the previously held position was worked within the previous five (5) years. Seniority lists shall be revised at least annually, and no later than December 1 of each school year; and a copy of each revision shall be provided to the president of the Association within thirty (30) days of its completion. If two (2) or more employees subject to layoff members on any seniority list shall have equal job classification senioritythe same length of continuous service, the determination as to who seniority shall be laid off will determined by: a. The date of the Board meeting at which the member was hired; and then by b. Last digit of the social security number (the lowest last number of the social security number shall have the lowest seniority). Length of continuous service shall not be made interrupted by authorized leaves of absence. Seniority shall be lost when a member leaves the bargaining unit for any reason other than RIF or an approved leave of absence. Seniority shall not accrue on an approved leave of absence. E. Members selected for workforce reduction shall be placed on a "RIF List" in descending order of seniority. As positions or vacancies become available, those members shall be recalled to employment in descending order of seniority (last in first out). Notice of recall shall be given by telephone and registered mail to the last telephone number and last address given by the member to the Board. It shall be the responsibility of the member to keep the Board advised in writing of a telephone number and mailing address at which he/she can be reached. Each member shall remain on the basis of RIF List for two (2) full school years, provided that the greater District seniority. If District seniority is equal, then the determination rights herein granted to a member shall be made in forfeited by the following ordermember should he/she: (1) date of Board meeting hiring the regular employee, and waive his/her recall rights in writing; (2) the sum of the last four resign; (3) fail to accept recall as provided for herein; or (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off fail to report to work in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening position that he/she has accepted within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.ten

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. Whenever SENIORITY/RECALL 8.1 Reduction in Force, District Seniority and Recall A. The categories of positions for members of the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of JISPA bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the 1. Alternative Education Paraprofessionals (AEP) 2. Autism Paraprofessionals 3. English Language Learning Paraprofessionals (ELL) 4. General Classification Paraprofessionals 5. Licensed Practical Nurses Paraprofessionals (LPN) 6. Media Paraprofessionals 7. Reading Paraprofessionals 8. American Sign Language Paraprofessionals 9. Part-time ESP (employed less than 30 hours per week) 10. Parent Educator B. JISPA bargaining unit members shall accrue seniority in their respective category of position for sequence of dismissal purposes. No combined seniority list will be placed on prepared for all educational support personnel (ESP) for sequence of dismissal purposes. A seniority lists according list for each category of position will be prepared and delivered to classification. Prior to the JISPA President by February 1 of each year. C. The Board shall dismiss ESPs, in inverse seniority order in each category of position, when a reduction in force, force due to economic reasons and/or due to reduction of some particular type of educational support personnel service is deemed to be in the Board will notify the local Association President best interest of the upcoming layoffs and necessity for itDistrict. The Board will also prepare a list sequence of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers dismissal for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off JISPA members in a reduction in force shall be placed on the following order: 1. All part-time ESPs shall be dismissed prior to dismissal of full-time members; 2. The least senior members in each of the remaining categories of positions listed in Section A hereinabove as the Board determines; 3. Any ties in seniority dates shall be broken by a recall list for up to twentydraw of lots; 4. “Bumping rights” as a part of reduction in force shall be as follows: a) Part-four (24) months from the date of suspension. Those on the recall list time ESPs shall have no right to “bump” or move into any other category of position because of seniority acquired at JSD #117. b) JISPA members may only “bump” or move into the following rights:General Paraprofessionals category of position if a member has more seniority in that category than a less senior member assigned to that category and the member is highly qualified under the law. No JISPA member may “bump” into any other category of position other than the General Paraprofessionals category of position as provided herein above. A. Any employee who is laid off and is subsequently eligible for rec) Reading Paraprofessionals shall have no right to “bump” or move into any other category of position after the beginning of the 2013-employment 2014 school year. D. A Recall List shall be notified developed which lists reduced employees by seniority and the categories of positions for which they meet legal qualifications and the qualifications as set forth in the applicable job description for specific position. Members shall be recalled based upon seniority provided they meet the qualifications for the specified position to which they are being recalled. Members, who are honorably dismissed pursuant to a reduction in force, shall notify the Superintendent, or his/her designee, in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business dayscalendar days of receipt of the notice of honorable dismissal of their current email and U.S. mail address. If the member fails to provide current contact information within that ten day period, then the District shall use the member’s contact information it has on file as that member’s most current contact information. The Superintendent, or declines a full-time positionhis/her designee, shall forfeit all notify the member in writing of an offered position on recall rightsby sending such notice electronically to the member’s email address and