Common use of REDUCTION IN PERSONNEL Clause in Contracts

REDUCTION IN PERSONNEL. All language in this article which is shown in italics is meant to apply to non-certified professionals, (see Article I Section A. for definition of this term). A. In the event of a general cutback or reduction of teaching staff through layoff from employment, the following procedures will be utilized. 1. Teachers not holding a valid Michigan teaching certificate will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teacher. 2. If reduction is still necessary, then probationary teachers with the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. 3. If further reduction is still necessary, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absence, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff only. The first day worked shall commence accrual of service time. E. A seniority list shall be maintained by the District. Teachers shall be ranked in order of seniority. Accompanying the name of each teacher shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by a drawing each year. The Association and teachers so affected shall be notified in writing of the date, place and time of the drawing.

REDUCTION IN PERSONNEL. All language A. The term "seniority" as hereinafter used shall be length of continuous service with the bargaining unit since the last date of hire. Leave of absence granted pursuant to the contract shall not constitute an interruption in this article which continuous service. Credit given for outside teaching experience in school districts shall not be considered for the purpose of accumulating seniority. Administrative and supervisory service shall not be considered for the purpose of accumulating seniority. However, any administrator or supervisor who is shown in italics is meant returned to apply to non-certified professionals, (see Article I Section A. for definition of this term)the classroom shall be credited with any prior accumulated seniority. A. B. Each year the Board shall prepare a seniority list by certification and classification, NCLB HQT status for assignment and transmit a copy of the same to the Association on or before the 1st day of November. The list shall be updated annually by May 1. In the event of a general cutback or reduction of teaching staff through layoff from employment, the following procedures will be utilized. 1. Teachers not holding a valid Michigan teaching certificate will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teacher. 2. If reduction is still necessary, then probationary teachers with the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. 3. If further reduction is still necessary, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absence, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff only. The first day worked shall commence accrual of service time. E. A seniority list shall be maintained by the District. Teachers shall be ranked in order of seniority. Accompanying the name of each teacher shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with more than one individual has the same length date of service shall be determined by hire, all individuals so affected will participate in a drawing for each yeardate of hire, to determine placement on the seniority list. Such drawing shall occur only once. The Association and teachers bargaining unit members so affected shall will be notified in writing of the date, place place, and time of the drawing, and given the opportunity to be present. The first name drawn shall be the first name on the seniority list (for that date), and proceed in that order. The Board shall draw the first name and the Association shall draw the second and proceed alternately until all names are drawn. If the Association is in disagreement on one or all parts of the seniority list and if mutual agreement between the parties cannot be reached on the disagreements, the Association may use the grievance procedure. C. Necessary reduction of personnel. The parties hereto, realizing that education, curriculum, and staff to a large degree depend upon the economic facilities available to the Board as provided by the public and the State of Michigan, and in accordance with that realization understand that in some instances it may be economically necessary to reduce the educational program, curriculum, and staff when funds are not available, hereby agree as follows: 1. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce the educational program and curriculum (including any programs which may be guaranteed in Article III). 2. In order to promote an orderly reduction in personnel when the educational program and curriculum is curtailed, the following procedure will be used: a. Layoff will be on the basis of seniority, provided that the more senior teacher is certified and qualified for the available position. In the event the position held by a teacher is eliminated, the teacher shall be entitled to bump a less senior teacher if he/she is certified and qualified (including the ability to meet all NCLB HQT requirements starting in 2006-2007) for the position or a position which can be created by changing the assignments of less senior teachers. More senior teachers not being laid off shall upon request be voluntarily transferred in order to enable the Board to retain more senior teachers. This procedure is subject to the Michigan Teachers' Tenure Act. b. It is expressly understood that the Association shall have the right to review the reduction list prior to notification of the individuals involved. After the reduction list has been prepared by the Board, the Association and Board shall review said list and attempt to resolve any and all conflicts. In the event there is a dispute concerning the reduction list, the Association shall have the right to file a written grievance thereon within seventy-two (72) hours after the termination of the meeting during which such review took place. c. The Board may lay off staff at the commencement of the school year provided written notice of layoff is sent to the Association and to the teacher at least twenty-five (25) days in advance of the first scheduled work day for teachers, and at the commencement of the second semester provided written notice is sent sixty (60) days in advance.

