REDUCTION IN STAFF. A. If the Board shall determine that it is necessary to decrease the number of tenured faculty employed by the Board or to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action. B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College. C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated. D. In situations where a faculty member is hired in one department and subsequently moved or deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN STAFF. A. If The Woodhaven Administrators Association recognizes the exclusive right of the Board shall to determine that it monetary and/or operational savings to be achieved by reductions in personnel and/or operations and the exclusive right to determine the area in which reduction will be made. In the event of reduction of administrative personnel, the administrator so affected will be reassigned to a classroom position for which he/she is necessary to decrease certified and qualified, consistent with the number of tenured faculty employed by then effective collective bargaining agreement between the Board and the Woodhaven-Brownstown Education Association. All public school experience previously acquired while a “teacher” within the meaning of Article 1, Section 1, of the Teachers’ Tenure Act, whether within or outside the Woodhaven-Brownstown School District, shall apply to discontinue or reduce some particular type years on the teacher’s salary schedule. It is the intent of teaching service or program, written the Board to give at least ninety (90) days notice of honorable dismissal administrative reductions prior to the expiration of the current school year. For those administrators hired before July 1, 2011, reductions in personnel shall be by District seniority, certification, and qualifications. The term “qualifications” as used herein refers to those criteria contained within each bargaining unit job description. For those administrators hired on or after July 1, 2011, reductions in personnel shall be based first on certification and qualifications, and then by seniority of the reason for dismissal member as a Woodhaven-Brownstown School District administrator. District seniority will be used as a tie-breaker. The term “qualifications” as used herein refers to those criteria contained within teach bargaining unit job description. Recall of administrators displaced due to reduction will be in reverse order of reduction of administrative staff, assuming certification and qualifications are met. An administrator previously displaced due to reduction of staff shall be given first opportunity over a new hire for reinstatement to all affected faculty members and the Union by personal service same position or by certified mail, and as required by law. In such instances, to any administrative or supervisory vacancy for which the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, determines he/she shall submit is certified and qualified. Any misapplication of the above Board’s rights which affects a written request layoff or termination of any member of the Association that might be construed as set forth in Article 39 of this Agreement arbitrary by November 1 of each academic year the Association will be subject to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the Collegegrievance procedure.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated.
D. In situations where a faculty member is hired in one department and subsequently moved or deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
REDUCTION IN STAFF. A. If The Board shall carry out reductions of force in accordance with Michigan statutes and the rules and regulations of the Michigan Department of Education, and the same shall be subject to the first three levels of the Grievance Procedure only, and in no event subject to arbitration.
B. When the Board shall determine determines that it is necessary to decrease a reduction in the number of tenured faculty Administrators must be made, it shall be made on the basis of the needs of the District and the needs of the students.
C. Should it become necessary to reduce the number of Administrators employed by and there should be more than one administrator in the same job classification (i.e., high school principal, middle school principal, elementary school principal, secondary assistant principal, assistant director) the administrators in the reduced classification will be laid off in accordance with Board Policy regarding reduction of staff. Should reassignment or to discontinue or reduce some particular type reclassification occur as a result of teaching service or programreduction in the number of Administrators, the Administrator shall receive salary and benefits not less than those set forth within the Administrators Individual Employment Contract for the duration of that contract.
D. Administrators laid off through the procedure as stated in this Article be recalled in accordance with Board policy and regulation.
E. The Board shall give written notice of honorable dismissal and the reason for dismissal shall be given recall from layoff by sending a registered or certified letter to all affected faculty members and the Union by personal service or by certified mailsaid Administrator, and as required by law. In such instances, the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and at his/her Union representative to provide notice of last known address. The Administrator’s address as it appears on the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals Board’s records shall be conclusive when used in inverse order connection with layoffs, recall or other notice to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty membersAdministrator. If the number of years of service are the same, the selecting of the tenured faculty member(s) an Administrator fails to be affected shall be within the discretion of the Board. Should a faculty member desire report to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued work within ten (10) calendar days from receipt date of the faculty member’s request. If deemed qualified for another academic discipline/departmentrecall, unless an extension is granted in writing by the faculty member’s placement will Board, said Administrator shall be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If considered as a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuatedvoluntary quit. The timelines included herein may be extended by mutual agreement of the Union individual’s employment contract and the College.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If any other employment relationship with the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, be deemed terminated. Transfer requests will be processed prior to recall requests.