by letter via U.S. mail addressed to member’s residence. The member shall have three (3) business days following the date the email and letter are respectively mailed to accept or reject the position offered. The member shall notify the Superintendent, or his/her designee” in writing of acceptance or declination of the position offered. The failure of the member to accept/decline the offered position within the three business day period shall constitute a refusal of the offered position. A member who either declines an offered position or fails to respond in the three day period shall be removed from the recall list. 25.05 The Administration will provide letters X. A member, who is recalled and accepts a position on recall in a category of recommendation for bargaining unit members affected by position in a reduction different category of position than the member was in forceon the date his/her honorable dismissal was effective, and will attempt to provide other forms shall retain the same seniority the member had in his/her prior category on the date of assistance, where possible, upon request dismissal in the new category of the bargaining unit membersposition accepted on recall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever LAYOFFS A. The County shall determine in which class or classes within the Board deems it necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a position, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force staff will be minimized by not employing replacements for those employees who retirehave the least detrimental effect on departmental operations and will specify the layoff accordingly. Within the bargaining unit, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF all nonpermanent employees shall be offered laid off before any permanent employees and in the following order: temporary, provisional and probationary. B. Seniority shall be the determining factor for purposes of layoff and right to rehire. Seniority shall be defined as total service time within the bargaining unit, including all service time in higher ranking law enforcement positions within the Sheriff's Office that are outside the bargaining unit. The employee with the least seniority shall be the first opportunity to fill substitute and temporary positions be laid off. The order of rehire shall be in reverse order of layoff with the last or most senior employee laid off being the first to be rehired. Ties in seniority shall be broken by District senioritythe drawing of lots. 25.03 C. An employee laid off in one class within the bargaining unit may displace another employee in another class within the bargaining unit if the laid off employee had previously attained permanent status in the other class and there is an employee in that class with less seniority. The procedure to employee displaced shall be used will be considered as follows:laid off for the same reason as the person who displaced him/her. A. All members of D. An employee laid off in a higher ranking law enforcement position within the Sheriff's Department that is outside the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right permitted to displace a less senior an employee within the bargaining unit having less seniority. The employee displaced shall be considered as laid off for the same classification. An employee entitled to bumping rights must notify reason as the Board within two (2) work days if heperson who displaced him/she intends to exercise this righther. D. If two (2) or more E. All permanent employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall reemployment list for up to twenty-four the class in which the employee was laid off or for another class within the bargaining unit for which they meet the minimal qualifications. The reemployment list shall remain in effect for a period of two (242) months years from the date of suspensionlay off. Those on Refusal of an employee to accept an appointment to a position in a class from which he/she was laid off may result in the recall list removal of the employee from the reemployment list. F. The Association will be informed of any pending reduction in force layoffs at least seven (7) days prior to the official notification of employees affected thereby. The notification will include the reasons for the layoffs and the number and types of positions affected. At this time, the Association may make its views and recommendations known to the County concerning the implementation of such layoff. Employees affected shall have the following rights:be given thirty (30) days notice of layoff. A. Any G. The County will cooperate with any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board as a result of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, force layoff and the State Employment Service (or equivalent agency) in determining the rights to be afforded the separated employee(s) and will attempt to provide other forms of assistance, where possible, upon request inform employees of the bargaining unit membersmethod and procedures to follow when applying for any available benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever 7.01 When the Board deems determines it is necessary to reduce the number of employees due to lack of funds, lack of work, or the abolishment of a positionbargaining unit positions, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a and principles set forth in R.C. 3319.172 will be utilized. A reduction in force may occur for the following reasons: 1. Decline in student enrollment in the District or a particular program/class; 2. Return of an employee from a leave of absence; 3. Suspension of schools or territorial changes affecting the District; or 4. Financial reasons. 7.02 The following classifications shall be used for the purpose of defining classifications in the event of a layoff: Clerk Crossing Guard Mechanic Paraprofessional Bus Driver Custodian Secretary Maintenance/Maint. Assist. EMIS 7.03 Within each classification affected, employees will be minimized laid off by not employing replacements classification seniority, with the least senior employee laid off first. The laid off employee may displace any less senior employee in a classification previously held by the laid off employee based on his/her seniority if the employee has remained qualified for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsthe position previously held. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF 7.04 Affected employees shall be offered reduced and contract suspended according to classification seniority with the first opportunity to fill substitute least senior employee within the classification reduced first. Medical, maternity, military leave, layoff or any Board approved leave shall not constitute a break in service; however, no credit may be earned during the absence. If two or more employees have the same length of continuous service, seniority will be determined by: a. The date of the Board meeting at which the employee was hired, and temporary positions then by b. The date of the application from which the employee was hired, and then c. If any ties remain after (a) and (b) they will be broken by District senioritya coin toss. 25.03 The procedure d. Classification Seniority shall be determined by the employee’s latest entry into that classification. 7.05 Each employee to be used will reduced shall be as followsgiven twenty-five (25) days advance written notice of the reduction. Each notice of reduction shall state the following: A. All members a. The reasons for reduction; b. The effective date of reduction; c. A statement advising the bargaining unit employee of his/her rights of reinstatement from the reduction. 7.06 For each classification in which reductions occur, the Board of Education shall prepare a reinstatement list and names of all employees shall be placed on seniority lists according to classificationthe list in the order of their seniority. Prior to If a reduction in forcevacancy occurs, the Board will notify serve notice in person or by registered mail at the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates last known address of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those persons on the recall list shall have who are qualified according to these provisions. It is the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by person’s responsibility to keep the Board informed of an opening within their classificationhis current address. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails All persons are required to respond in writing to the Superintendent’s district office within ten seven (107) business calendar days. Any person who declines to accept the position, or declines a full-time position, who fails to respond within seven (7) calendar days shall forfeit all recall rightsrights and be removed from the list. Refusal of reinstatement shall be in writing. 25.05 The Administration 7.07 All persons on reduction status will provide letters of recommendation remain on the recall list for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.eighteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. Whenever The Board of Education of Xxxxxxx County retains the Board deems it necessary right to reduce its work force by reducing the number of employees. The reduction in force process will begin when there are more employees due than positions in their category. 1. In any reduction of unit members necessitated as a result of budgetary actions and/or administrative reorganization, unit members shall be laid off from the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment affected on the basis of seniority. When employees have the same hire date, the needs of the school system will determine which employees are laid-off. Exception to lack of funds, lack of work, or this would be where the abolishment of a positionsenior unit member who would be kept does not have the minimum requirements necessary to perform the remaining work within the affected unit member assignment. In the event the minimum qualifications for any position are changed, the following procedures shall applyprocedure will be followed for unit member(s) not meeting the new qualifications by the effective date: 25.01 To a. Unit member(s) not meeting the extent possibleminimum qualification will be identified by the Department of Human Resources. b. Unit member(s) identified by Human Resources will have the option of selecting the position of the least senior employee in the same classification who holds the position for which they qualify. c. If the affected unit member does not select the position of the least senior unit member, they are eligible for voluntary transfer as outlined in Section C. d. If the affected unit member does select the position of the least senior unit member, the displaced unit member is eligible for voluntary transfer as outlined in Section C. e. If more than one unit member is identified as not meeting new minimum qualifications for their current position, an equal number of bargaining unit the least senior employees in the same classification for which the affected members affected by a reduction in force qualify will be minimized identified by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductionsHuman Resources. 25.02 Reductions needed beyond those available f. The affected members beginning with the highest senior unit member may select a position from the positions identified in “e” of this Section. The procedures then follow as mentioned above, will be made by first laying off temporary employees outlined in “c” and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority“d” of this Section. 25.03 The procedure to be used will be g. A member shall not receive a promotion as follows: A. All members a result of the bargaining unit shall be placed on seniority lists according to classification. Prior to a reduction in force. A promotion is considered any increase in wages, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of namesrank, classifications, and seniority dates of all affected employeesor status. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority. C. A RIF employee(s) that has transferred from one classification 2. Unit members laid-off pursuant to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the greater District seniority. If District seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coin. 25.04 The names of employees who are laid off in a reduction in force paragraph 1 shall be placed on a recall list for up their clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment for a period of two (2) years. 3. While a lay-off continues, no new unit members will be hired into any clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment, except in the unique circumstances where: (a) no unit member on lay-off is qualified to twentyfill a vacant position, or (b) all qualified unit members decline the offer to fill the vacancy. 