REDUCTION IN PERSONNEL. All language A. No teacher shall be laid off pursuant to a necessary reduction in this article which personnel unless there is shown a decrease or lack of revenue, a decrease in italics is meant to apply to non-certified professionalsthe number of students enrolled, (see Article I Section A. for definition or changes beyond the control of this term)the Board in the curriculum or facilities or an outside agency impact on the district. A. In B. Before the event Board makes any necessary reduction in personnel, it will first negotiate with the Association regarding the effects of a general cutback or reduction of teaching staff through layoff from employmentsuch reduction. This will include, but not be limited to, such problems as the following procedures criteria used for the determination as to who will be utilizeddischarged or laid off and the reemployment rights of such persons. Layoff shall not include the failure to fill terminations or teachers being displaced due to other teachers returning from leaves. Existing staff that have been transferred to fill a vacancy created by a leave shall fall under Article XXI A above. 1. Teachers In the event that a reduction of staff is deemed necessary, leaves of absence without pay will automatically be granted to any and all teaching staff affected by this reduction. These leaves of absence shall not holding a valid Michigan teaching certificate will prohibit the teachers from seeking and accepting gainful employment elsewhere, and shall not be laid off first, provided there are certified and qualified teachers to replace and perform all terminated for that reason except on written request of the needed duties of the laid-off teacher. 2. If reduction During said leave of absence such teacher shall receive no insurance benefits at Board expense, but may elect to continue insurance benefits at his/her own expense. This section is still necessary, then probationary teachers with contingent upon approval by the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachersrespective insurance carriers. 3. If further During said leave of absence such teacher's seniority shall remain unbroken despite such leave, and his/her accumulated sick leave shall not be canceled, but shall remain credited to him/her. 4. Any teacher who would have qualified for full state retirement during the reduction year shall be permitted to teach a year (as determined by the recall procedure outlined below) so as to acquire needed service. 5. The fact that a teacher is still necessaryplaced on leave of absence for the purpose of staff reduction shall not result in the loss of status or credit for previous years of service. Upon return to the Mt. Xxxxxx District, he/she shall assume the step position on the salary schedule which he/she would have held had he/she been actively employed in the Mt. Xxxxxx District for the same period provided he/she remains in the teaching field. 6. Layoffs shall not include failure to fill terminations or the failure to reemploy teachers who are being displaced by teachers returning from leave. Existing staff members who have been transferred to fill vacancies caused by leaves shall fall under Paragraph C. C. In the event that it becomes necessary to reduce the number of teachers, through layoff, from employment by the Board, then tenured the teachers with the least number of years of continuous teaching experience most seniority in the Dexter School System will be laid off first, provided there District who are certified and qualified teachers to replace and perform all of meet the needed duties of the laid-off teachers. B. Certified teachers Highly Qualified standards shall be defined retained. The seniority date will be the official date of hire by the Board of Education as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall determined by official records or the first day of employment with the school district. The earliest date will be defined as teachers who possess a major or minor or have previous teaching experience in used for all employees. Beginning with the District in 1978- 79 school year, the subject matter area to seniority date will be taughtthe first day of employment with the district. D. Length Anyone hired after January 1, 2010, probationary teachers will retain their recall rights for five (5) years from date of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absence, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff only. The first day worked shall commence accrual of service timelayoff. E. A In the event of layoff, the Board will institute a recall procedure by which a teacher with the most seniority list shall who is qualified and certified to fill the vacancy will be maintained by recalled first. If the District. Teachers shall layoff was for financial reasons, recall will be ranked initiated immediately upon resolution of any financial crisis which may have precipitated the necessary reduction in order of seniority. Accompanying personnel. F. If a position exists within the name of each Mt. Xxxxxx District for which the teacher is qualified and certified, the teacher shall be notified by certified mail. Within ten (10) days of the receipt of a listing written offer to return to employment, the teacher shall accept the position by replying in writing or it shall be determined that he/she has declined the position. The teacher shall notify the Personnel Office by March 15 of the current school year of his/her intent to return to the Mt. Xxxxxx District the following year. No new staff shall be hired until all staff on layoff in line with their seniority, qualifications, and certification has been offered an opportunity in writing to return to active employment. It is the teacher's certification endorsement. Said seniority list shall be presented responsibility to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers keep his/her current address with the same length of service shall be determined by a drawing each year. The Association and teachers so affected shall be notified in writing of the date, place and time of the drawingPersonnel Office.