F. Each Administrator is responsible for keeping the beginning Employer advised in writing of any change of address and will not be excused for failure to report for work on recall if he/she fails to receive recall notice because of his/her own failure to advise the Employer in writing of his/her change of address.
G. The Board’s obligation to pay salary or fringe benefits pursuant to provisions of this Master Agreement for any laid off Administrator’s individual or supplemental contract of employment, as well as all benefits under this collective bargaining agreement, shall terminate at the end of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notifiedindividual’s contract. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated.
D. In situations where a faculty member is hired in one department and subsequently moved or deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN STAFF. A. If Before the Board makes any reduction in personnel, hours or runs because of finances or student enrollment, it will first consult with the Union regarding the effects of such reductions.
B. Xxxxxx and recall of employees shall determine that it be by job classification seniority and the following order shall be followed. A reduction of hours does not constitute a layoff.
1. Temporary employees
2. Probationary employees
3. When more than one employee is necessary to decrease hired on the number of tenured faculty employed same day, seniority shall be determined by the Board or original lottery, except in Transportation.
4. An employee on scheduled layoff shall have the right to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate non-tenured faculty members who are displace an employee with lesser seniority in the affected areas(s) prior same job classification.
5. The employee removed from that classification will be returned to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative former classification, providing he/she has sufficient service to provide notice displace the employee in his former classification with a lesser amount of the recommended reduction actionservice. (The employee(s) bumped may then exercise their seniority right).
B. If tenured faculty must 6. Remaining seniority employees within the classification affected shall then be affected, all such honorable dismissals laid off in the order of their classification seniority within the affected classification.
7. Employees hired under Federal or State Job Training programs shall be laid off before any regular employee and shall be subject to recall only for a period equal to the time employed under the Job Training Program.
C. The order of recalling the laid off employee shall be in inverse the reverse order in which the employees are laid off.
D. Laid off seniority employees shall be recalled to their job classification equal to or higher in number of hours or rate to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for job from which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she was laid off. Failure to take such offered work shall submit a written request as set forth result in Article 39 loss of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” seniority and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the Collegetermination.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment E. Notices of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer recall shall be sent by certified or registered mail and email to the faculty member's employee’s last known mailing address as shown on the Board’s records and it shall be the obligation of the employee to provide the Board with a current email address, current address and telephone number. If the notified faculty member(sA recalled employee shall give notice of his intent to return to work within three (3) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar consecutive working days of receipt of such offer of reemploymentnotice and shall return within seven (7) working days or his/her employment shall be terminated without recourse to this agreement.
F. In the event an immediate recall is necessary, the Board's obligations hereunder Board may call upon the laid off employee(s) either personally or by telephone, until such an available employee is located and able to return to work immediately. Upon failure to contact, the procedure in sub-section (C) will govern.
G. All employees on lay-off shall be terminatednotified at their last known address by U.S. mail of openings within the bargaining unit and those interested must respond by the closing date of the posting for consideration.
D. In situations where H. Employees on lay-off shall be afforded the opportunity to substitute if they so desire and shall be paid the regular substitute rate.
I. Employees seniority at the time of lay-off shall be frozen after one year of lay-off.
J. When on lay-off, an employee (when permitted by the insurance company and the Consolidated Omnibus Budget Reconciliation Act of 1985) may continue insurance benefits providing the school with a faculty member is hired check or money order for the proper amount made out to the insurance company involved.
K. Employees who have a direct role in one department and subsequently moved or deemed qualified to teach processing grievances shall be retained in another departmenttheir classification during layoffs, the faculty member regardless of seniority. A list of those employees will be listed provided annually by the Union.
L. If a layoff would affect an employee on leave, sick or personal, that employee’s seniority shall also be frozen. Employees on sick or personal leave shall be covered by the Reduction in both departments provided they are qualified to teach pursuant to Staff Article 3913.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN STAFF. A. If Termination of a continuous appointment because of financial exigency or because of cutbacks in a program shall be based on seniority and the Board required credentials to teach in the field of qualification. Tenured faculty members shall determine that it is necessary not be subject to decrease the number of reduction in force if following such reduction there would remain in employment any less senior tenured faculty employed by the Board member or to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate any non-tenured faculty members who are in member (full-time or part-time) teaching courses which the affected areas(s) prior to terminating any tenured faculty so involvedmember is fully qualified and credentialed to teach (pursuant to Section 5.5.8.2 of this Article) and which courses could be feasibly scheduled as an individual teaching load. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to increases the number of years faculty or reinstates the discontinued position within two academic years, tenured faculty will be given first priority for reinstatement insofar as they are qualified to hold such positions. The member of continuous fullthe bargaining unit will be eligible to move to the next step of the schedule had the member been eligible to make such a move at the time of termination or to that step he would have been eligible for had this been an initial placement. All other benefits held on the date of termination shall be reinstated and also effective on the date of re-time service hire.