4. All unit members on lay-four off shall be notified of any vacancies in clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignments within five (245) months from calendar days in advance of the date closing deadline for determining whether they wish to exercise recall rights. If a unit member elects not to return to a vacancy with the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment they previously worked in prior to lay-off (unless the employee is unable to perform the minimum requirements of suspensionthe vacancy), said unit member will waive all further recall rights. Those If a unit member elects not to accept a vacancy in a different clerical, assistant, licensed practical nurse, and security monitor assistant assignment, for which they are qualified, said unit member may still remain on the recall list shall have the following rights: A. Any employee for their previously assigned unit member assignment. An individual who is laid offered recall must indicate to the Department of Human Resources, in writing, within five (5) duty days whether or not they accept the position offered and must be available for return to duty within 15 calendar days. 5. In recalling laid-off unit members, employees on the recall list for the clerical, assistant, paraprofessional, licensed practical nurse, and is subsequently eligible for re-employment security monitor assistant assignment in which a vacancy exists shall be notified recalled in writing the order of their seniority by the Board of an opening within their classificationlast assignment. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees If qualified, employees on the recall list will be recalled offered a position in reverse order of layoff (i.e., most senior) for vacanciesa different category when no other employees are left on the recall list from that previous category. C. Any employee who fails to respond 6. The Association will be notified when all employees are placed in writing to new positions and/or when there are no longer any names remaining on the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rightslist. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN FORCE. Whenever In the Board deems event that it becomes necessary to reduce the number of employees staff due to the abolishment of a position, lack of funds, lack of work, work or the abolishment of a positionbuilding closures, the following procedures procedure shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary govern such reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members of the bargaining unit Reductions shall first be placed on seniority lists according to classification. Prior to a reduction in forcemade through attrition resulting from resignations, the Board will notify the local Association President of the upcoming layoffs retirements and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employeestransfers. B. All layoffs When the Board has determined the need for reduction either system-wide or within a department or building, new employees in an initial probationary, temporary or provisional status shall begin with be laid off first. C. Reductions shall be by classification. Shorter hour positions within a given classification shall be eliminated before other positions. D. Employees whose positions are eliminated shall have displacement (bumping) rights. Such employees may first bump within their classification. An affected employee may bump the least senior employees within a classification and continue employee in inverse order of job the classification, providing she/he has more classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any E. An employee who is displaced by a more from the classification may bump the least senior employee shall also have the right to displace in a less senior employee lower classification within the same classificationclassification series, providing he/she has more classification seniority and has the qualifications and ability to perform the essential functions of the job to which they are bumping. An Such employee entitled shall be given a ten (10) working day trial period to bumping rights must notify the Board within two (2) work days determine if he/she intends has the qualifications and ability to exercise perform the essential functions of the job.* If the employee cannot successfully perform the job duties after this rightperiod then he/she shall be granted further displacement rights in accordance with this Article. D. F. Classification series are as follows: Network Manager Network Technician Head Mechanic Skilled Maintenance**Assistant Bus Mechanic Assistant Mechanic/Maintenance Head Custodian Unlicensed Custodian *Shipping/Receiving and Delivery Food Service Driver Cleaners Groundskeeper *If two (2) in the opinion of the Administration an employee does not possess the minimum qualifications for the Shipping/Receiving and Delivery position, the trial period may be denied. INTERPRETER Interpreter Aide Bus Driver Security Guard LRC Technician Long Distance Learning Technician Admn. Secy Computer Oper/Acct. School Secretaries Data Processing Recept./PBX Oper. Attendance Clerk Clerk Typist Court Liaison Teacher Aide/Handicapped Aide/Library Aide Handicap Attendant Bus Aide Playground/Lunchroom Monitor Assistant Cook Cashier-Accountant Cafeteria Aide/H.S. Cashier G. Exception to bumping least senior employee in a classification: if bumping least senior employee requires affected employee to suffer a loss of hours/day or more days/year, then the affected employee may bump the position held by the least senior employee having an equal number of hours/days or, if such a position does not exist, the least senior employee having the greatest number of hours/days that do not exceed what the affected employee had in the previously held position. The principle here is to allow employees subject to layoff have equal job bump based on seniority into positions closest to their original position in terms of total hours. H. An employee may only bump another employee who has less classification seniority. I. At any point in the displacement process, the determination as to who shall be laid off will be made an affected employee may bump back into a classification in which previously employed, on the basis of the greater District seniority. If District his/her classification seniority is equal, then the determination shall be made in the following order: (1) date of Board meeting hiring the regular employee, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken by the toss of a coinformer classification. 