Common use of REDUCTION OF STAFF Clause in Contracts

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 3 contracts

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

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REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length FOR DISCONTINUANCE OF PROGRAMS AND FINANCIAL EXIGENCY 14.1 Whenever the discontinuance of service as a bus driver faculty is contemplated for reasons consonant with the Districtlong-range educational mission of the University or for what the Administration believes to be a bona fide financial exigency, the procedures below shall be followed. 14.2 Should the Administration determine that the fiscal position of the University has deteriorated to an extent which warrants informing the Board of Trustees of a financial exigency that may require a reduction in the faculty, the Administration shall notify the AAUP promptly. 14.3 At a time mutually agreeable to both parties, but in no case less than five (5) days before presentation to the Board of Trustees, a meeting shall be held between the President of the University, the Xxxxxxx, the appropriate Vice President or Vice Provosts, and the AAUP for the purpose of reviewing the entire budgetary outlook of the University. The President, the Xxxxxxx, and the appropriate Vice President or Vice Provosts shall document the financial position of the University and its reasons for its declaration to the AAUP along with recommendations for alleviating the situation. 14.4 At that or a subsequent meeting, but prior to the meeting with the Board, the AAUP may present to the Xxxxxxx its own recommendations for resolving the exigency, in the hope that the recommendations given to the Board are the joint recommendations of the parties. 14.5 In the event that the Administration wishes to present to the Board recommendations with which the AAUP does not concur, the AAUP shall be allowed to present to the Board or the appropriate committee of the Board its own recommendations prior to the time when the Board is to determine what course of action it shall take. 14.6 If the course of action adopted by the Board requires discontinuation or consolidation of existing programs with the resultant elimination of faculty, the Xxxxxxx, the AAUP, the Deans of the affected schools, the Head(s) of the affected department(s), and a faculty representative chosen by the Senate Executive Committee shall meet to identify faculty whose termination is to be recommended to the Xxxxxxx. In the course of such discussions regarding which faculty shall be terminated, the participants shall take into consideration, and where possible recommend, such things as shared or reduced load with proportionate reduction in salary, administrative assignment, the feasibility of early retirement, and the possibility of reassigning the faculty member, provided he/she is suitably qualified, to another unit of higher education. 14.7 The following criteria shall apply to the identification of faculty whose termination is to be recommended: A. Except where demonstrable and serious distortion of an academic program would result, non-tenured faculty in an affected program will be terminated before any tenured faculty member is terminated. B. In the event staff reduction becomes necessaryidentifying tenured faculty whose termination is to be recommended, the District will release personnel in following shall be taken into account: the inverse order academic needs of their the affected program(s); the merit of the affected faculty as attested by peer reviews of scholarship, teaching, and service; the length of service but may give of the affected faculty; and the Affirmative Action aims of the University. C. In all cases requiring the termination of faculty, primary consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. given to the University's responsibility to offer an appropriate range of courses and programs. 14.8 The ATU following procedure shall govern the case of any faculty member whose termination is recommended to the Xxxxxxx: A. Prompt notice of the recommendation to terminate will be provided given. B. The faculty member given such notice shall have the opportunity right to consult with a hearing under the District when grievance procedure specified in Article XV.S. of the necessity University of such reductions is determined. Whenever possibleConnecticut Laws and By-Laws, (Revised June 20, 2006). 14.9 If because of financial exigency the University terminates appointments, it will not at the same time make new appointments in the same department except where a serious distortion in a program of the University would otherwise result. 14.10 In all cases of termination because of financial exigency or program discontinuance, the place of the faculty member concerned will not be filled by a replacement within a period of two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employeesyears. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for A. During a period of three two (32) years from the date of termination, the terminated faculty member shall be offered reemployment in the same position should the position be restored. Employees Any faculty member so recalled by shall have thirty (30) days in which to accept such offer. Both the District offer of reemployment and its acceptance or rejection shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled made by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreementregistered mail. F. By May 30B. If a faculty member was enrolled in a health insurance program at the time of layoff during the recall period, he/she shall be entitled to purchase health insurance benefits for up to seventy-eight (78) weeks following the layoff at the group rate in effect for the bargaining unit. C. A tenured faculty member who has received notice of layoff as the result of financial exigency shall be entitled during his/her period of notice up to $1,000 for reimbursement for fees charged by professional placement or occupational counseling services. Such fees shall be deducted from the Professional Development Fund in 19.IV. D. A tenured faculty member who has received notice of layoff shall be entitled during his/her period of notice and recall to reimbursement for coursework for up to $1,500 per semester. The cost of reimbursement shall be deducted from the Professional Development Fund in 19.IV.F. 14.12 Standards of Notice for Tenured and Tenure-Track Employees A. In all cases of termination or program discontinuance because of financial exigency, the District following standards of final notice or severance salary in lieu thereof shall attempt to notify employeesapply: In the first year of service, whose work years correspond with three (3) months; in the school yearsecond, third or fourth year of service, six (6) months; after the intended employment status with the District for the following school fourth year of service, one (1) year. Failure by the District Tenured faculty shall be entitled to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.fifteen

