Common use of REDUCTION IN PERSONNEL, LAYOFF, AND RECALL Clause in Contracts

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be defined as a reduction in the work force. B. Except in unusual circumstances, no employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen (15) business days prior to the effective date of the layoff. C. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until the employer has given seventy-two (72) hours written notification to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff All days indicated in this article shall be defined calendar days. A. In the event of reduction of staff, elimination of positions, or reduction of hours, the following procedure will be followed: 1. Lay off will be according to seniority within the bargaining unit. a. Probationary employees will be laid off first. b. Following the lay off of probationary employees, the least senior employees will be laid off. c. An employee whose position has been reduced or eliminated shall have the option to accept lay off or to assume a position, held by a less senior employee, regardless of classification, if they are qualified as a reduction determined by the Board. The employee’s qualifications shall be evaluated based on the skills necessary for the job as described in the work forcejob description. d. The employee shall notify the Superintendent of Schools of intent to bump or accept layoff, in writing, within ten (10) days of signed receipt of written notification of layoff, reduction, or elimination, as outlined in Section A-2 of this Article. Failure to notify the Superintendent of intent will indicate choice of layoff. e. Bumping procedure will be completed within twenty (20) days of employee notification of intent to the Superintendent. 2. Any employee who is going to be laid off, reduced in hours, or whose position is going to be eliminated shall be given thirty (30) day notification in advance in writing by the Board or its designate. The District will make every reasonable effort to provide notification of layoff, reduction, or elimination of positions prior to June or after August. If unforeseeable circumstances arise and District notification for layoff, reduction, or elimination of positions should result in notification being less than thirty (30) days, the District shall provide reasons in writing. 3. The Administration and the Association shall meet in January to discuss the budget. If layoff, reduction of hours, or elimination of positions are anticipated they shall meet monthly thereafter until a recommendation to the Board has been determined. B. Except When laid off employees are recalled, they will be recalled in unusual circumstancesorder of seniority, no employee with the most senior being recalled first to any position for which they are qualified (qualifications to be determined as in Section A.1.c. above). Notice of recall shall be laid off pursuant sent to the employee’s last known address by registered mail. It shall be the responsibility of the employee to keep the District informed of their address. If an employee fails to notify the District within five (5) days after receipt of recall notice of their intent to return to work, they shall be considered a reduction voluntary “quit”. C. In the event an employee is suspended or discharged from employment and believes such action violates the contract, such suspension or discharge shall constitute a grievance and shall be handled in accordance with the work force unless said grievance procedure. D. Any employee desiring to resign shall have been notified file a letter of said layoff in writing resignation with the Superintendent of Schools at least fifteen two (152) business days weeks prior to the effective date of the layoffresignation. C. In the event of a reduction in the work force, the reduction procedure shall E. No service credit will be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application given for posted vacancies in classifications any year in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid was laid-off job classification and any other classification in which the employee holds seniorityfor more than six (6) months. D. In the event of a reduction F. If employees on layoff status substitute in the bargaining unit position for five (5) consecutive work force or a permanent reduction in the work hours of a positiondays, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until the employer has given seventy-two (72) hours written notification to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee they will be discussed. (b) For paid at the purposes of this section the following definitions will apply: negotiated Step One (1) Claim seniority – rate for the temporary position or their former rate of pay at the date of layoff, whichever rate is higher. This means using ones seniority to take will begin on day six (6) in the position of another employee with less seniorityposition. (2) Hours – This means G. Employees on layoff status will be the number of hours worked per weekfirst to be offered any substitute bargaining unit jobs for which they are qualified.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. In the event a layoff situation develops, the Board will decide the reduction or elimination of positions within the various classifications, and agrees that the procedure will be as follows: A. Layoff shall The Association will be defined as a reduction in given not less than five (5) days notice of intent to lay off and will be given the work forceopportunity to immediately discuss the circumstances with the employer. B. Except in unusual circumstances, no An employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing given at least fifteen (15) business days prior notice of layoff. Employees subsequently displaced, if any, shall be notified of such displacement as soon as practicable but not less than one working day after the more senior employee has exercised the right to the effective date of the layoffdisplace. C. In the event of a necessary reduction in the work force, the reduction procedure Employer shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In first layoff probationary bargaining unit members in the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a affected classification, and no position is available to then the employee within another classification in which the laid off employee has acquired seniority because of relative seniority least senior bargaining unit members in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall the employer employ a new employee while there are laid-off bargaining unit members who are qualified for a vacant or newly created position. Bargaining unit members whose positions have been eliminated due to reduction in any employee’s work hours take effect until force or who have been affected by a layoff/elimination of position shall have the employer has given seventy-two (72) hours written notification right to assume a position, regardless of classification, for which they are qualified, which is held by the least senior bargaining unit member closest to the affected employee.daily hours that the displaced member was working. For the purpose of displacing as described above, “Necessary skills” and “Qualified” will be determined using the following protocol: 1. Paraprofessionals (a) Whenever Administration will develop a paraprofessional is being displaced written and/or performance based test for each position/classification to be administered annually during the parties month of August. The test will meet as soon as possible be administered to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussedand graded by the administration. The Association President may review the completed and graded test. (b) For 2. The member wishing to displace another member will provide a resume, outlining their qualifications for the purposes position they wish to displace. 3. The administration may choose to conduct an interview with the person wishing to displace another employee. The Association President may observe the interview. D. The use of this section the following definitions will apply: (1) Claim seniority – This means using ones bargaining unit seniority to take the position of displace another employee with less seniority. (2) Hours – This means the number of hours worked per week.must be exercised within three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 13.1 Layoff shall be defined as a reduction in the work force. B. Except in unusual circumstances, no employee shall be laid off pursuant to a reduction in the work force unless said beyond attrition, due to a lack of funds, enrollment losses, or such other condition requiring a reduction, as determined by the Board of Education. 13.2 Bargaining unit members shall receive a minimum notice of thirty (30) working days of impending layoff. In the event of a layoff, probationary employees within affected job classifications shall be laid off first, followed by bargaining unit members with the least seniority, until the necessary reduction is completed. In no case shall a new employee shall have been notified be employed by the Employer while there are laid off employees within the job classification of said layoff the laid off employee. The Board reserves the right to determine affected classifications. Members facing layoff, who are determined by the Board to possess the necessary qualifications for positions in writing at least fifteen (15) business days prior to the effective date of other job classifications, may displace a less senior unit member in such other job classification not affected by the layoff. C. 13.3 Upon mutual written agreement of the employee and the Board, individual seniority rights may be waived for the purpose of accepting a voluntary layoff. The undersigned hereby agrees to waive his/her seniority for purposes of the Posen School District impending institution of a layoff under the Agreement. This waiver is given, however, without prejudice to the assertion of seniority for all other purposes contained in the Agreement, including recall rights and other contractual privileges or benefits conferred under the Agreement. This waiver pertains solely to the order in which said bargaining unit member might be laid off during the period of this Agreement. Date Date Bargaining Unit member Association Representative Date 13.4 There shall be no reduction in the normal work hours provided for any bargaining unit member or position without prior notification of the Association. In the event of a reduction in the work forcehours in a department, bargaining unit members with the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available greater seniority may use same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in normal work schedule by displacing bargaining unit members with less seniority on the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyschedule. In no case shall a reduction in of any employee’s bargaining unit member's work hours take effect until the employer has given seventy-two twenty (7220) hours calendar days after written notification notice to the affected employeebargaining unit member(s) is given by the Employer. 113.5 A laid off bargaining unit member shall be granted priority status on the substitute list according to his/her seniority. Paraprofessionals Laid off bargaining unit members may continue their health, dental and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer after the first thirty (a30) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number days of hours of the positionsuch layoff, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee during which time all fringe benefits will be discussedcontinued by the Employer. Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to any position for which the Board determines they are qualified. 13.6 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given five (b5) For working days from receipt of notice to acknowledge his/her intent, in writing, to the purposes of this section Board. The Employer may fill the following definitions will apply: position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within the five (15) Claim seniority – This means using ones seniority day period. Bargaining unit members recalled to full-time work for which they are qualified are obligated to take said work. A bargaining unit member who declines recall to full-time work for which he/she is qualified shall forfeit his/her seniority rights. Bargaining unit members on layoff shall not accrue seniority during the position period of another employee with less senioritysuch layoff. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be defined as It is understood by the parties that a reduction in staff may be required in the work forceevent of a financial emergency, a significant reduction in student enrollment, or a significant reduction in funding. To promote an orderly reduction in personnel when the educational program, curriculum, and staff are curtailed, the following procedures will be used: Teachers will be reduced based on years of service, evaluation average, and a rolling three- year average of the teacher’s evaluation rating and the listed factors to be considered under Vacancies. For teachers with less than three years of service, the District will use the rolling average of all available evaluation ratings and the listed factors to be considered. All factors being equal, the least senior staff member will be laid off. B. Except in unusual circumstancesAfter a reduction of teachers as outlined above, no employee if there are teaching positions that are created and/or vacant, laid-off teachers who are adequately certified and qualified for the position(s) will be given the first opportunity to fill such positions. The notification shall be given to all laid-off teachers, and the vacancy or vacancies shall be filled by the most adequately qualified (per Article XXV, Section C). C. The Association will be notified of the contemplated reduction in personnel at least ten (10) days before the layoff notices are distributed to the teachers. Teachers being laid off pursuant to shall receive a reduction in the work force unless said employee shall have been notified of said layoff 60-calendar day notice in writing at least fifteen (15) business days prior to before the effective date of layoff for layoffs during the layoffsummer months and no less than one (1) full semester for layoffs during the school year. C. In D. The Board shall give written notice of layoff or recall from layoff by sending a registered letter or certified letter to the event of a reduction in the work force, the reduction procedure teacher at their last known address. It shall be applied within each classification as follows:the responsibility of the teacher to notify the Board of any change in address. 1. Probationary employees shall E. The certification and qualifications of an employee to be laid off first. 2shall be the certification and accumulated qualification on file with the Board at the time the layoff occurs. In the event seniored employees must The certification and qualification of an employee to be laid off, recalled from layoff shall be the certification and qualifications on file with the basis Board at the time the notice of seniority. 3recall from layoff is sent. In It is the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until responsibility to notify the employer has given seventy-two (72) hours written notification to the affected employeeBoard, in writing, of any inaccuracies in Board records and/or any changes as they occur. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Professional Negotiation Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. In the event a layoff situation develops, the Board will decide the reduction or elimination of positions within the various classifications, and agrees that the procedure will be as follows: A. Layoff shall The Association will be defined as a reduction in given not less than five (5) days notice of intent to lay off and will be given the work forceopportunity to immediately discuss the circumstances with the employer. B. Except in unusual circumstances, no An employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing given at least fifteen (15) business days prior notice of layoff. Employees subsequently displaced, if any, shall be notified of such displacement as soon as practicable but not less than one working day after the more senior employee has exercised the right to the effective date of the layoffdisplace. C. In the event of a necessary reduction in the work force, the reduction procedure Employer shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In first layoff probationary bargaining unit members in the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a affected classification, and no position is available to then the employee within another classification in which the laid off employee has acquired seniority because of relative seniority least senior bargaining unit members in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a new employee be employed by the employer while there are laid-off bargaining unit members who are qualified for a vacant or newly- created position. Bargaining unit members whose positions have been eliminated due to reduction in any employee’s work hours take effect until force or who have been affected by a layoff/elimination of position shall have the employer has given seventy-two (72) hours written notification right to assume a position, regardless of classification, for which they are qualified, which is held by the least senior bargaining unit member closest to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being daily hours that the displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) member was working For the purposes of this section displacing as described above, “Necessary skills” and “qualified” will be determined using the following definitions will applyprotocol: (1) Claim seniority – This means using ones . Administration will develop a written and or performance based test for each position/classification. The test will be administered to the employee and graded by the administration. The association president may review the completed and graded test. 2. The member wishing to displace another member will provide a resume, outlining their qualifications for the position they wish to displace. 3. The administration may choose to conduct an interview with the person wishing to displace another employee. The Association president may observe the interview. D. The use of bargaining unit seniority to take the position of displace another employee with less senioritymust be exercised within three days of receipt of notification of layoff or displacement, whichever is applicable, or the right is forfeited. (2) Hours – This means E. Laid off bargaining unit members shall be recalled after any displaced and/or currently employed members have had the number of hours worked per weekopportunity to fill any vacancies.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. It is specifically recognized that it is within the sole discretion of the Board to reduce its educational program, curriculum and/or staff and that the procedures set forth in this article shall be used in laying off personnel. Both the Employer and the Union agree to discuss possible cuts in hours and/or staff before any action is taken. B. Layoff shall be defined as a reduction in the work forceforce beyond normal attrition due to a lack of funds or a change in program. B. Except in unusual circumstancesC. In the event of layoff involving the termination of positions, no employee the following procedure shall be laid off pursuant followed: The employer shall identify the specific position(s) to a reduction in the work force unless said employee be eliminated and shall have been notified of said layoff in writing notify, at least fifteen sixty (1560) business days prior to the effective date of the layoff, except in the cases of emergency, but in no case less than two (2) weeks, the employee(s) in those position(s). The employee(s) in the affected position(s) shall have the right to: the position of someone who is less senior holding a position in the same classification as the affected employee, bid on another posted position, become laid off. Any and all employees displaced by provision 2 above shall have the same rights as long as there are less senior employees within that classification. An employee being affected by a layoff who finds no position remaining in the classification, has the right to displace the least senior employee in another classification providing the employee is qualified and has more seniority than the employee being displaced. An employee shall be deemed qualified if he/she meets the minimum posted requirements for the position or if he/she has worked in the classification for four (4) weeks or more. In no case shall a new employee be employed by the employer while there are laid off bargaining unit members who are qualified for a vacant or newly created position. C. D. In the event of a layoff, the employer and the Union may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of the layoff. Such waiver, if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority or any other right under the contract including the bargaining unit member’s right to be recalled from such layoff. E. There shall be no reduction in the normal work hours provided for any bargaining unit member or position without prior discussion with the Union. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within hours in a classification, and no position is available bargaining unit members with the greater seniority may use same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction normal work schedule by displacing bargaining unit members with less seniority in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applysame classification. In no case shall a reduction in of any employeebargaining unit member’s work hours take effect until the employer has given seventy-two ten (7210) hours days after written notification notice to the affected bargaining unit member(s) is given by the employer. No employee’s hours of work shall be increased while another employee in that classification is laid off. 1F. Laid off employees may continue their health, dental and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the employer as provided for in the COBRA law. G. Laid off employees shall be recalled in reverse order of layoff to any position for which they are qualified. ParaprofessionalsAny employee who has served more than thirty (30) days in a classification shall be deemed qualified for any position in that classification. (a) Whenever a paraprofessional is being displaced H. Notices of recall shall be sent by certified or registered mail to the parties will meet last known address as soon as possible to discuss shown on the situation employer’s records. The recall notice shall state the time and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of date on which the employee will is to report back to work. It shall bet the employee’s responsibility to keep the employer notified as to his/her current mailing address. A recalled employee shall be discussedgiven at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The employer may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights and be classified as resigned. (b) For the purposes I. Refusal or acceptance of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority a position that is not equivalent in time to take the position of another employee with less senioritypreviously held shall not affect an employee’s recall rights. J. Employees on layoff shall retain their seniority for purpose of recall for period of two (2) Hours – This means years. Any employee on layoff for more than two year shall lose his/her seniority and any further rights under this Agreement and classified as resigned. The Board and the number Union agree to the following with regard to the articles on Seniority, Vacancies, Promotions and Transfers, and Reduction in Personnel: If hours are added to any position within a classification, they shall be offered first to the most senior member who is not full-time. The complete bumping process shall take place within the 60 day period allowed for notification of hours worked per weeklay-off, or in the cases of emergency, the time period that is available.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 13.1 The College may make adjustments in staffing for appropriate reasons. Layoff shall be defined as a reduction in work force or working less hours than the work forcehour range described on the hiring posting. B. Except in unusual circumstances, no 13.2 No employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified in writing of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of the layoff. C. 13.3 If it is apparent a layoff is imminent, the Association and the College shall meet twice (2) for one (1) hour each session to identify a mutually acceptable solution. Meetings to be scheduled by the College with reasonable notice. If no such solution can be developed, the provisions below shall apply. 13.4 In the event of a reduction work force, the College shall first layoff probationary employees, then the least senior employees. In no case shall a new employee be employed by the College while there are laid off employees who are qualified for a vacant or newly created position. 13.5 Full-time employees whose positions have been eliminated due to reduction in work force or who have been affected by layoff shall have the right to assume a position for which they are qualified, according to the job description, which is held by the least senior full time/part-time employee. Part-time employees whose positions have been affected by a layoff shall have the right to assume a position for which they are qualified which is held by the least senior part-time employee. 13.6 When a member exercises bumping rights to another position, they will be deemed qualified by virtue of their qualifications and experience. Additional testing may be required if the position the member bumps into requires higher or additional testing that the member does not have on file. 13.7 If a member bumps into a lower pay band, there will be no loss in pay for that member. 13.8 A member who bumps into another position will have forty-five (45) days to learn that position. All reasonable efforts will be made to assist the member in a smooth transition. 13.9 After the scope of layoffs are established for ESP members, a list will be made and the most senior person will have a choice of whom to bump within the guidelines of the contract. For example, if three (3) full-time people are laid off, three (3) full-time least senior members will be chosen (per contract language) and the most senior member laid off will have first choice of those positions (if deemed qualified) and the next senior member chooses and so on. 13.10 The Union and the College will work collaboratively to provide job training/assistance and unemployment informational meetings for members affected by a layoff. 13.11 All employees who take a layoff will receive member and family educational benefits for a period of one school year (fall, winter, and summer semesters) from the date the layoff takes effect. 13.12 In the event of a reduction in the work forcehours in a department, a full-time employee may claim seniority over another employee for the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid offpurpose of maintaining his/her normal work schedule, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, provided he/she retains recall rights has greater seniority than the employee he/she seeks to replace. A part-time employee may claim seniority over another part-time employee for the purpose of maintaining his/her laid off job classification and any other classification in which normal work schedule, provided he/she has greater seniority than the part-time employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyhe/she seeks to replace. In no case shall a reduction in of any employee’s work hours take effect until the employer has given seventy-two College gives ten (7210) hours workdays written notification notice to the affected employeeemployee(s). In those instances, where there are several employees with less seniority, the employee with the least seniority will have his/her hours reduced. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced 13.13 Laid off employees may continue their health insurance benefits based upon the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours approval of the position, qualifications, needs carrier by paying the premium in advance per COBRA regulations. 13.14 Employees shall be recalled in order of highest seniority to any position for which they are qualified. 13.15 Employees who return to employment within one (1) year shall be placed in the student, needs same position on the wage schedule. 13.16 Notices of recall shall be sent by certified or registered mail to the district, building assignment, last known address as shown on the College’s records. A copy shall be sent to the Association. The recall notice shall state the time and desires of date on which the employee will is to report back to work. It shall be discussedthe employee’s responsibility to keep the College notified as to his/her current mailing address. A recalled employee shall be given at least five (5) workdays from receipt of notice, to notify the College of his/her intent to return to work. The College may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports to work within ten (10) workdays after notification of intent to report to work. If the College has not heard from the recalled employee within ten (10) workdays from mailing the recall notice, it may be assumed that the employee has declined the recall. (b) 13.17 For the purposes of this section the following definitions will apply: Article 13.4 and 13.5 only, full-time shall be defined as regularly assigned thirty (130) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of or more hours worked per week. Employees who work less than thirty (30) hours per week will be considered part-time for the purposes of Article 13.4 and 13.5 only.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 1. Layoff shall be defined as a reduction in the work force. B. Except in unusual circumstances, no employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified beyond normal attrition due to a lack of said layoff in writing at least fifteen (15) business days prior funds sufficient to avoid such reduction or lack of work, which is demonstrated by the Board to the effective date of Union or an impartial third party selected pursuant to the layoff. C. In the event of a reduction grievance procedure set forth in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off firstthis Agreement. 