5.5.8.1 College-wide Seniority and Retention of Employment For purpose of retention of employment in the event of reduction in size of the faculty due to the elimination of the courses for which the faculty member is qualified and credentialed to teach (or reduction of services for GAP advising/library faculty), the least senior member in the field of qualification shall be the first to be discharged using seniority as defined by 7.3.6.1.
5.5.8.2 The qualifications of a faculty member to teach specific courses or particular fields shall be reviewed by a committee based on the current established and published hiring standards at the College. At least two-thirds of the committee shall be faculty members appointed by the Union President or designee. The other members of the committee shall be appointed by the President of the College or designee. The committee will serve in an advisory role and make recommendations to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of President regarding the faculty member’s request qualifications and credentialing plan per Section 5.5.8.4.
5.5.8.3 The Board shall make every effort to determine whether the apprise tenured faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction members of intention to totally discontinue a program and, except in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s requestan emergency, a reason notice of such intention shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic calendar year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt advance of such offer of reemployment, the Board's obligations hereunder shall be terminateddiscontinuance.
D. In situations where 5.5.8.4 Nothing in this Agreement shall preclude an individual understanding or contract of whatsoever nature between the Board and a faculty member is hired with respect to the retraining of such faculty member, provided such understanding or contract shall otherwise be in one department and subsequently moved or conformity with this Agreement. Any period of retraining shall be deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.a leave of absence. ARTICLE SIX: LEAVES OF ABSENCE
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN STAFF. A. If Termination of a continuous appointment because of financial exigency or because of cutbacks in program shall be based on seniority and the Board required credentials to teach in the field of qualification. Tenured faculty members shall determine that it is necessary not be subject to decrease the number of reduction in force if following such reduction there would remain in employment any less senior tenured faculty employed by the Board member or to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate any non-tenured faculty members who are in member (full-time or part-time) teaching courses which the affected areas(s) prior to terminating any tenured faculty so involvedmember is fully qualified and credentialed to teach (pursuant to Section 5.5.8.2 of this Article) and which courses could be feasibly scheduled as an individual teaching load. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to increases the number of years faculty or reinstates the discontinued position within two academic years, tenured faculty will be given first priority for reinstatement insofar as they are qualified to hold such positions. The member of continuous fullthe bargaining unit will be eligible to move to the next step of the schedule had the member been eligible to make such a move at the time of termination or to that step he would have been eligible for had this been an initial placement. All other benefits held on the date of termination shall be reinstated and also effective on the date of re-time service hire.
5.5.8.1 College-wide seniority and retention of employment For purpose of retention of employment in the event of reduction in size of the faculty due to the elimination of the courses for which the faculty member is qualified and credentialed to teach (or reduction of services for counseling/library faculty), the least senior member in the field of qualification shall be the first to be discharged using seniority as defined by 7.3.10.1.
5.5.8.2 The qualifications of a faculty member to teach specific courses or particular fields shall be reviewed by a committee based on the current established and published hiring standards at the college. At least two-thirds (2/3) of the committee shall be faculty members appointed by the Union President or designee. The other members of the committee shall be appointed by the President of the College or designee. The committee will serve in an advisory role and make recommendations to the College as a faculty President regarding the Faculty member. A list called the “Seniority List for Reduction in Staff” ’s qualifications and credentialing plan per Section 5.5.8.4.
5.5.8.3 The Board shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each make every effort to apprise tenured faculty position by academic discipline and the rank members of each tenured faculty member. The use intention to totally discontinue a program and, except in an emergency, notice of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason such intention shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic calendar year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt advance of such offer of reemployment, the Board's obligations hereunder shall be terminateddiscontinuance.