Appears in 3 contracts

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

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessarythat the Board decides to reduce the number of employees through layoff of employment, or to reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate a position or positions, the District will release personnel Board shall lay off last those teachers with a Michigan Teaching Certificate or appropriate credential having longest service in the inverse order District and who are qualified to teach the positions remaining. 1. The phrases "longest service in the District" or "number of their length years in the system" shall be computed from the last day of service but may give consideration hire and shall not be interrupted by leaves of absence approved by the Board or transfer to special qualifications administrative positions, subject, however, to Paragraph H(4). 2. Qualified teachers are those teachers who meet the minimum requirements under ESEA/NCLB and experience, and minority employmentthe Michigan Department of Education. 3. In cases where teachers are equally qualified and have the absence same number of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided years in the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; howeversystem, the District may assign employees from a higher classification Board shall have the right to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee determine who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; laid off, provided, however, they are qualified such action shall not be contrary to the priorities established under the Teachers' Tenure Act or its successor law. 4. The Board shall give twenty-one (21) or more calendar days' notice of such layoff to the Association and to the employees involved. B. A teacher laid off pursuant to this Article shall not be entitled to pay for fringe benefits while on layoff, it being understood that layoff will terminate individual contracts. A teacher that has taught the full school year and is laid off at the end of the year will continue to be covered by health, vision, and dental insurance for the assignment. Employees so terminated months of June, July and August as per Article 15(E). C. The Board shall retain such right of have no obligation to recall any nontenure teacher laid off pursuant to this Article or to recall any tenured teacher who has been laid off for a period of three (3) years or more years. D. Tenure teachers shall be recalled in the opposite manner as described in Paragraph A for layoff. E. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said teacher at his/her last known address. It shall be the responsibility of the teacher to notify the Board of any change in address. The teacher's address, as it appears in the Board's records, shall be conclusive when used in connection with layoffs, recall, or any other notice to the teacher. If a teacher fails to provide notice of intent to return within five (5) days from the date of terminationreceipt of the written recall document, said teacher shall be considered a voluntary quit or resignation. Employees so recalled If a teacher fails to report for work within five (5) days of receipt of notification to report to work, unless an extension is granted in writing by the District Board, said teacher shall be considered a voluntary quit and shall thereby completely terminate the individual employment contract and any other employment relationship with the Board. F. In the event of a necessary reduction in staff, the Board agrees to grant requests for voluntary leaves of absence provided that the teaching position(s) or the leave applicant(s) can be filled by another bargaining unit member. Such leave of absence shall not exceed one (1) school year. G. The Board shall publish a seniority list and distribute it to all teachers by October 15 of each year. 1. Teachers shall be listed in order, starting with the teacher with the longest service in the bargaining unit. 2. The seniority list shall also list the teacher's longevity credit and certification with majors/minors. H. Seniority shall accrue from the first day of work as a bargaining unit member. 1. A part-time teacher shall accrue seniority on a prorated basis. 2. A teacher in a job-share position, under the terms of Article 18, shall accrue seniority as if employed full time. 3. A teacher on an approved unpaid leave of absence under terms of this Agreement shall not accrue seniority while on leave, except as provided in this Agreement. 4. Administrators shall not accrue seniority while in administrative positions. If a teacher becomes an administrator and later returns to the bargaining unit, he/she shall be reinstated with the seniority rights accumulated as he/she had at the time he/she left the bargaining unit. I. Seniority shall be lost upon severance of the date of their termination. Any employee recalled by employment relationship between the District for a position comparable to teacher and the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and AgreementDistrict. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessarythat the Board decides to reduce the number of employees through layoff of employment, or to reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate a position or positions, the District will release personnel Board shall lay off last those teachers with a Michigan Teaching Certificate or appropriate credential having longest service in the inverse order District and who are qualified to teach the positions remaining. 