2. In the event seniored employees must of a necessary reduction in work force, the Board shall first lay off probationary bargaining unit members, then the least senior bargaining unit members. In no case shall a new employee be employed by the Board while there are laid offoff bargaining unit members who are qualified for a vacant or newly created position. Bargaining unit members whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of positions, layoff shall be on have the basis right to assume a position, regardless of seniorityclassification, for which they are qualified, which is held by a less senior bargaining unit member. 3. In the event an employee is laid off from within of a classificationlayoff, the Board and no position is available the Union may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of the layoff. With the approval of the Board and the Union, bargaining unit members may, at their discretion, without prejudice to seniority and other rights under this Agreement, waive their seniority to the employee within another classification in which instance of the laid off employee has acquired Board instituting a layoff during the period of this Agreement. Such waiver, if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and or any other classification in which right under the employee holds senioritycontract, including the bargaining unit member’s right to be recalled from such layoff. D. 4. There shall be no reduction in the normal work hours provided for any bargaining unit member or position without prior notice to the Union. In the event of a reduction twenty percent (20%) change in the work force or a permanent reduction in the work hours of a positionsenior employee, a bargaining unit member with the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s greater seniority may use same to maintain his/her normal work hours take effect until schedule by displacing the employer has given seventyregular full-two (72) hours written notification to time driver with the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less least seniority. 5. A laid off bargaining unit member shall, upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid off bargaining unit members may continue their insurance benefits by paying for such benefits at the regular monthly subscriber group rate premium to the Board under the provisions of COBRA. Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to any position for which they are qualified. Any bargaining unit member who has completed thirty (30) calendar days, shall be deemed qualified for any position in that classification. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board’s records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member’s responsibility to keep the Board notified as to his/her current mailing address. Failure to do so shall preclude the filing of any grievance or taking of any other recourse available to the bargaining unit member. A recalled bargaining unit member shall be given five (5) calendar days from receipt of notice, excluding Saturday, Sunday and holidays, to report to work. The Board may fill the position on a temporary basis until the recalled bargaining unit member can report for work provided the bargaining unit members recalled to full-time work for which they are qualified are obligated to take said work. A bargaining unit member who declines recall to full-time work for which he/she is qualified shall forfeit his/her seniority rights. A bargaining unit member on layoff shall accrue seniority only for a period of two (2) Hours – This means years after which time his/her name will be removed from the number of hours worked per weekseniority list.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 13.1 The College may make adjustments in staffing for appropriate reasons. Layoff shall be defined as a reduction in work force or working less hours than the work forcehour range described on the hiring posting. B. Except in unusual circumstances, no 13.2 No employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified in writing of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of the layoff. C. 13.3 If it is apparent a layoff is imminent, the Association and the College shall meet twice (2) for one (1) hour each session to identify a mutually acceptable solution. Meetings to be scheduled by the College with reasonable notice. If no such solution can be developed, the provisions below shall apply. 13.4 In the event of a reduction work force, the College shall first layoff probationary employees, then the least senior employees. In no case shall a new employee be employed by the College while there are laid off employees who are qualified for a vacant or newly created position. 13.5 Full-time employees whose positions have been eliminated due to reduction in work force or who have been affected by layoff shall have the right to assume a position for which they are qualified, according to the job description, which is held by the least senior full time/part-time employee. Part-time employees whose positions have been affected by a layoff shall have the right to assume a position for which they are qualified which is held by the least senior part-time employee. 13.6 When a member exercises bumping rights to another position, they will be deemed qualified by virtue of their qualifications and experience. Additional testing may be required if the position the member bumps into requires higher or additional testing that the member does not have on file. 13.7 If a member bumps into a lower pay band there will be no loss in pay for that member. 13.8 A member who bumps into another position will have forty five (45) days to learn that position. All reasonable efforts will be made to assist the member in a smooth transition. 13.9 After the scope of layoffs are established for ESP members, a list will be made and the most senior person will have a choice of whom to bump within the guidelines of the contract. For example if three (3) full-time people are laid off, three (3) full-time least senior members will be chosen (per contract language) and the most senior member laid off will have first choice of those positions (if deemed qualified) and the next senior member chooses and so on. 13.10 The Union and the College will work collaboratively to provide job training/assistance and unemployment informational meetings for members affected by a layoff. 13.11 All employees who take a layoff will receive member and family educational benefits for a period of one school year (four (4) semesters) from the date the layoff takes effect. 13.12 In the event of a reduction in the work forcehours in a department, a full-time employee may claim seniority over another employee for the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid offpurpose of maintaining his/her normal work schedule, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, provided he/she retains recall rights has greater seniority than the employee he/she seeks to replace. A part-time employee may claim seniority over another part-time employee for the purpose of maintaining his/her laid off job classification and any other classification in which normal work schedule, provided he/she has greater seniority than the part-time employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyhe/she seeks to replace. In no case shall a reduction in of any employee’s work hours take effect until the employer has given seventy-two College gives ten (7210) hours workdays written notification notice to the affected employeeemployee(s). In those instances where there are several employees with less seniority, the employee with the least seniority will have his/her hours reduced. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced 13.13 Laid off employees may continue their health insurance benefits based upon the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours approval of the position, qualifications, needs carrier by paying the premium in advance to Human Resources by the first of the student, needs current month. 13.14 Employees shall be recalled in order of highest seniority to any position for which they are qualified. 13.15 Employees who return to employment within one (1) year shall be placed in the district, building assignment, same position on the wage schedule. 13.16 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the College’s records. A copy shall be sent to the Association. The recall notice shall state the time and desires of date on which the employee will is to report back to work. It shall be discussedthe employee’s responsibility to keep the College notified as to his/her current mailing address. A recalled employee shall be given at least five (5) workdays from receipt of notice, to notify the College of his/her intent to return to work. The College may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports to work within ten (10) workdays after notification of intent to report to work. If the College has not heard from the recalled employee within ten (10) workdays from mailing the recall notice, it may be assumed that the employee has declined the recall. (b) 13.17 For the purposes of this section the following definitions will apply: Article 13.4 and 13.5 only, full-time shall be defined as regularly assigned thirty (130) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of or more hours worked per week. Employees who work less than thirty (30) hours per week will be considered part-time for the purposes of Article 13.4 and 13.5 only.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 13.1 Layoff shall be defined as a reduction in the work force. B. Except in unusual circumstances, no employee shall be laid off pursuant to a reduction in the work force unless said beyond attrition, due to a lack of funds, enrollment losses, or such other condition requiring a reduction, as determined by the Board of Education. 13.2 Bargaining unit members shall receive a minimum notice of thirty (30) working days of impending layoff. In the event of a layoff, probationary employees within affected job classifications shall be laid off first, followed by bargaining unit members with the least seniority, until the necessary reduction is completed. In no case shall a new employee shall have been notified be employed by the Employer while there are laid off employees within the job classification of said layoff the laid off employee. The Board reserves the right to determine affected classifications. Members facing layoff, who are determined by the Board to possess the necessary qualifications for positions in writing at least fifteen (15) business days prior to the effective date of other job classifications, may displace a less senior unit member in such other job classification not affected by the layoff. C. 13.3 Upon mutual written agreement of the employee and the Board, individual seniority rights may be waived for the purpose of accepting a voluntary layoff. If such an agreement is reached, the following form shall be used: The undersigned hereby agrees to waive his/her seniority for purposes of the Posen School District impending institution of a layoff under the Agreement. This waiver is given, however, without prejudice to the assertion of seniority for all other purposes contained in the Agreement, including recall rights and other contractual privileges or benefits conferred under the Agreement. This waiver pertains solely to the order in which said bargaining unit member might be laid off during the period of this Agreement. Date Signature Bargaining Unit member Date Signature Association Representative Date Signature Employer Representative 13.4 There shall be no reduction in the normal work hours provided for any bargaining unit member or position without prior notification of the Association. In the event of a reduction in the work forcehours in a department, bargaining unit members with the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available greater seniority may use same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in normal work schedule by displacing bargaining unit members with less seniority on the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyschedule. In no case shall a reduction in of any employee’s bargaining unit member's work hours take effect until the employer has given seventy-two twenty (7220) hours calendar days after written notification notice to the affected employeebargaining unit member(s) is given by the Employer. 113.5 A laid off bargaining unit member shall be granted priority status on the substitute list according to his/her seniority. Paraprofessionals Laid off bargaining unit members may continue their health, dental and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer after the first thirty (a30) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number days of hours of the positionsuch layoff, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee during which time all fringe benefits will be discussedcontinued by the Employer. Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to any position for which the Board determines they are qualified. 13.6 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given five (b5) For working days from receipt of notice to acknowledge his/her intent, in writing, to the purposes of this section Board. The Employer may fill the following definitions will apply: position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within the five (15) Claim seniority – This means using ones seniority day period. Bargaining unit members recalled to full-time work for which they are qualified are obligated to take said work. A bargaining unit member who declines recall to full-time work for which he/she is qualified shall forfeit his/her seniority rights. Bargaining unit members on layoff shall not accrue seniority during the position period of another employee with less senioritysuch layoff. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 12.1 Layoff shall be defined as a necessary reduction in the work force, beyond normal attrition due to a shortage of funds or decrease of work. B. Except in unusual circumstances, no employee 12.2 No Paraprofessional shall be laid laid-off pursuant to a necessary reduction in the work force unless said employee shall have paraprofessional has been notified of said layoff in writing at least fifteen twenty (1520) business calendar days prior to the effective date of the such layoff. C. In 12.3 The Board shall first layoff probationary paraprofessionals, then the event of a reduction least seniored employees in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyWWAP. In no case shall a reduction new paraprofessional be hired by the Board while there are laid off paraprofessionals unless they have been offered the position in any employee’s work hours take effect until question or the employer has given seventyparaprofessional does not qualify for it. 12.4 A paraprofessional who is laid off or on parental leave, general purpose leave, extended health leave, approved non-two (72) hours written notification pay status may continue at her own expense, the insurance coverage at 102% of the group premium rate, if permitted by the insurance carrier. The group premium rate and the 2% service fee shall be payable to the affected employeeXxxxx-Westland Community Schools, commencing the first month the paraprofessional's insurance coverage paid by the Board shall cease and at one month intervals thereafter. Payments are due in the Insurance Office no later than the 20th of each month preceding the month of coverage. Failure to have the check in the Insurance Office by the 20th of each month may result in the cancellation of the insurance. 