REDUCTION IN PERSONNEL. All language in this article which is shown in italics is meant to apply to non-certified professionals, (see Article I Section A. for definition of this term). A. In the event of a general cutback or reduction layoff of teaching staff through layoff from employmentTeachers, the following procedures procedure will be utilized.used: 1. Probationary Teachers not holding a valid Michigan teaching certificate in the specific positions being reduced or eliminated will be laid off first, provided there are certified fully qualified and qualified teachers fully-certificated Teachers to replace and perform all of the needed duties of the probationary Teachers to be laid-off teacheroff. 2. If reduction further layoff of Teachers is still necessary, then probationary teachers with the least number of continuous years of teaching Teachers in the Dexter School System specific positions being reduced or eliminated will be laid off firstin order of least seniority, provided there are remaining certified fully qualified and qualified teachers fully certificated Teachers to replace and perform all of the needed duties of the laid-off teachersTeachers to be laid off. 3. If further B. After reduction is still necessaryof Teachers, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be as outlined above, laid off first, provided there Teachers shall be recalled to the next available vacancies for which the laid off Teachers are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absencequalified, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff only. The first day worked shall commence accrual of service time. E. A seniority list shall be maintained by the District. Teachers shall be ranked in order of seniority. Accompanying Probationary Teachers being laid off shall retain recall rights for no more than the name number of full school years of employment with the District as of the time of notice of lay off, up to four (4) years. The Board shall give written notice to recall from the layoff by sending a certified restricted delivery letter to said Teacher at his/her last known address with a copy to the Association President. It shall be the responsibility of the Teacher to notify the Board of any changes of address. The Teacher’s address as it appears in the Board’s records shall be conclusive when used in connection with layoffs, recalls, or any other notice to the Teacher. If the Teacher fails to acknowledge his/her availability for reemployment within five (5) calendar days after date of receipt of the letter of recall or fifteen (15) days after mailing of recall notice, unless an extension is granted in writing by the Board, or refuses such offer of reemployment, said Teacher shall be considered a voluntary quit, shall lose all seniority, and shall completely terminate his/her individual employment contract and any other relationship with the Board. Provided, however, that a Teacher under contract with another School District may refuse a recall during the school year. C. Before official action on a reduction of Teachers is taken by the Board of Education, it will give notice to the Association of the contemplated reduction and afford the Association an opportunity to discuss it with the Employer. As soon as the names of the Teachers to be laid off are known, a list of such names shall be given to the Association. D. In the event the Association questions the decision of the Employer as to specific Teachers (1) being laid-off or not being laid-off, or (2) filling vacant Teachers positions (as set forth above) or not filling such position, the Employer will set forth in writing to the Teacher and the Association its reasons for its action. It is understood, however, that the Association's request for this information is reasonable, timely, and intended in good faith. E. If the Employer fails or refuses to comply with Section B or C, above, or if the reasons assigned clearly demonstrate that the Employer acted arbitrarily or capriciously, the Association has the right to utilize the grievance and arbitration procedure to seek relief. F. In conjunction with Article XXV, Section B, which provides that the individual contract executed between each Teacher and the Employer is subject to the terms and conditions of this Agreement, it is intended that this Article takes precedence over and governs the individual contract and the individual contract is expressly conditioned upon this Article. G. Except in the event of an emergency, all Teachers to be laid-off shall be given at least 30 days written notice. H. By March 1st of each teacher contractual year the District shall be put on the Teachers’ bulletin board, and in the administration office, a listing of seniority list. If a Teacher does not object to his/her listed seniority date within 30 days following the teacher's certification endorsement. Said posting, then said seniority list shall be presented to conclusive for purposes of lay-off and recall. If two Teachers are equally qualified and have the same number of years in the system, the Board and the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by will conduct a drawing each yearto determine position on the seniority list. The Association and teachers Teachers so affected shall will be notified in writing of the date, place place, and time of the drawing. For purposes of this section seniority is defined as the first day of work in the District.