25.04 The names of employees who are J. Any member laid off in shall retain recall status for a reduction in force shall be placed on a recall list for up to period of twenty-four (24) months from during which time the Board shall not hire any new employee or promote any present employee in any classification affected by a reduction until all employees reduced or laid off have been offered an opportunity to be reinstated. During any lay-off period, promotions will be granted only when they will not interfere with the recall of any laid-off employees. X. Xxx (10) working days prior to effective date of suspensionany lay-off the Board will notify, in writing, each employee to be laid off, a copy of which will be given to the President of the Association. Those on the Employee notification shall include reason for lay off, recall list shall have the following and reinstatement rights:. A. Any employee who is laid off and is subsequently eligible for re-employment L. Vacancies which occur after any reduction shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent offered by certified mail to the last address given highest seniority employee on the Board by reinstatement list, if the vacancy is within the employee's classification, at which time employee must respond within three (3) workdays. In the event the position is declined, the employee's name will be removed from the reinstatement list and the next employee in line shall be offered the position. If, at the time of recall, the employee is physically unable to perform the job to which s/he is being recalled, his/her reinstatement rights will not be lost as a result thereof. B. Employees on M. It shall be the recall list responsibility of any laid-off employee to provide the Board, during any lay-off period, their current mailing address. If the registered notice is returned unopened, that employee will be recalled in reverse order of layoff (i.e., most senior) for vacanciesconsidered as resigned. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Negotiations Agreement

REDUCTION IN FORCE. Whenever ‌ If the Board deems it necessary to City should reduce its work force, layoffs shall be made within each department by job title within classification based on seniority as defined in Article 12 - Seniority, unless the number of employees due to lack of funds, lack of work, or the abolishment City determines that a bona fide special operational need exists that requires retention of a positionless senior employee. The City agrees to notify employees and the Union (the Local President and the Xxxxxx/Springfield Field Office at xxxxxx@xxxx000.xxx or 541-342-1055) not less than thirty (30) days prior to any layoff, except in the event of an emergency. If, prior to formal layoff notification as provided above, the following procedures shall apply: 25.01 To the extent possible, the number of bargaining unit members affected by City chooses to inform a reduction in force will be minimized by not employing replacements for those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions. 25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions by District seniority. 25.03 The procedure to be used will be as follows: A. All members member of the bargaining unit that he or she may be laid off, the City will also inform the Union of this potential layoff. Failure by the City to provide notice of possible layoffs to affected employees or the Union prior to the obligation for formal notification will not be subject to the grievance procedure. Employees who are to be laid off may bump down within the same department to a job title within the same classification for which the employee is qualified to perform the required work, unless the City determines that a bona fide special operational need exists that requires retention of a less senior employee. An employee who bumps into a lower job title within classification shall be placed on seniority lists according to classification. Prior to a reduction the salary schedule in forcethe lower job title at the highest rate, which does not exceed the Board will notify employee’s rate in the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees. B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of higher job classification seniority. C. A RIF employee(s) that has transferred from one classification to another classification may displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classificationtitle. An employee entitled who wishes to bumping rights must notify bump down into a lower job title within the Board within two classification shall provide written notice no later than five (25) work working days if he/she intends from the day of receipt of notification of layoff. Employees who are to exercise this right. D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made given preferential consideration for vacancies in other departments if the employee possesses the skill, ability and experience required in the vacant position. In lieu of layoff, an employee may take a voluntary demotion to a lower job title within the department, requiring similar knowledge, skills and abilities. This is contingent on availability of vacant positions, and the basis of the greater District seniority. If District seniority is equal, then the determination employee shall be made paid at the wage established for the lower job title. The employee may be placed at any step in the following order: (1) date of Board meeting hiring the regular employeerange in accordance with his/her experience, and (2) the sum of the last four (4) digits of the employee’s social security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, it shall be broken as recommended by the toss of a coinDepartment Head. 25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights: A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee. B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies. C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon request of the bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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