112.5 Notice of recall will be sent by certified or registered mail to the paraprofessional's last known address. Paraprofessionals (a) Whenever a Such notice will state the place, time and date on which the paraprofessional is being displaced to report to work. It is the parties employee's responsibility to keep the Human Resources Department notified as to her current mailing address. A paraprofessional will meet as soon as possible have five (5) calendar days to discuss accept recall. The Board may fill the situation position in the meantime. Paraprofessionals recalled to work are obligated to take said work. A paraprofessional who declines or who fails to respond within five (5) days of notice of recall shall forfeit her seniority rights and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussedterminated. (b) For the purposes 12.6 A paraprofessional on layoff will retain recall rights for a period of this section the following definitions will apply: one (1) Claim year, if their accumulated seniority – This means using ones is one (1) year or less at the time of layoff. If their accumulated seniority at time of layoff is over one (1) year they will have recall rights for a period of time up to take the position amount of another accumulated seniority. In no event, however, will recall rights exceed three (3) years. Any employee with less seniorityon layoff who exceeds these timelines shall lose her seniority and any further rights under this Agreement. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. In the event a layoff situation develops, the Board will decide the reduction or elimination of positions within the various classifications, and agrees that the procedure will be as follows: A. Layoff shall The Association will be defined as a reduction in given not less than five (5) days notice of intent to lay off and will be given the work forceopportunity to immediately discuss the circumstances with the employer. B. Except in unusual circumstances, no An employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing given at least fifteen (15) business days prior notice of layoff. Employees subsequently displaced, if any, shall be notified of such displacement as soon as practicable but not less than one working day after the more senior employee has exercised the right to the effective date of the layoffdisplace. C. In any reduction of staff, an employee will be provided the opportunity to use bargaining unit seniority as follows: 1. First, to displace the least senior person on any shift in the same classification with the same or as close to the same hours as possible, provided: a. the employee possesses the necessary ability to perform the work adequately, with minimal instruction and b. the employee displaced is junior in bargaining unit seniority. 2. Second, in the event the member is unable to displace another in the same classification, to displace the least senior person in the bargaining unit with the same or as close to the same hours as possible, provided: a. the employee possess the necessary ability to perform the work adequately, with minimal instruction and b. the employee displaced is junior in bargaining unit seniority. c. a bargaining unit member who is displaced from his/her regular classification due to layoff, shall retain bidding rights by district seniority for his/her classification from which they were displaced. 3. Any employee who is displaced may use bargaining unit seniority in the same manner as provided in 1. and 2. above. D. Upon notification of layoff or displacement, the employee will be advised as to the position under 1., 2., or 3. above to which displacement rights may be exercised. E. The use of bargaining unit seniority to displace another employee must be exercised within three days of receipt of notification of layoff or displacement, whichever is applicable, or the right is forfeited. F. Laid off bargaining unit members shall be recalled after any displaced and/or currently employed members have had the opportunity to fill any vacancies. G. Laid-off bargaining unit members shall be recalled in accordance with seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided they have the ability and are able to perform the duties of the job that is open. H. When recalling laid-off bargaining unit members, the School District will notify them by certified mail at the last known address. If such bargaining unit member does not notify the School District within ten (10) working days of receipt of such notice, or within ten (10) working days of notification from the post office that said notice is undeliverable, that he/she will report to work on the date specified, or give a legitimate reason, as determined by the superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. I. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within hours in a classification, and no position is available bargaining unit members with the greater seniority may use same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction normal work schedule by displacing bargaining unit members with less seniority in the work force or a permanent reduction in same classification on the work hours of a position, the procedures regarding displacement rights described below shall applyschedule. In no case shall a reduction in of any employee’s bargaining unit member's work hours take effect until the employer has given seventy-two ten (7210) hours work days after written notification notice to the affected employeebargaining unit member(s) is given by the employer. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Employment & Human Resources

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall Except as set forth in section C-1, a layoff will be defined as a reduction in the number of bargaining unit employees or a reduction of one (1) or more work forcehours per day in a position in a fiscal year (July 1 to June 30). The official record of hours reductions will be jointly maintained by the Association President and the Superintendent or his designee. Prior to implementing any layoffs, the Board will meet with the Union. If, as a result of the meeting, there is to be reductions of one (1) or more hours per day in a position, it is agreed as follows: 1. The Association President or the President’s designee will attempt to contact the employee within three (3) business days of the meeting (one business day if meeting is during the school year) in order to ascertain the employee’s interest in accepting the reduction in hours and remaining in their current position. 2. If the employee wishes to remain in their current position, the employee must notify the Director of Finance, in writing, of their election within one (1) business day of being contacted by the Association President or the President’s designee. If the employee is momentarily not able to provide the notice in writing, the employee may verbally confirm their interest and will follow-up in writing. 3. If no notice is received or the President or President’s designee is not able to contact the employee, it will be assumed the employee will be exercising displacement rights under Section C. 4. The waiver of Displacement Rights by the employee does not apply to further reductions in hours in the future. B. Except in unusual circumstances, no No employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of the layoff, or, when such thirty (30) calendar day notice is not possible due to circumstances beyond the control of the Board, at the earliest possible date. C. 1. With the exception of the reduction of hours of Title 1 paraeducators during the summer prior to the annual assignment meeting (See Article 14-G), the following procedures will be utilized: (a) Probationary employees in affected positions within the affected classification(s) within the affected seniority division will be laid off first provided non- probationary employees within the affected classification(s) are qualified to do the remaining work. (b) A non-probationary employee who is laid off as defined in Section A above, reduced in hours or in a position being eliminated will be assigned based upon seniority (as defined in Article 12) to another position in the following sequential order provided the employee is qualified: (1) To a vacancy within the employee’s current classification within the division that has more or the same number of work hours per week. (2) In the event of the employee is unable to retain a reduction in position within the work forceclassification under section 1 above, the reduction procedure shall employee will be applied assigned to a vacancy in another classification within each classification as follows: 1. Probationary employees shall be laid off firstthe division that has more or the same number of work hours per week. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. (3. In the event an employee is laid off from within a classification, and ) If no position is available under Sections 1 and 2 above, the employee will be assigned to a vacancy in the same classification within the division that has as close as possible but not less than seventy-five (75) percent of the daily number of work hours per week of the employee prior to the time of the reduction. (4) In the event the employee is unable to retain a position within the classification under sections 1-3 above, the employee will be assigned to a vacancy in another classification within the division that has as close as possible but not less than seventy-five (75) percent of the weekly work hours than the employee had prior to the reduction. (5) If no vacancy is available under sections 1-4 above, the employee will displace the least seniored employee within the same classification in the division that has the same number of work hours or more per week. (6) If no position is available under sections 1-5 above, the employee will displace the least seniored employee within another classification within the division that has the same number of work hours or more per week. (7) In the event the employee is unable to retain a position within the classification under sections 1-6 above, the employee will displace the least seniored employee within the same classification within the division that has as close as possible but not less than seventy-five (75) percent of the weekly work hours than the employee had prior to the reduction. (8) If no position is available under sections 1-7 above, the employee will displace the least seniored employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until the employer has given division who works as close as possible but not less than seventy-two (72) hours written notification to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 12.1 Layoff shall be defined as a reduction in the work forceforce deemed necessary by the Employer. No existing position will be eliminated and then posted as more than one (1) position. B. Except in unusual circumstances, no 12.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen seven (157) business work days prior to the effective date of the layoff. C. 12.3 In the event of a necessary reduction in the work force, the reduction procedure Employer shall first layoff probationary employees in the affected classification (See Article 9.3.A), then the least senior employees in that classification. In no case, shall a new employee be applied within each employed by the Employer while there are laid off employees who are qualified for a vacant or newly- created position. An employee laid off from his/her classification may bump the least seniored employee with similar hours in a classification in which he/she has accrued seniority, as follows:long as he/she has more seniority in that classification than the person he/she seeks to bump. 112.4 A laid off employee substituting in a classification where the employee has seniority, will receive the regular rate of pay for the classification. Probationary No other rights, benefits or entitlements will accrue or apply. Laid off employees may continue their health, dental and life insurance benefits through COBRA after the first sixty (60) calendar days. During this period the employee will be responsible for their share of any medical benefit plan costs under PA 152. These amounts will be deducted from their final check. 12.5 Vacancies will be posted under Article 13 before instituting the recall procedures set forth in 12.5. Laid off employees shall be laid off recalled in order of seniority, with the most senior being recalled first. 2, to any position within a classification where the employee has accrued seniority and for which they are qualified. In the event seniored employees must be laid off, layoff Notices of recall shall be sent by certified or registered mail to the last known address as shown on the basis of seniority. 3Employer's records. In The recall notice shall state the event an employee is laid off from within a classification, time and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in date on which the employee has no seniorityis to report back to work. Should It shall be the employee secure such a posted vacancy, he/she retains recall rights employee's responsibility to keep the Employer notified as to his/her laid off job classification and any other classification in current mailing address. A recalled employee shall be given fifteen (15) calendar days from receipt of notice, to return to work. The Employer may fill the position on a temporary basis with a substitute until the recalled employee can report. Employees who are recalled are obligated to accept the position if the position has at least the same number of work hours from which the employee holds seniority. D. In was laid off. An employee who declines such a recall shall forfeit all recall rights. Acceptance or refusal of recall to a position which is lower in pay and/or benefits than the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until the employer has given seventy-two (72) hours written notification to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of position from which the employee will be discussedwas laid off shall not affect his/her rights to recall to an equivalent position. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be defined as a necessary reduction in the work forceforce beyond normal attrition. B. Except in unusual circumstances, no employee No bargaining unit member shall be laid off pursuant to a necessary reduction in the work force unless said employee bargaining unit member shall have been notified of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of layoff. The Board reserves the right to pay the employee for the 30 calendar days in lieu of giving advance notice of lay off. In the event of a necessary reduction in work force the Employer shall identify the specific position(s) to be eliminated and shall notify the bargaining unit member(s) in those positions. Bargaining unit members whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of position, shall have the right to assume a position in their classification(s) for which they are qualified, which is held by a less senior bargaining unit member. In no case shall a new employee be employed by the Employer while there are laid off bargaining unit members who are qualified for a vacant or newly-created position. C. In the event of a layoff, the Employer and Union may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of voluntary layoff. With the approval of the Employer and the Union, bargaining unit members may, at their option, without prejudice to seniority and other rights under the Agreement, waive their seniority in the instance of the Employer instituting a layoff during the period of this Agreement. If an employee opts for voluntary layoff, the employee may not exercise seniority rights to bump a less senior employee prior to recall within the classification. Such waiver, if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority or any other right under the contract including the bargaining unit member's right to be recalled from such layoff. Seniority shall not accumulate during periods of layoff. Whenever possible, there shall not be reduction in the normal work hours provided for any bargaining unit member or position without prior discussion with the Union. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within hours in a classification, bargaining unit members with the greater qualifications and no position is available seniority may use the same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in normal work schedule by displacing bargaining unit members with less seniority on the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyschedule. In no case shall a reduction in of any employee’s bargaining unit member's work hours take effect until the employer has given seventy-two ten (7210) hours work days after written notification notice to the affected employeebargaining unit member(s) is given by the Employer. D. A laid off bargaining unit member shall, upon application be granted priority status on the substitute list according to his/her seniority. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the positionLaid off bargaining unit members may continue their health, qualifications, needs of the student, needs of the district, building assignmentdental, and desires life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer, in compliance with the COBRA provisions. 2. Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to a position for which they are qualified within their current or former classification. Any bargaining unit member who has served more than forty-five (45) working days in a classification, in the past 3 years, shall be deemed qualified for that position in that classification. 3. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her current mailing address. 4. A recalled bargaining unit member shall be given five (5) calendar days from receipt of notice, excluding Saturday, Sunday, and holidays, to report to work. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report to work providing the bargaining unit member reports within the five (5) day period. Bargaining unit members who decline recall or fail to respond to recall to an equivalent position in time held prior to being laid off for which he/she is qualified shall forfeit his/her recall and seniority rights. Employees (hired prior to July 1, 2008) shall be entitled to recall for up to four (4) years. However, after two years, the employee will must provide written notice by July 1 of each year of their desire to remain on the recall list. Employees hired after July 1, 2008 shall be discussedentitled to recall for the length of their seniority or up to 3 years but with no recall rights in probationary period. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 13.1 The College may make adjustments in staffing for appropriate reasons. Layoff shall be defined as a reduction in work force or working less hours than the work forcehour range described on the hiring posting. B. Except in unusual circumstances, no 13.2 No employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified in writing of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of the layoff. C. 13.3 If it is apparent a layoff is imminent, the Association and the College shall meet twice (2) for one (1) hour each session to identify a mutually acceptable solution. Meetings to be scheduled by the College with reasonable notice. If no such solution can be developed, the provisions below shall apply. 13.4 In the event of a reduction work force, the College shall first layoff probationary employees, then the least senior employees. In no case shall a new employee be employed by the College while there are laid off employees who are qualified for a vacant or newly created position. 13.5 Full-time employees whose positions have been eliminated due to reduction in work force or who have been affected by layoff shall have the right to assume a position for which they are qualified, according to the job description, which is held by the least senior full time/part-time employee. Part-time employees whose positions have been affected by a layoff shall have the right to assume a position for which they are qualified which is held by the least senior part-time employee. A full-time employee whose position has been eliminated due to reduction in work force or who has been affected by a layoff shall also have the right to assume a part-time position for which he/she is qualified which is held by the least senior part-time employee if the full-time employee has greater seniority than the least senior part-time employee. 13.6 When a member exercises bumping rights to another position, they will be deemed qualified by virtue of their qualifications and experience. Additional testing may be required if the position the member bumps into requires higher or additional testing that the member does not have on file. 13.7 If a member bumps into a lower pay band, there will be no loss in pay for that member. 13.8 A member who bumps into another position will have forty-five (45) days to learn that position. All reasonable efforts will be made to assist the member in a smooth transition. 13.9 After the scope of layoffs are established for ESP members, a list will be made and the most senior person will have a choice of whom to bump within the guidelines of the contract. For example, if three (3) full-time people are laid off, three (3) full-time least senior members will be chosen (per contract language) and the most senior member laid off will have first choice of those positions (if deemed qualified) and the next senior member chooses and so on. 13.10 The Union and the College will work collaboratively to provide job training/assistance and unemployment informational meetings for members affected by a layoff. 13.11 All employees who take a layoff will receive member and family educational benefits for a period of one school year (fall, winter, and summer semesters) from the date the layoff takes effect. 13.12 In the event of a reduction in the work forcehours in a department, a full-time employee may claim seniority over another employee for the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid offpurpose of maintaining his/her normal work schedule, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, provided he/she retains recall rights has greater seniority than the employee he/she seeks to replace. A part-time employee may claim seniority over another part-time employee for the purpose of maintaining his/her laid off job classification and any other classification in which normal work schedule, provided he/she has greater seniority than the part-time employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyhe/she seeks to replace. In no case shall a reduction in of any employee’s work hours take effect until the employer has given seventy-two College gives ten (7210) hours workdays written notification notice to the affected employeeemployee(s). In those instances, where there are several employees with less seniority, the employee with the least seniority will have his/her hours reduced. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced 13.13 Laid off employees may continue their health insurance benefits based upon the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours approval of the positioncarrier by paying the premium in advance per COBRA regulations. 13.14 Employees shall be recalled in order of highest seniority to any position for which they are qualified. 13.15 Employees who return to employment within one (1) year shall be placed in the same position on the wage schedule. 13.16 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the College’s records. A copy shall be sent to the Association. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee’s responsibility to keep the College notified as to his/her current mailing address. A recalled employee shall be given at least five (5) workdays from receipt of notice, qualificationsto notify the College of his/her intent to return to work. The College may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports to work within ten (10) workdays after notification of intent to report to work. If the College has not heard from the recalled employee within ten (10) workdays from mailing the recall notice, needs it may be assumed that the employee has declined the recall. The only exception to this will be when the employee can demonstrate inability to receive, or respond to, the recall notice because of the studentillness/hospitalization. In these instances, needs of the district, building assignment, and desires of the employee will be discussedremain eligible for the next available position. Full-time employees recalled to full-time work for which they are qualified are obligated to take said work. Part-time employees recalled to part-time work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights and rights to recall. Employees on layoff shall retain their seniority for purpose of recall for a period of one (1) year. Any employee on layoff for more than one (1) year shall lose his/her seniority and any further rights under this Agreement. (b) 13.17 For the purposes of this section the following definitions will apply: Article 13.4 and 13.5 only, full-time shall be defined as regularly assigned thirty (130) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of or more hours worked per week. Employees who work less than thirty (30) hours per week will be considered part-time for the purposes of Article 13.4 and 13.5 only.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 11.1 Layoff shall be defined as a reduction in the work force. B. Except in unusual circumstances, no employee shall be laid off pursuant to a reduction in size of the work force unless said employee shall have been notified of said layoff in writing at least fifteen (15) business days prior to the effective date of the layoffor program. C. In the event of a reduction 11.2 When layoff occurs, probationary employees in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first, and then those employees with the least seniority in the classification shall be laid off. 2. A. Layoff and recall shall be based upon seniority within the classification, secondly within the unit. B. Layoff notice shall be ten (10) business days in advance of the layoff during the school year, and ten (10) business days in advance of the layoff during the summer break period. 11.3 Recall will be inverse to the order of layoff. 11.4 There shall be no new employees hired in a classification until all laid-off employees in that specific classification have been offered and given an opportunity to accept recall. 11.5 In the event seniored any bargaining unit classification has laid-off employees, no other employees must be laid off, layoff outside the classification shall be on the basis of seniorityused to fill such position until all such laid-off employees have been offered and given an opportunity to accept recall. 311.6 The Employer will give preference to employees on layoff status to act as substitutes at substitute rates, provided they so indicate their desire to do so in writing by classification filed with the Superintendent's office upon receiving layoff notice. In Otherwise, the event an employee is laid off from within Employer shall be free to use its regular pool of substitutes. 11.7 Employees who receive a classification, and no position is available layoff notice shall be allowed to the employee within another bump in any classification in which they have seniority. Any employee on layoff status will be given first preference as a substitute in another classification of his/her choice, provided he/she has the laid off employee has acquired seniority because of relative seniority qualifications and shall be given first preference for a regularly scheduled job opening. All reductions in the workforce shall be with the least seniored employees in that classification, . 11.8 Notice of recall shall be sent by certified or registered mail to the laid off employee last known address as shown on the Employer's records. A copy of the notice of recall will be provided to the Association president. The recall notice shall have state the opportunity to make application for posted vacancies in classifications in time and date on which the employee has no seniorityis to report back to work. Should It shall be the employee secure such a posted vacancy, he/she retains recall rights employee's responsibility to keep the Employer notified as to his/her laid off job classification current mailing address. A recalled employee shall be given five (5) calendar days from receipt of notice (excluding Saturday, Sunday and any other classification holidays) to report to work unless the recalled employee is working elsewhere, in which case the employee holds seniorityshall have fourteen (14) calendar days to report to work. The Employer may fill the position on a temporary basis until the recalled employee can report to work. Failure to report within the timelines defined above shall be considered a voluntary resignation. Exceptions may be made by mutual agreement between the Association and the Employer. D. In 11.9 Employees on layoff shall accrue seniority during the event period of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until the employer has given seventy-two (72) hours written notification to the affected employeesuch layoff. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Master Agreement