1. The phrases "longest service in the District" or "number of their length years in the system" shall be computed from the last day of service but may give consideration hire and shall not be interrupted by leaves of absence approved by the Board or transfer to special qualifications administrative positions, subject, however, to Paragraph H(4). Move to G. 2. Qualified teachers are those teachers who meet the minimum requirements under ESEA/NCLB and experience, and minority employmentthe Michigan Department of Education. 3. In cases where teachers are equally qualified and have the absence same number of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided years in the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; howeversystem, the District may assign employees from a higher classification Board shall have the right to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee determine who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; laid off, provided, however, they are qualified such action shall not be contrary to the priorities established under the Teachers' Tenure Act or its successor law. 4. The Board shall give twenty-one (21) or more calendar days' notice of such layoff to the Association and to the employees involved. B. A teacher laid off pursuant to this Article shall not be entitled to pay for fringe benefits while on layoff, it being understood that layoff will terminate individual contracts. A teacher that has taught the full school year and is laid off at the end of the year will continue to be covered by health, vision, and dental insurance for the assignment. Employees so terminated months of June, July and August as per Article 15(E). C. The Board shall retain such right of have no obligation to recall any nontenure teacher laid off pursuant to this Article or to recall any tenured teacher who has been laid off for a period of three (3) years or more years. D. Tenure teachers shall be recalled in the opposite manner as described in Paragraph A for layoff. E. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said teacher at his/her last known address. It shall be the responsibility of the teacher to notify the Board of any change in address. The teacher's address, as it appears in the Board's records, shall be conclusive when used in connection with layoffs, recall, or any other notice to the teacher. If a teacher fails to provide notice of intent to return within five (5) days from the date of terminationreceipt of the written recall document, said teacher shall be considered a voluntary quit or resignation. Employees so recalled If a teacher fails to report for work within five (5) days of receipt of notification to report to work, unless an extension is granted in writing by the District Board, said teacher shall be considered a voluntary quit and shall thereby completely terminate the individual employment contract and any other employment relationship with the Board. F. In the event of a necessary reduction in staff, the Board agrees to grant requests for voluntary leaves of absence provided that the teaching position(s) or the leave applicant(s) can be filled by another bargaining unit member. Such leave of absence shall not exceed one (1) school year. G. The Board shall publish a seniority list and distribute it to all teachers by October 15 of each year. 1. Teachers shall be listed in order, starting with the teacher with the longest service in the bargaining unit. 2. The seniority list shall also list the teacher's longevity credit and certification with majors/minors. H. Seniority shall accrue from the first day of work as a bargaining unit member. 1. A part-time teacher shall accrue seniority on a prorated basis. 2. A teacher in a job-share position, under the terms of Article 18, shall accrue seniority as if employed full time. 3. A teacher on an approved unpaid leave of absence under terms of this Agreement shall not accrue seniority while on leave, except as provided in this Agreement. 4. Administrators shall not accrue seniority while in administrative positions. If a teacher becomes an administrator and later returns to the bargaining unit, he/she shall be reinstated with the seniority rights accumulated as he/she had at the time he/she left the bargaining unit. I. Seniority shall be lost upon severance of the date of their termination. Any employee recalled by employment relationship between the District for a position comparable to teacher and the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and AgreementDistrict. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/hertheir employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they s/he isthey are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they s/he wasthey were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/her employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as xxxxxxx. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/hertheir employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who is hired to fill a position with a duration of six (6) consecutive months, or less, or to replace a regular employee on an approved leave of absence or absence due to an on- the-job injury. X. A regular employee laid off in accordance with this Agreement who is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17.2 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. H. See the individual appendices for additions and/or exceptions to this Article. I. All temporary employees, including retirees continuing to work, shall be terminated before any full- time employees are laid off within classification.