REDUCTION IN PERSONNEL. All language in this article which is shown in italics is meant If it becomes necessary to apply to non-certified professionals, (see Article I Section A. for definition of this term). A. In decrease the event of a general cutback or reduction of teaching staff through layoff from employment, the following procedures will be utilized. 1. Teachers not holding a valid Michigan teaching certificate will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teacher. 2. If reduction is still necessary, then probationary teachers with the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. 3. If further reduction is still necessary, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member members of the bargaining unit. Leaves , the School Board may lay off the necessary number of absence, with or without pay and absence due to layoff are not to be considered a break members of the bargaining unit in servicethe program area being reduced including, but service time shall continue to accrue during periods of paid leavenot limited to, or periods of layoff onlyclassroom teachers, music, physical education, and special education. The first day worked shall commence accrual of service time. E. A seniority list shall be maintained by the District. Teachers shall be ranked in order of seniority. Accompanying the name of each teacher shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by a drawing each year. The Association and teachers so affected Members shall be notified in writing on or before March 31st if they are to be laid off. Any layoffs shall be governed by the following provisions. A. Members of the date, place bargaining unit who are not on continuing contract may be laid off in any order as determined by the Superintendent and time the School Board. B. Members of the drawingbargaining unit who are on continuing contract shall be laid off only in their inverse order of seniority. However, members in this category with equal seniority may be laid off in any order as determined by the Superintendent and School Board. Seniority will be determined by the member’s most recent date of continuous employment at the Plainfield School. Leaves of absence for approved study or other approved academic purposes shall count toward the computation of seniority. Leaves of absence for personal reasons shall not terminate the period of continuous service. C. No member of the bargaining unit may be prevented from securing other employment during the period s/he is laid off under this subsection. D. Members who are laid off shall retain job recall rights for a period of two (2) school years for any position within the bargaining unit for which they are qualified and certified. Recall shall be in inverse order of layoff. X. A member notified of recall shall have fifteen (15) calendar days in which to accept the position. Failure to respond to the offer within fifteen (15) calendar days shall be deemed to be a refusal of the offer and a waiver of future recall rights and the member with the next right of recall shall be offered the position. Notification shall be by certified mail to the last known address of the member and this shall be deemed to be full and sufficient notification. It will be the responsibility of the member to provide the Superintendent with his/her current mailing address. F. Reinstatement hereunder shall not result in a loss of credit for previous years of service. No new or substitute appointments may be made while there are laid off members of the bargaining unit who are qualified to fill the vacancies. G. The provisions of the Article shall not apply to members employed on limited duration or non- renewable contracts.

REDUCTION IN PERSONNEL. All language in this article which is shown in italics is meant to apply to non-certified professionals, (see Article I Section A. for definition of this term). A. In the event of cases requiring a general cutback or reduction of teaching staff through layoff from employmentthe Teacher work force, the following procedures Board will decide in which areas and subjects the reductions shall be utilized.made. A change in assignment resulting from a reduction/layoff of bargaining unit member(s) is not considered a transfer within the meaning of Article XI, D, nor are the positions to which teachers are assigned or reassigned as a result of such a reduction/layoff considered to be vacancies within the meaning of XI, A. B. Before official action on a reduction of Teachers is taken by the Board, the Super- intendent, or his/her designee, will give notice to, and consult with, the Associa- tion regarding the contemplated recommendations regarding reductions and af- ford the Association an opportunity to discuss it with the Superintendent, or his/her designee. The Board shall maintain and make available to the Association, upon written request, a seniority list, listing the Teacher's seniority number, name and certifi- cation. The Board shall produce a seniority list twice each year, in October and March, and provide a copy of that list to the Association by November 1 and April 1. Teachers not holding The October list shall be used for staffing decisions for the 2nd semester. The March list shall be used for staffing decisions for the following school year. The Board shall provide the Association and make available in each building by April 1, a valid Michigan teaching certificate will be laid off first, provided there are certified and qualified teachers to replace and perform all copy of the needed duties of the laid-off teacher. 2. If reduction is still necessary, then probationary teachers with the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. 3. If further reduction is still necessary, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absence, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff onlylist. The first day worked shall commence accrual of service time. E. A printed seniority list shall be maintained by based on the DistrictBA, BA+15, MA, MA+15 and MA+30 education levels. Teachers Under layoff and re- call conditions, when two or more teachers are tied with respect to pay level and years of service as a teacher, the actual credit hours as listed in E,3 of this Article shall be ranked in used to determine the order of seniority. Accompanying Each Teacher must notify the name Board, in writing, of each teacher any corrections and/or addi- tions to the seniority list. C. No Teacher shall be laid off due to a listing of necessary reduction in personnel for any school year or portion thereof, unless the teacher's certification endorsement. Said seniority list shall be presented to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by a drawing each year. The Association and teachers so affected shall be Teacher has been notified in writing of the date, place and time of the drawing.at least fifty