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REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 1. Layoff shall be defined as a necessary reduction in the work forceforce beyond normal attrition. B. Except in unusual circumstances, no 2. No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of the layoff. C. 3. In the event of a necessary reduction in work force, the Board shall first lay off probationary employees, then the least seniored employees in each classification. In no case shall a new employee be employed by the Board while there are laid off employees who are qualified for a vacant or newly-created position. 4. Employees whose positions have been eliminated in a classification due to reduction in work force or who have been affected by a layoff shall have the right to assume a position for which they are qualified, which is held by the least senior employee in that classification whose hours are within fifteen (15) minutes of the affected employee. 5. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within hours in a classification, and no position is available to an employee may claim seniority over another employee for the employee within another classification in which the laid off employee has acquired seniority because purpose of relative seniority in that classificationmaintaining his/her normal work schedule, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, provided he/she retains recall rights to his/her laid off job has greater classification and any other classification in which seniority than the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyhe/she seeks to replace. In no case shall a reduction in of any employee’s 's work hours take effect until the employer has given seventy-two Board gives ten (7210) hours work day written notification notice to the affected employeeemployee(s). 1. Paraprofessionals (a) Whenever A. Laid-off secretaries shall have the right to assume a paraprofessional is being displaced the parties will meet position as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussedan aide provided they have more seniority provided they are qualified. (b) For B. Laid-off clerks shall have the purposes of this section right to assume a position as an aide provided they have more seniority provided they are qualified. C. Laid-off aides shall have the following definitions will apply:right to assume a position as a Lunchroom Assistant provided they are qualified. (1) Claim seniority – This means using ones seniority D. Lunchroom Assistants shall not have the right to take assume the position of another employee with less senioritythe least senior aide; however, they shall have the right to apply for any vacancy for the provisions of Section D provided they are qualified. 7. A laid-off employee shall upon application, and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid-off employees may continue their fringe benefits by paying the regular monthly per subscriber group rate premium for such benefits directly to the respective carrier(s) subject to the limitations of those carrier(s). 8. Laid-off employees may be recalled in reverse order of layoff to any position for which they are qualified. Temporary employees are paid at the lowest step of the classifications without any benefits as spelled out in the Contract. Laid off employees shall be recalled, if qualified, to fill a temporary vacated position. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled employee shall be given at least five (25) Hours – This means calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the number position on a temporary basis until the recalled employee can report for work providing the employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights. 9. Employees on layoff shall retain their seniority for purpose of hours worked per weekrecall for a period of 1 year.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be defined as a reduction in 9.1 If the work force. B. Except in unusual circumstances, no employee shall be laid off pursuant to Employer feels a reduction in the work force unless said is necessary, the Employer shall follow the procedure outlined below. 9.2 The Union shall have the right to review the layoff list prior to notification of the Union members to be laid-off. An employee to be laid off shall have been notified of said layoff in writing at least fifteen twenty (1520) business calendar days prior to the effective date of the layoff. C. 9.3 For the purposes of this Article qualified shall be defined to mean any employee who meets the qualifications required by the Employer as posted for the classification. Any employee who is placed in a new classification due to job elimination or seniority will be given sixty (60) days to show they are qualified for the new classification. 9.4 In the event of a necessary reduction in the work force, the reduction procedure Employer shall be applied first lay off the least seniored employees, within each the classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applybeing reduced. In no case shall a new employee be hired while there are laid off employees who are qualified for a vacant or newly-created position. 9.5 An employee whose position has been eliminated due to reduction in any employee’s work force or who has been affected by a layoff shall have the right to displace (bump) the position within his/her classification held by the least seniored employee with like hours take effect until the employer has given seventy-two (72) hours written notification to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional and benefits, provided he/she is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of qualified for the position. If the least senior position is a “shared” position, qualificationsthe employees sharing the position will both be “bumped” in order for a more senior person to maintain their like benefits and hours. An employee who is unable to secure a job on the basis of classification seniority may, needs on the basis of the studentbargaining unit seniority, needs of the district, building assignment, and desires of displace (bump) the employee with the least bargaining unit seniority with like hours and benefits on a job for which he/she is qualified. A bargaining unit member under the provisions of this paragraph shall be considered qualified if he/she can demonstrate he/she meets the minimum requirements in the job description for the position. Displaced employee by job reduction or elimination will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority allowed to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.bump pursuant to Article

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 1. Layoff shall be defined as a necessary reduction in the work forceforce beyond normal attrition due to a shortage of funds. B. Except in unusual circumstances, no 2. No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen thirty (1530) business calendar days prior to the effective date of the layoff. C. 3. In the event of a necessary reduction in work force, the Board shall first lay off probationary employees, then the least seniored employees in each classification. In no case shall a new employee be employed by the Board while there are laid off employees who are qualified for a vacant or newly-created position. 4. Employees whose positions have been eliminated in a classification due to reduction in work force or who have been affected by a layoff shall have the right to assume a position for which they are qualified, which is held by the least seniored employee in that classification whose hours are within fifteen (15) minutes of the affected employee. 5. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within hours in a classification, and no position is available to an employee may claim seniority over another employee for the employee within another classification in which the laid off employee has acquired seniority because purpose of relative seniority in that classificationmaintaining his/her normal work schedule, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, provided he/she retains recall rights to his/her laid off job has greater classification and any other classification in which seniority than the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyhe/she seeks to replace. In no case shall a reduction in of any employee’s 's work hours take effect until the employer has given seventy-two Board gives ten (7210) hours work day written notification notice to the affected employeeemployee(s). 1. Paraprofessionals (a) Whenever A. Laid-off secretaries shall have the right to assume a paraprofessional is being displaced the parties will meet position as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussedan aide provided they have more seniority. (b) For B. Laid-off clerks shall have the purposes of this section right to assume a position as an aide provided they have more seniority. C. Laid-off aides shall have the following definitions will apply:right to assume a position as a Lunchroom Assistant. (1) Claim seniority – This means using ones seniority D. Lunchroom Assistants shall not have the right to take assume the position of another the least senior aide; however, they shall have the right to apply for any vacancy for the provisions of Section D. 7. A laid-off employee with less shall upon application, and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid-off employees may continue their fringe benefits by paying the regular monthly per subscriber group rate premium for such benefits directly to the respective carrier(s) subject to the limitations of those carrier(s). 8. Laid-off employees shall be recalled in reverse order of layoff to any position for which they are qualified. Any employee who has served more than ninety (90) consecutive calendar days in a classification shall be deemed qualified for any position in that classification except those employees temporarily employed under provisions of Article 6, Section D, Paragraph 6. Temporary employees are paid at the lowest step of the classifications without any benefits as spelled out in the Contract. Laid off employees shall be recalled, if qualified, to fill a temporary vacated position. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights. 9. Employees on layoff shall retain their seniority for purpose of recall for a period of two (2) Hours – This means the number of hours worked per weekyears. Any employee on layoff for more than two years shall lose his/her seniority and any further rights under this Agreement.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be defined as a necessary reduction in the work forceforce beyond normal attrition due to economic needs of the District, or decrease of work. B. Except in unusual circumstances, no No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen ten (1510) business work days prior to the effective date day of the layoff. C. In the event of a necessary reduction in the work force, the reduction procedure Employer shall first lay off probationary employees, then the least seniored employees within the affected department, provided there are more senior employees qualified to do the re- maining work. In no case shall a new employee be applied within each classification as follows: 1. Probationary employees shall be employed by the Employer while there are laid off firstemployees who are qualified for a vacant or newly-created position. 2. In the event seniored employees must be laid off, D. Employees whose positions have been eliminated due to reduction in work force or who have been affected by a layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity right to make application assume a position for posted vacancies in classifications in which they are qualified, which is held by the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniorityleast seniored employee. D. E. In the event of a reduction in the work force or hours in a permanent reduction in department, an employee may claim seniority over another employee for the purpose of maintaining his/her normal work hours schedule, provided he/she has greater departmental seniority than the employee he/she seeks to replace. Notice of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s hours shall be provided ten (10) work hours take effect until the employer has given seventy-two (72) hours written notification days prior to the affected employeeeffective date of such reduction. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignmentF. A laid-off employee shall upon application, and desires of at his/her option, be granted priority status on the employee will be discussedsubstitute list according to his/her seniority. Laid off employees may continue their health, dental and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer, subject to the underwriter's rules and regulations. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones G. Employees shall be recalled in inverse order to their district seniority to take the position of another any posi- tion for which they are qualified. Any employee with less seniority. (2) Hours – This means the number of hours worked per week.who has served more than thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. I 13.1 Layoff shall be defined as a reduction in the work forceworkforce deemed necessary by the Board. No,existing position will be eliminated and then filled with more than one (1) employee. B. Except in unusual circumstances, no employee 13.2 No bargaining unit member shall be laid off pursuant to a necessary reduction in the work force unless said employee bargaining unit member shall have been notified of said layoff in writing at least fifteen ten (1510) business work days prior to the effective date of the layoff. C. 13.3 In the event of a necessary reduction in the work force, the reduction procedure Employer shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In first layoff probationary bargaining unit members in,the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a affected classification, and no position is available to then the employee within another classification in which the laid off employee has acquired seniority because of relative seniority least senior bargaining unit members in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a new employee be employed by the Employer while there are laid off bargaining unit members who are qualified for a vacant or newly-created position. Bargaining unit members whose positions have been eliminated due to reduction in any employee’s work hours take effect until force or who have been affected by a layoff/elimination of I I MAYVILLE ESP 2000-2002 Contract I I position shall have the employer right to assume a positionI in their classification, for which they are qualified, which is held by a less senior bargaining unit member. A bargaining unit member laid off from his/her classification may bump the employee with the least seniority in a classification in which he/she has given seventy-two (72) hours written notification accrued seniority, as long as he/she has more seniority in that classification than the person he/she seeks to bump. I I 13.4 A laid off bargaining unit member shall, upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid off bargaining unit members may continue their health, dental and life insurance benefits by paying the regular monthly subscri,ber group rate premium for such benefits to the affected employee. 1Employer after the first sixty (60) calendar days of such layoff, during which time all fringe benefits will be continued by the Employer. Paraprofessionals (a) Whenever a paraprofessional is being displaced If the parties will meet as soon as possible to discuss layoff occurs during the situation and will generally follow the guidelines below. At the meeting the number of hours middle of the positionmonth, qualifications, needs upon expiration of the student, needs of the district, building assignment, and desires of sixty (60) days the employee will be discussedresponsible for 1/2 month's premium to maintain coverage for that last month. 13.5 Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to any position for which they are qualified. I I Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given fifteen (b15) For the purposes calendar days from receipt of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority notice, excluding Saturday, Sunday and holidays, to take return to work. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within the fifteen (15) day period. I Bargaining unit members recalled to full time work for which they are qualified I that are of another employee with less seniorityequal or greater pay and eligibility for insurance benefits are obligated to accept the position. A bargaining unit member who declines such a recall shall forfeit all recall rights. Bargaining unit members on layoff shall accrue seniority during the period of such layoff. Acceptance or refusal of recall to a position which is lower in pay and/or benefits than the position from which the bargaining unit member was laid off shall not affect his/her rights to recall to an equivalent position. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. 19.1. Layoff shall be defined as a reduction in the work force, including a reduction in straight time hours. B. Except in unusual circumstances, no employee 19.2. No Bargaining Unit Member shall be laid off pursuant to a reduction in the work force unless said employee Bargaining Unit Member shall have been notified of said layoff in writing at least fifteen (15) business calendar days prior to the effective date of the layoff. C. . Ten (10) calendar day notice shall be given where the layoff is in the form of a reduction in hours. In the event of a reduction in the work force, the Employer shall first layoff probationary Bargaining Unit Members in the classification being reduced. If further reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid offis made, layoff shall be made on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applybeing reduced. In no case shall a reduction new Employee be employed by the Employer while there are laid off Bargaining Unit Members who are qualified and have seniority in any employee’s work hours take effect until the employer classification where there is a vacancy being filled. An Employee who is laid off or reduced shall be entitled to bump less senior Employees employed in other classifications in which the laid off or reduced Employee has given seventy-two (72) hours written notification seniority, provided he/she is qualified. Qualifications shall be determined by the job description for each bargaining unit position. 19.3. In the event of a layoff, the Employer and Association may mutually agree to allow individual Bargaining Unit Members to waive their seniority rights for the purpose of the layoff. Such waiver, if authorized by the Bargaining Unit Member, shall not be construed to be a waiver of seniority for purposes of the right to be recalled from layoff. 19.4. A laid off Bargaining Unit Member shall, upon application and at his/her option, be granted priority status on the substitute list for his/her classification according to his/her seniority. Laid off Bargaining Unit Members may continue their health, dental and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the affected employeeEmployer after the first thirty (30) days of such layoff. During the first thirty (30) days of a layoff the Employer will continue to be responsible for health, dental and life insurance premiums. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff For Food and Nutrition, Aide/Paraprofessional and Transportation employees layoff shall be defined as a necessary reduction in the work forceforce beyond normal attrition. For Secretarial employees layoff shall be defined as a necessary reduction in the work force beyond normal attrition. This provision does not prohibit the parties (Board and Association) from mutually agreeing to reduce the total number of bargaining unit positions if a building is closed or a program is eliminated, etc. B. Except in unusual circumstances, no employee No bargaining unit member shall be laid off pursuant to a necessary reduction in the work force unless said employee bargaining unit member shall have been notified of said layoff in writing at least fifteen two (152) business days calendar weeks prior to the effective date of the layoff. In the event of a necessary reduction in work force, the Employer shall first layoff probationary bargaining unit members in that category, then the least senior bargaining unit members in that category. In no case shall a new employee be employed by the Employer while there are laid off bargaining unit members who are qualified for a vacant or newly-created position in that category. C. For Food and Nutrition, Aide/Paraprofessional and Transportation employees, the following shall apply: Bargaining unit members whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of position shall have the right to assume a position, in the same category, for which they are qualified, which is held by a less senior bargaining unit member. A bargaining unit member who has assumed additional duties due to the elimination of a position as part of a consolidation of positions shall not be entitled to Article 17 layoff, recall and bumping rights. For Secretarial employees the following shall apply: Bargaining unit members whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of position shall have the right to assume a position of the least senior bargaining unit member of his/her category. For the purpose of lay-off and recall only there shall be two categories; I. Full-time Secretaries; II. Less than full time Secretaries. If the least senior category I Secretary is affected by a layoff/elimination of position, she/he shall have the right to assume the position of the least senior category II employee, provided he/she is qualified and has greater seniority. A bargaining unit member who has assumed additional duties due to the elimination of a position as part of a consolidation of positions shall not be entitled to Article 17 layoff, recall and bumping rights. D. In the event of a layoff, the Employer and Association may mutually agree to allow individual unit members to waive their seniority rights for the purpose of the layoff. With the approval of the Employer and the Association, bargaining unit members may, at their option without prejudice to seniority and other rights under the Agreement, waive their seniority in the instance of the Employer instituting a layoff during the period of this Agreement. Such waiver, if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority or any other right under the contract including the bargaining unit member's right to be recalled from such layoff. If such an agreement is reached, the following form shall be used. Individual Agreement The undersigned hereby agrees to waive his/her seniority for purposes of the Stockbridge School District impending institution of a layoff under the Agreement. This waiver is given, however, without prejudice to the assertion of seniority for all other purposes contained in the Agreement, including recall rights and other contractual privileges or benefits conferred under the Agreement. This waiver pertains solely to the order in which said bargaining unit member might be laid off during the period of this Agreement. Date Signature Bargaining Unit Member Date Signature Association Representative Date Signature Employer Representative E. In the event of a reduction in the work forcehours in a classification or position, bargaining unit members with the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available greater seniority may use same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which normal work schedule by displacing bargaining unit members with less seniority on the employee holds seniority. D. In the event of a reduction work schedule in the same classification who have schedules which do not conflict with his/her normal work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyschedule. In no case shall a reduction in of any employee’s bargaining unit member's work hours take effect until the employer has given seventy-two fourteen (7214) hours calendar days after written notification notice to the affected employeebargaining unit member(s) is given by the Employer. 1F. A laid off bargaining unit member shall, upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. Paraprofessionals (a) Whenever a paraprofessional is being displaced Laid off bargaining unit members may continue their health, dental and life insurance benefits by paying the parties will meet as soon as possible regular monthly per subscriber group rate premium for such benefits to discuss the situation and will generally follow Employer subject to the guidelines below. At the meeting the number of hours limitations of the positioncarrier. Laid off bargaining unit members shall be recalled in order of seniority, qualificationswith the most senior being recalled first, needs to any position for which they are qualified. Any bargaining unit member who completes their probation period shall be deemed qualified for any position in that category. Notices of recall shall be sent by mail to the student, needs last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining member is to report back to work. It shall be the bargaining unit member's responsibility to keep Employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given ten (10) calendar days from receipt of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority notice to take report to work. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within the ten (10) day period. Bargaining unit members on layoff shall accrue seniority during the period of another employee with less seniority. such layoff. Accrual of seniority while on layoff shall be limited to two (2) Hours – This means years per period of layoff. G. Refusal or acceptance of a position which is not equivalent in hours and compensation to the number position from which the employee was laid off shall not adversely affect his/her recall rights. Any laid-off employee who refuses to accept recall to an equivalent position or who fails to respond to recall notice shall be deemed to be a voluntary quit. H. Employees will remain on the recall list for a period of hours worked per weekthree (3) years. After three (3) years, if the employee has not been recalled, he/she will lose any recall rights. Working as a substitute does not count as a recall.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff For Food and Nutrition, Aide/Paraprofessional, and Transportation employees layoff shall be defined as a necessary reduction in the work forceforce beyond normal attrition. For Secretarial employee’s layoff shall be defined as a necessary reduction in the work force beyond normal attrition. This provision does not prohibit the parties (Board and Association) from mutually agreeing to reduce the total number of bargaining unit positions if a building is closed or a program is eliminated. B. Except in unusual circumstances, no No bargaining unit employee shall be laid off pursuant to a necessary reduction in the work force unless said bargaining unit employee shall have been notified of said layoff in writing at least fifteen two (152) business days calendar weeks prior to the effective date of the layoff. In the event of a necessary reduction in work force, the Employer shall first layoff probationary bargaining unit employees in that category, then the least senior bargaining unit employees in that category. In no case shall a new employee be employed by the Employer while there are laid off bargaining unit employees who are qualified for a vacant or newly-created position in that category. C. For Food and Nutrition, Aide/Paraprofessional, and Transportation employees, the following shall apply: Bargaining unit employees whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of position shall have the right to assume a position, in the same category, for which they are qualified, which is held by a less senior bargaining unit employee. A bargaining unit employee who has assumed additional duties due to the elimination of a position as part of a consolidation of positions shall not be entitled to Article 17 layoff, recall and bumping rights. For Secretarial employees the following shall apply: Bargaining unit employees whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of position shall have the right to assume a position of the least senior bargaining unit member of his/her category. For the purpose of lay-off and recall only there shall be two categories; 1. Full-time Secretaries; 2. Less than full time Secretaries. If the least senior category 1 Secretary is affected by a layoff/elimination of position, she/he shall have the right to assume the position of the least senior category 2 employee, provided he/she is qualified and has greater seniority. A bargaining unit employee who has assumed additional duties due to the elimination of a position as part of a consolidation of positions shall not be entitled to Article 17 layoff, recall, and bumping rights. D. In the event of a layoff, the Employer and Association may mutually agree to allow individual unit employees to waive their seniority rights for the purpose of the layoff. With the approval of the Employer and the Association, bargaining unit employees may, at their option without prejudice to seniority and other rights under the Agreement, waive their seniority in the instance of the Employer instituting a layoff during the period of this Agreement. Such waiver, if authorized by the bargaining unit employee, shall not be construed to be a waiver of seniority or any other right under the contract including the bargaining unit employee’s right to be recalled from such layoff. If such an agreement is reached, the following form shall be used. Individual Agreement The undersigned hereby agrees to waive his/her seniority for purposes of the Stockbridge School District impending institution of a layoff under the Agreement. This waiver is given, however, without prejudice to the assertion of seniority for all other purposes contained in the Agreement, including recall rights and other contractual privileges or benefits conferred under the Agreement. This waiver pertains solely to the order in which said bargaining unit employee might be laid off during the period of this Agreement. Date Signature Bargaining Unit Employee Date Signature Association Representative Date Signature Employer Representative E. In the event of a reduction in the work forcehours in a classification or position, bargaining unit employees with the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available greater seniority may use same to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to maintain his/her laid off job classification and any other classification in which normal work schedule by displacing bargaining unit employees with less seniority on the employee holds seniority. D. In the event of a reduction work schedule in the same classification who have schedules which do not conflict with his/her normal work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall applyschedule. In no case shall a reduction in of any employee’s bargaining unit employees work hours take effect until the employer has given seventy-two fourteen (7214) hours calendar days after written notification notice to the affected employeebargaining unit employee(s) is given by the Employer. 