D. In situations where 5.5.8.4 Nothing in this Agreement shall preclude an individual understanding or contract of whatsoever nature between the Board and a faculty member is hired with respect to retraining of such faculty member, provided such understanding or contract shall otherwise be in one department and subsequently moved or conformity with this Agreement. Any period of retraining shall be deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39a leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN STAFF. A. If 11.1 When any of the following reasons apply to the School District, the Board shall determine that it is necessary to decrease may reasonably reduce the number of tenured faculty employed by teachers and/or teaching positions:
a. Return to duty of regular teachers after leaves of absence;
b. Suspension of schools;
c. Territorial changes affecting the Board or to discontinue or reduce some particular type District;
d. Decreased enrollment of teaching service or program, written notice of honorable dismissal and pupils in the reason District;
e. Financial reasons.
11.2 Having made a determination that such reduction is made for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instancesabove reasons, the Board Superintendent shall first terminate non-tenured faculty members who are in inform the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice Association of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence decision at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has least thirty (30) calendar days from receipt prior to the Board meeting at which action shall be taken on the reduction.
11.3 Accompanying that notice, the Association shall receive a list of all teachers to be reduced which shall include the tenure of the faculty memberteacher at the time of notification; area of certification; present teaching assignment; and building assignment.
11.4 In making such reduction:
(a) the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall, within each teaching field affected, give preference first to teachers on continuing contracts, and then to teachers who have greater seniority within the school system as defined herein.
(b) Limited by certification, bumping rights shall accrue to teachers within their respective contract status groups (continuing/ limited). A teacher with limited contract status may not exercise bumping rights over a teacher with continuing contract status who has the necessary certification to fill the same position.
11.5 On a case by case basis, in lieu of suspending a contract in whole, the Board may suspend a contract in part, so that an individual teacher is required to work a percentage of the time he or she otherwise is required to work under the teacher’s request existing contract and receive a commensurate percentage of the full compensation which the teacher would otherwise receive under that contract.
11.6 Teachers whose continuing contracts are suspended by the Board pursuant to determine whether this Article shall have the faculty member meets right of restoration to continuing service status by the minimum qualifications Board, if and when teaching positions become vacant or are created for placement which any of such teachers are or become qualified.
11.7 No teacher whose continuing contract has been suspended pursuant to this Article shall lose that right of restoration to continuing service status by reason of having declined recall to a position that is less than full-time or, if the teacher was not employed full-time just prior to suspension of the teacher’s continuing contract, to a position requiring a lesser percentage of full-time employment than the position the teacher last held while employed in the District.
11.8 Teachers whose contracts have been suspended pursuant to this Article shall have recall rights in the following order:
a. Teachers with continuing contract status by certification in order of seniority.
b. If the vacant position cannot be filled from teachers with continuing contract status, then teachers with non-continuing contract status licensed in the subject matter in order of seniority.
c. When a recall is made for a vacancy, the eligible teacher next on the “Seniority List for Reduction recall list will be notified in Staff” and to notify writing by certified mail at the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason shall be address last provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review Treasurer of the denial by the Vice President for Educational Affairs, District. Any teacher who will make the College’s final determination as described fails to respond in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior writing to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail Treasurer or Superintendent within ten seven (107) calendar days of receipt the mailing of such said letter or who refuses an offer to a position for which the teacher is certified or otherwise qualified will lose all recall rights.
d. In any event, all rights of reemploymentrecall shall expire within four (4) years after the date of suspension of the teacher’s contract.
e. While subject to recall, it shall be the obligation of the teacher to notify the Board through the Superintendent of any changes in the teacher’s certification following lay-off.
11.9 During the term of this Master Agreement, the Board shall make every reasonable effort to avoid laying off staff (reducing employees from active positions). Efforts shall be made to utilize alternative procedures in lieu of reducing staff. Such alternatives may include attrition of positions by not replacing employees who resign, retire, take leave of absence, transfer, die or are lawfully terminated. However, the Board's obligations hereunder , in its discretion, engage in a reduction in force in accordance with the terms and procedures of this Article. Any employee who may be subject to a reduction in force shall be terminatedprovided thirty (30) days written notice prior to the Board meeting in which the Board will take action to reduce staff.
D. In situations where a faculty member is hired 11.10 Notwithstanding any provision to the contrary in one department and subsequently moved or deemed qualified to teach in another departmentChapter 4117 of the Ohio Revised Code, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39requirements of section ORC 3319.17 prevail over any conflicting provisions of this Agreement.