REDUCTION IN PERSONNEL. All language in this article which is shown in italics is meant to apply to non-certified professionals, (see Article I Section A. for definition of this term).‌ A. In the event of a general cutback or reduction layoff of teaching staff through layoff from employmentTeachers, the following procedures procedure will be utilized.used: 1. Probationary Teachers not holding a valid Michigan teaching certificate in the specific positions being reduced or eliminated will be laid off first, provided there are certified fully qualified and qualified teachers fully-certificated Teachers to replace and perform all of the needed duties of the probationary Teachers to be laid-off teacheroff. 2. If reduction further layoff of Teachers is still necessary, then probationary teachers with the least number of continuous years of teaching Teachers in the Dexter School System specific positions being reduced or eliminated will be laid off firstin order of least seniority, provided there are remaining certified fully qualified and qualified teachers fully certificated Teachers to replace and perform all of the needed duties of the laid-off teachersTeachers to be laid off. 3. If further B. After reduction is still necessaryof Teachers, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be as outlined above, laid off first, provided there Teachers shall be recalled to the next available vacancies for which the laid off Teachers are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absencequalified, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff only. The first day worked shall commence accrual of service time. E. A seniority list shall be maintained by the District. Teachers shall be ranked in order of seniority. Accompanying The Board shall give written notice to recall from the name layoff by sending a certified restricted delivery letter to said Teacher at his/her last known address with a copy to the Association President. It shall be the responsibility of the Teacher to notify the Board of any changes of address. The Teacher’s address as it appears in the Board’s records shall be conclusive when used in connection with layoffs, recalls, or any other notice to the Teacher. If the Teacher fails to acknowledge his/her availability for reemployment within five (5) calendar days after date of receipt of the letter of recall or fifteen (15) days after mailing of recall notice, unless an extension is granted in writing by the Board, or refuses such offer of reemployment, said Teacher shall be considered a voluntary quit, shall lose all seniority, and shall completely terminate his/her individual employment contract and any other relationship with the Board. Provided, however, that a Teacher under contract with another School District may refuse a recall during the school year. C. Before official action on a reduction of Teachers is taken by the Board of Education, it will give notice to the Association of the contemplated reduction and afford the Association an opportunity to discuss it with the Employer. As soon as the names of the Teachers to be laid off are known, a list of such names shall be given to the Association. D. In the event the Association questions the decision of the Employer as to specific Teachers (1) being laid-off or not being laid-off, or (2) filling vacant Teachers positions (as set forth above) or not filling such position, the Employer will set forth in writing to the Teacher and the Association its reasons for its action. It is understood, however, that the Association's request for this information is reasonable, timely, and intended in good faith. E. If the Employer fails or refuses to comply with Section B or C, above, or if the reasons assigned clearly demonstrate that the Employer acted arbitrarily or capriciously, the Association has the right to utilize the grievance and arbitration procedure to seek relief. F. In conjunction with Article XXV, Section B, which provides that the individual contract executed between each Teacher and the Employer is subject to the terms and conditions of this Agreement, it is intended that this Article takes precedence over and governs the individual contract and the individual contract is expressly conditioned upon this Article. G. Except in the event of an emergency, all Teachers to be laid-off shall be given at least 30 days written notice. H. By March 1st of each teacher contractual year the District shall be put on the Teachers’ bulletin board, and in the administration office, a listing of seniority list. If a Teacher does not object to his/her listed seniority date within 30 days following the teacher's certification endorsement. Said posting, then said seniority list shall be presented to conclusive for purposes of lay-off and recall. If two Teachers are equally qualified and have the same number of years in the system, the Board and the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by will conduct a drawing each yearto determine position on the seniority list. The Association and teachers Teachers so affected shall will be notified in writing of the date, place place, and time of the drawing. For purposes of this section seniority is defined as the first day of work in the District.