1F. A laid off bargaining unit employee shall, upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. Paraprofessionals (a) Whenever a paraprofessional is being displaced Laid off bargaining unit employees may continue their health, dental, and life insurance benefits by paying the parties will meet as soon as possible regular monthly per subscriber group rate premium for such benefits to discuss the situation and will generally follow Employer subject to the guidelines below. At the meeting the number of hours limitations of the positioncarrier. Laid off bargaining unit employees shall be recalled in order of seniority, qualificationswith the most senior being recalled first, needs to any position for which they are qualified. Any bargaining unit employee who completes their probation period shall be deemed qualified for any position in that category. Notices of recall shall be sent by mail to the student, needs last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining employee is to report back to work. It shall be the bargaining unit employee’s responsibility to keep Employer notified as to his/her current mailing address. A recalled bargaining unit employee shall be given ten (10) calendar days from receipt of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority notice to take report to work. The Employer may fill the position on a temporary basis until the recalled bargaining unit employee can report for work providing the bargaining unit employee reports within the ten (10) day period. Bargaining unit employees on layoff shall accrue seniority during the period of another employee with less seniority. such layoff. Accrual of seniority while on layoff shall be limited to two (2) Hours – This means years per period of layoff. G. Refusal or acceptance of a position which is not equivalent in hours and compensation to the number position from which the employee was laid off shall not adversely affect his/her recall rights. Any laid-off employee who refuses to accept recall to an equivalent position or who fails to respond to recall notice shall be deemed to be a voluntary quit. H. Employees will remain on the recall list for a period of hours worked per weekthree (3) years. After three (3) years, if the employee has not been recalled, he/she will lose any recall rights. Working as a substitute does not count as a recall.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall In the event a layoff situation develops, the Board will decide the reduction or elimination of positions within the various classifications, and agrees that the procedure will be defined as a reduction in follows: The Association will be given not less than five (5) days notice of intent to lay off and will be given the work force. B. Except in unusual circumstances, no opportunity to immediately discuss the circumstances with the employer. An employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing given at least fifteen (15) business days prior notice of layoff. Employees subsequently displaced, if any, shall be notified of such displacement as soon as practicable but not less than one working day after the more senior employee has exercised the right to displace. In the event of a necessary reduction in work force, the Employer shall first layoff probationary bargaining unit members in the affected classification, then the least senior bargaining unit members in that classification. In no case shall the employer employ a new employee while there are laid-off bargaining unit members who are qualified for a vacant or newly created position. Bargaining unit members whose positions have been eliminated due to reduction in work force or who have been affected by a layoff/elimination of position shall have the right to assume a position, regardless of classification, for which they are qualified, which is held by the least senior bargaining unit member closest to the effective date daily hours that the displaced member was working. For the purpose of displacing as described above, “Necessary skills” and “Qualified” will be determined using the following protocol: Administration will develop a written and/or performance based test for each position/classification to be administered annually during the month of August. The test will be administered to the employee and graded by the administration. The Association President may review the completed and graded test. The member wishing to displace another member will provide a resume, outlining their qualifications for the position they wish to displace. The administration may choose to conduct an interview with the person wishing to displace another employee. The Association President may observe the interview. The use of bargaining unit seniority to displace another employee must be exercised within three (3) days of receipt of notification of layoff or displacement, whichever is applicable, or the right is forfeited. Laid-off bargaining unit members shall be recalled after any displaced and/or currently employed members have had the opportunity to fill any vacancies. A laid-off bargaining unit member shall, upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid-off bargaining unit members shall be recalled in accordance with seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided they have the ability and are able to perform the duties of the layoff. C. job that is open. When recalling laid-off bargaining unit members, the School District will notify them by certified mail at the last known address. If such bargaining unit member does not notify the School District within ten (10) working days of receipt of such notice, or within ten (10) working days of notification from the post office that said notice is undeliverable, that he/she will report to work on the date specified, or give a legitimate reason, as determined by the superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Bargaining unit members recalled to an equivalent position in hours and pay from that which they were laid-off and for which they are qualified, are obligated to take said work. A bargaining unit member who declines recall to work for which he/she is qualified shall forfeit his/her seniority rights. Acceptance or refusal of recall to a position, which is lower in, pay, hours and/or benefits than the position from which the bargaining unit member was laid-off shall not affect his/her rights to recall to an equivalent position. In the event of a reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within hours in a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee bargaining unit members shall have the opportunity right to make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancy, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds seniority. D. In the event of a reduction in the work force or a permanent reduction in the work hours of assume a position, for which they are qualified (see IX c) regardless of classification, which is held by the procedures regarding displacement rights described below shall applyleast senior bargaining unit member with hours closest to those from which they were laid-off. In no case shall a reduction in of any employeebargaining unit member’s work hours take effect until the employer has given seventy-two ten (7210) hours work days written notification notice to the affected employeebargaining unit member(s) is given by the employer. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the employee will be discussed. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be xxxxx.xx defined as a necessary reduction in the work forceforce beyond normal attrition due to economic needs of the District, or decrease of work. B. Except in unusual circumstances, no No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen ten (1510) business days prior to the effective date of the layoff. C. In the event of a necessary reduction in work force, the Employer shall first lay off probationary employees, then the least senior employees, within the affected classification, provided there are more senior employees qualified to do the remaining work. In no case shall a new employee be employed by the Employer while there are laid off employees who are qualified for a vacant or newly created position. D. Employees whose positions have been eliminated due to reduction in the work force, the reduction procedure shall be applied within each classification as follows: 1. Probationary employees shall be laid off first. 2. In the event seniored employees must be laid off, force or who have been affected by a layoff shall be on the basis of seniority. 3. In the event an employee is laid off from within a classification, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classification, the laid off employee shall have the opportunity right to make application assume a position for posted vacancies in classifications in which the they are qualified, which is held by an employee has no with less seniority. Should Any such assumption of position (here after called bumping), must first happen within the classification of the member affected. Anyone who no longer has a position in their current classification at the end of this bumping process may assume a position which is held by an employee secure such a posted vacancywith less seniority, he/she retains recall rights to in any other classification for which they are qualified. If bumping becomes necessary, all of the members in the affected classification and the HESPA President will meet with the Superintendent and the members of his/her laid off job classification committee and any other classification in which the employee holds seniorityall bumping shall take place at that meeting. D. E. In the event of a reduction in the work force or hours of an employee, a permanent reduction more senior employee in the classification may elect to work hours the schedule of a positionless senior employee in the classification, rather than the procedures regarding displacement rights described below shall applyreduced schedule, so long as both employees are fully qualified. In no case shall Notice of a reduction in any employee’s work hours take effect until the employer has given seventy-two shall be provided ten (7210) hours written notification days prior to the affected effective date of such reduction. F. A laid-off employee shall upon application, and at his/ her opt ion, be granted priority status on the substitute list according to his/her seniority. Laid off employees making proper application will be provided the option of purchasing COBRA (Consolidated Omnibus Budget Reconciliation Act) benefits. G. Employees will be recalled to the classification from which they were laid off based on seniority and qualifications; so long as they are fully qualified the more senior employee will be recalled first. Upon written request a more senior employee will also be recalled to a different classification (for which they are fully qualified) prior to recall of a less senior employee. 1H. Notices of recall shall be sent by certified or registered mail to the last known address as shown in the Employer's records. ParaprofessionalsThe recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Employer notified as to his/ her current mailing address. A recalled employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Employer may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her recall rights. · I. Employees shall not accrue seniority on layoff but shall retain their seniority for purpose of recall for a period of three (a3) Whenever years. Any employee on layoff for more than three (3) years shall lose his/her seniority and any further rights under this Agreement. J. If a paraprofessional position is being displaced eliminated or reduced, the parties will meet as soon as possible reduced employee, or any other employee within that classification, may volunteer to discuss accept the situation and will generally follow the guidelines below. At the meeting the number of hours layoff pending approval of the position, qualifications, needs of the student, needs of the district, building assignment, and desires of the Board. Seniority shall be retained but shall not accrue when on voluntary layoff. The employee will be discussedshall have recall rights for three (3) years. (b) For the purposes of this section the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.

Appears in 1 contract

Samples: Master Agreement

REDUCTION IN PERSONNEL, LAYOFF, AND RECALL. A. Layoff shall be defined as a reduction in the work forceAn employee who is being transferred may apply for any other open positions. B. Except in unusual circumstances, no employee shall be laid off pursuant to a reduction in the work force unless said employee shall have been notified of said layoff in writing at least fifteen (15) business days prior to the effective date of the layoff. C. In the event of a reduction in the work forceof staff, elimination of positions, or reduction of hours, the reduction following procedure shall will be applied within each classification as followsfollowed: 1. Layoff will be according to seniority within the bargaining unit. a. Notification of layoff will be in writing. b. Probationary employees shall will be laid off first. 2. In c. Following the event seniored lay off of probationary employees, the necessary number of least senior employees must shall then be laid off, layoff shall be on the basis of seniorityoff or displaced. 3. In the event an d. An employee is laid off from within a classificationwhose position has been reduced, and no position is available to the employee within another classification in which the laid off employee has acquired seniority because of relative seniority in that classificationeliminated, the laid off employee or becomes displaced shall have the opportunity option to accept lay off or to bump the least senior person with the same or similar hours. e. The employee shall notify the Superintendent of Schools of intent to bump or accept layoff, in writing, within ten (10) days of signed receipt of written notification of layoff, reduction, or elimination, as outlined above. Failure to notify the Superintendent of intent will indicate choice of layoff. f. Bumping procedure will be completed within twenty (20) days of employee notification of intent to the Superintendent. C. The District will make application for posted vacancies in classifications in which the employee has no seniority. Should the employee secure such a posted vacancyevery reasonable effort to provide advance notification of transfer, he/she retains recall rights to his/her laid off job classification and any other classification in which the employee holds senioritylayoff, reduction, or elimination of positions. D. In When laid off employees are recalled, they will be recalled in order of seniority, with the event most senior being recalled first to any position for which they are qualified as outlined in Article VII Section D. Notice of a reduction in recall shall be sent to the work force or a permanent reduction in the work hours of a position, the procedures regarding displacement rights described below shall apply. In no case shall a reduction in any employee’s work hours take effect until last known address by registered mail. It shall be the employer has given seventy-two (72) hours written notification to the affected employee. 1. Paraprofessionals (a) Whenever a paraprofessional is being displaced the parties will meet as soon as possible to discuss the situation and will generally follow the guidelines below. At the meeting the number of hours of the position, qualifications, needs of the student, needs of the district, building assignment, and desires responsibility of the employee will be discussed. (b) For to keep the purposes District informed of this section their address. If an employee fails to notify the following definitions will apply: (1) Claim seniority – This means using ones seniority to take the position of another employee with less seniority. (2) Hours – This means the number of hours worked per week.District within five

Appears in 1 contract

Samples: Master Agreement

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