Appears in 1 contract
Samples: Master Agreement
REDUCTION IN STAFF. A. If Termination of a continuous appointment because of financial exigency or because of cutbacks in a program shall be based on seniority and the Board required credentials to teach in the field of qualification. Tenured faculty members shall determine that it is necessary not be subject to decrease the number of reduction in force if following such reduction there would remain in employment any less senior tenured faculty employed by the Board member or to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate any non-tenured faculty members who are in member (full-time or part-time) teaching courses which the affected areas(s) prior to terminating any tenured faculty so involvedmember is fully qualified and credentialed to teach (pursuant to Section 5.5.8.2 of this Article) and which courses could be feasibly scheduled as an individual teaching load. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to increases the number of years faculty or reinstates the discontinued position within two academic years, tenured faculty will be given first priority for reinstatement insofar as they are qualified to hold such positions. The member of continuous fullthe bargaining unit will be eligible to move to the next step of the schedule had the member been eligible to make such a move at the time of termination or to that step he would have been eligible for had this been an initial placement. All other benefits held on the date of termination shall be reinstated and also effective on the date of re-time service hire.
5.5.8.1 College-wide seniority and retention of employment For purpose of retention of employment in the event of reduction in size of the faculty due to the elimination of the courses for which the faculty member is qualified and credentialed to teach (or reduction of services for GAP advising/library faculty), the least senior member in the field of qualification shall be the first to be discharged using seniority as defined by 7.3.6.1.
5.5.8.2 The qualifications of a faculty member to teach specific courses or particular fields shall be reviewed by a committee based on the current established and published hiring standards at the College. At least two-thirds of the committee shall be faculty members appointed by the Union President or designee. The other members of the committee shall be appointed by the President of the College or designee. The committee will serve in an advisory role and make recommendations to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of President regarding the faculty member’s request qualifications and credentialing plan per Section 5.5.8.4.
5.5.8.3 The Board shall make every effort to determine whether the apprise tenured faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction members of intention to totally discontinue a program and, except in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s requestan emergency, a reason notice of such intention shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic calendar year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt advance of such offer of reemployment, the Board's obligations hereunder shall be terminateddiscontinuance.
D. In situations where 5.5.8.4 Nothing in this Agreement shall preclude an individual understanding or contract of whatsoever nature between the Board and a faculty member is hired with respect to the retraining of such faculty member, provided such understanding or contract shall otherwise be in one department and subsequently moved or conformity with this Agreement. Any period of retraining shall be deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39a leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN STAFF. A. If 1. In the Board shall determine that event it is becomes necessary to decrease reduce the number of tenured faculty employed employees included in the bargaining unit defined in Article 1, employees shall be laid off within job categories in the inverse order of seniority. If a position is to be cut by reducing hours per day and/or per week, the affected employee may bump a less senior employee in a position in the same category that allows the affected employee to retain his/her original work hours to the greatest extent possible.
2. The bargaining unit shall be divided into two job categories: Instructional and School Support Paraeducator and Specialized Support Paraeducator. For the job description of each of these two job titles, see Appendix H.
3. Seniority shall be defined as the employees’ length of service and years, months, and days in the bargaining unit.
4. The Committee will publish a seniority list to the members of the bargaining unit by January 1 of each school year.
5. All paraprofessionals shall be notified by the Board last working day in June as to whether or to discontinue or reduce some particular type not they will be re-employed in September. All members of teaching service or program, written the bargaining unit who receive no notice of honorable dismissal layoff in June shall be deemed re-employed for the following school year. Starting in the 2021-2022 school year, paraeducators will have just cause after completing a five (5) year “Developing Paraeducator” period. Starting September 1, 2021 all paraeducators, regardless of their seniority, will enter the first (1st) year of the five (5) year “Developing Educator” period. Paraeducators who have not completed their Developing Paraeducator period may be nonrenewed without cause at the end of a school year.
6. Employees who have been laid off shall be entitled to recall rights to positions they previously performed for a period of two years from the effective date of their respective layoffs. During the recall period, employees shall be notified by certified mail at their latest address of record and given preference for positions as they develop in the reason for dismissal inverse order of their respective layoffs, and all benefits to which employee was entitled at the time of layoff shall be restored in full upon re-employment within recall period. During the recall period employees who have been laid off shall be given to all affected faculty members and preference on the Union by personal service or by certified mail, and as required by lawsubstitute list if they so desire. In such instances, the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and Xxxx shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to be eligible for recall under this provision the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of employee must have two (2) years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach defined in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division xxxx. The division xxxx has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division xxxx denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the Collegesubsection 3 above.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated.
D. In situations where a faculty member is hired in one department and subsequently moved or deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.
Appears in 1 contract
Samples: Collective Bargaining Agreement