REDUCTION IN PERSONNEL. All language in this article which is shown in italics is meant to apply to non-certified professionals, (see Article I Section A. for definition of this term). A. In the event it becomes necessary to reduce the number of employees, such reduction shall occur by specific position(s) as determined by the Board and shall occur in the order as described in this Article. Notification to the Association regarding such proposed reduction shall be made, in writing, at least thirty (30) calendar days prior to the effective date of such reduction. Employees to be laid off shall be notified, in writing, at least twenty (20) calendar days prior to the effective date of such action. The employer shall discuss with the affected employee when such notice is given. B. If it is necessary to reduce a general cutback or position within a given school building such reduction shall be by specific position. If the secretary in the position to be reduced has more system seniority than the least senior secretary in the same school, he/she may displace the least senior secretary who will then be reassigned in accordance with Section C of teaching staff through layoff from employmentthis Article. If the secretary declines this option, then he/she shall be reassigned in accordance with Section C. When a split position is reduced/eliminated between two (2) buildings and the following procedures will be utilizedaffected secretary has more system seniority, then one of the secretaries in either of the two work locations, he/she may displace the least senior secretary in the affected combined buildings. C. Any employee notified of reduction may exercise his/her seniority rights into a position, which shall become open as follows: 1. Teachers not holding a valid Michigan teaching certificate will The employee directly affected by the reduction shall be laid off first, able to request assignment to the open positions on the basis of seniority provided there are certified and qualified teachers to replace and perform all of they possess qualifications for the needed duties of the laid-off teacherposition. 2. If reduction is still necessaryAn equivalent number of positions, then probationary teachers with staffed by the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teacherssenior employees shall become open. 3. If further Such procedure shall continue in sequential order until finalized. Example: Two (2) individuals are notified of the reduction of their positions. Provided they have more seniority than the two (2) least senior employees, they shall have the right to be awarded those positions should they meet the stipulation of C.2. D. Employees who exercise their seniority rights for placement shall do so and shall not have the right to decline placement to the least senior positions. Refusal of such placement shall result in layoff action by the Board. Full time employees shall not be required to accept less than full time employment in such instances, the next senior full-time position in the unit shall become open, and such position shall be offered to the affected secretary. E. Employees affected by a reduction in staff shall be recalled in reverse order of layoff. The most senior employee shall be recalled to the first opening for which he/she is still necessaryqualified. Recall shall be by written notice (both first class and certified mail return receipt requested), then tenured teachers to the employee's last known address on file with the least number Board. Such notice shall require that the employee be available for work five (5) workdays after the date of years of continuous teaching experience in delivery. Failure to report shall eliminate any obligation or responsibility to the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of employee by the needed duties of the laid-off teachersBoard. B. Certified teachers F. An employee on layoff status may not refuse to accept recall to any position, except lunch coverage positions. G. Any position that becomes vacant or is newly created shall be posted in accordance with provisions of this Agreement. A secretary on layoff status, an employee requesting return from leave pursuant to the procedures in Article XVI, or secretary providing lunch coverage, shall not be eligible for bidding on posted positions. Recall or return from leave shall occur prior to the employment of individuals new to the District. H. Seniority shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length amount of service or seniority is defined as service in the Dexter School System as a member of time an employee has worked within the bargaining unit. Leaves Time served in an excluded position shall not be counted for seniority purposes. In cases where employees whose seniority is equal and determination is necessary, there shall be a lottery system established. Seniority dates shall be adjusted for secretaries who are laid off or take a leave of absence. The method of adjustment shall cause a reduction of one (1) day of each day missed due to layoff or leave of absence, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods regardless of paid leave, or periods work year of layoff only. The first day worked shall commence accrual of service timethe secretary. E. A seniority list I. An employee shall be maintained by the District. Teachers shall be ranked in order retain recall rights for a period of seniority. Accompanying the name of each teacher shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three two (32) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by a drawing each year. The Association and teachers so affected shall be notified in writing of the date, place and time of the drawingyears.

REDUCTION IN PERSONNEL. All language A. Seniority: New employees hired into the Unit shall be considered as probationary employees as prescribed by the Tenure Act. B. The term “seniority” as hereinafter used shall be length of continuous service with the Pine River Area Schools. Leaves of absence granted pursuant to this contract shall not constitute an interruption in this article which is shown con- tinuous service. Credit given for outside teaching experience in italics is meant school districts shall not be con- sidered for the purpose of accumulating seniority, but shall serve to apply reduce the probationary pe- riod in accordance with the provisions of the Tenure Act. C. Seniority within the school system shall first be determined by certification as approved by the Department of Education of the State of Michigan, and shall secondly be determined by years of continuous employment in Pine River Area Schools. D. The Board of Education shall prepare a seniority list by classification based on continuous service in the Pine River Area Schools and transmit a copy of the same to non-certified professionals, (see Article I Section A. for definition the Association on or before the first day of October of each year of this term)contract. A. E. Necessary Reduction of Personnel - LAYOFF: The parties hereto, realizing that education, cur- riculum, and staff to a large degree depend upon the economic facilities available to the Board of Education and provided by the public and the State of Michigan, and in accordance with this re- alization understand that in some instances it may be economically necessary to reduce the edu- cational program, curriculum, and staff when funds are not available hereby agree as follows: 1. It is hereby specifically recognized that it is within the sole discretion of the Board of Edu- cation to reduce the educational program and curriculum when economic necessity dic- tates. Every effort will be made to inform affect teachers of a potential lay-off as early as possible. 2. In order to promote an orderly reduction in personnel when the educational program and curriculum is curtailed, the following procedure shall be used. In the event that a layoff must take place, a higher seniority teacher may make a written request to be identified to receive the layoff notice rather than the lowest seniority teacher. The final decision will be determined by the Board of Education. a. Probationary employees shall be laid off first where any teacher who has acquired any seniority and whose position has been curtailed is certified to perform the ser- vices of the probationary teacher. b. In the event seniority teachers must be laid off, layoff shall be on the basis of sen- iority. In case of equal seniority, layoffs shall be determined on the basis of knowl- edge, skill, experience, and efficiency on the job as determined by the principal's recommendation. It is expressly understood that the Association shall have a right to review the layoff list prior to notification of the individuals to be laid off. In the event of a general cutback or reduction of teaching staff through dispute concerning the layoff from employmentlist, the following procedures will be utilizedAssociation shall have the right to file a written grievance. 1. Teachers not holding a valid Michigan teaching certificate will be laid off firstc. The Board agrees to indemnify and save the Association, provided there are certified including each individual member, harmless against all claims and qualified teachers to replace and perform all liability that may arise out of or by reason of action by the needed duties Board for the purpose of the laid-off teachercompliance with this Article. 2. If reduction is still necessary, then probationary teachers with the least number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. 3. If further reduction is still necessary, then tenured teachers with the least number of years of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified F. Seniority teachers shall be defined as teachers who hold a valid Michigan teaching certificaterecalled in inverse order of layoff for new positions opening for which they are certified. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to be taught. D. Length of service or seniority is defined as service in the Dexter School System as a member of the bargaining unit. Leaves of absence, with or without pay and absence due to layoff are not to be considered a break in service, but service time shall continue to accrue during periods of paid leave, or periods of layoff only. G. The first day worked shall commence accrual of service time. E. A seniority recall list shall be maintained by the DistrictBoard. Teachers If a teacher is recalled, he/she shall be ranked in order of seniorityrespond within thirty (30) days. Accompanying the name of each teacher Failure to respond shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented forfeit his/her right to the Association annually during the month of October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined by a drawing each year. The Association and teachers so affected shall be notified in writing of the date, place and time of the drawingrecall.