Appears in 1 contract

Samples: 2020 2023 Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessarythat the Board decides to reduce the number of employees through layoff of employment, or to reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate a position or positions, the District will release personnel Board shall layoff last those teachers having longest service in the inverse order of their length of service but may give consideration district and who are qualified to special qualifications teach the positions remaining. Qualified teachers are those who meet the North Central Association guidelines in grades 7-12 and experience, and minority employmentthose teachers in elementary who are certified for elementary classes. In cases where teachers and have the absence same date of such considerations hire, a drawing will be held by The Board and exemptions, layoff shall be based the Association within 30 days of the start of the school year to determine placement on senioritythe seniority list. The ATU shall teachers so affected will be provided notified of the opportunity to consult with date, place and time of the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the Districtdrawing; provided, however, they are qualified that any layoff action undertaken shall not be contrary to the priorities established under the Tenure Act. The Board shall give twenty-one (21) or more calendar days notice of such layoff to the Association and to the employees involved. X. Xxxxxx pursuant to this article shall terminate the individual employment contract to all non-tenure teachers so discharged and shall suspend for the assignmentduration of the layoff, the Board’s obligation to pay salary or fringe benefits to any tenure teacher so discharged, under the teacher’s individual employment contract or under this collective bargaining agreement. C. The Board shall have no obligation to rehire any non-tenure teacher laid off pursuant to this article. X. Xxxxxx teachers shall be recalled in the opposite manner as described in paragraph A. for layoff. E. The Board shall give written notice to recall from layoff by sending a registered or certified letter to said teacher at his/her last known address. Employees so terminated It shall retain such right be the responsibility of the teacher to notify the Board of any change in address. The teacher’s address as it appears in the Board’s records shall be conclusive when used in connection with layoffs, recall, or any other notice to the teacher. If a teacher fails to report for work within five (5) calendar days from the date of receipt of the letter of recall or thirty (30) days after mailing of recall, unless as extension is granted in writing by the Board, said teacher shall be considered a voluntary quit and shall thereby completely terminate his/her individual employment contract and any other employment relationship with the Board. F. No loss of experience on the salary schedule, or seniority granted by the district shall occur, and a teacher’s accumulated sick leave shall not be cancelled out but shall remain credited to his/her after recall from layoff (not after rehire). All seniority shall be lost after layoff for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreementschool years. F. By May 30, G. Within one month after the District shall attempt to notify employees, whose work years correspond with the commencement of each school year, the Board shall post on the teachers’ bulletin board and in the administrative offices a seniority list. If a teacher does not object to his or her listed seniority date within thirty (30) days following the posting, then the seniority list shall be conclusive for purposes of layoff and recall. H. A teacher’s name shall be removed from the intended employment status with the District for the seniority list, and no rights or privilege, involving layoff or recall shall be extended to such teacher, following school year. Failure by the District to provide such notice a voluntary quit, a dismissal or discharge not reversed, or a layoff of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employeemore than three (3) years.

Appears in 1 contract

Samples: Professional Services

REDUCTION OF STAFF. A. The term “seniority” If, for any reason, the Board determines the necessity to reduce the number of staff members, the Board will determine the number that shall be laid off in this Article shall mean length order to make the best possible adjustment of service as a bus driver with per- sonnel to the Districtnew school program. B. Teachers shall be laid off in program area by seniority. C. The teacher in the specific position being reduced or eliminated shall be the teacher notified of layoff. In the event staff reduction becomes necessarythe position being reduced or eliminated is the same as other positions in the bargaining unit, the District will release personnel teacher in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In position with the absence of such considerations and exemptions, layoff least seniority shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity teacher notified of such reductions is determined. Whenever possible, two (2) weeks written notice layoff. D. A teacher notified of layoff shall be given have the right to each employee to be laid off under replace the provisions of this Article. Persons given such notice may not exercise least senior teacher within the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Articleteacher's certification. E. An employee who is terminated due to such reduction in staff Seniority shall have preference in filling positions within their employee classification be computed from the most recent date of hire at Xxxxx County Central Schools and shall be recalled defined to mean the amount of time of continuous employment to the school district. Seniority shall accrue during various forms of approved leave but for not longer than 1 year. Date of hire shall be defined as the first student day the teacher reports for work. F. The Board shall maintain a seniority list and will furnish the Association with a copy by December 1 of each year of the District contract. Accompanying the name of each teacher on the seniority list shall be date of hire and certification. G. An employee shall lose seniority rights if they retire, resign, are discharged for employment in such classification based upon seniority with the District; provided, however, they cause or are qualified laid off for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from years, except that if a tenure employee is recalled to the date of termination. Employees so recalled by the District same position they shall be reinstated with seniority rights retain all sen- iority accumulated as of the date of their termination. Any employee layoff. H. Changes in a teacher's certification after the first day of the school year following layoff shall not permit the teacher to be recalled by bumping. I. For the District for purposes of this Article, a position comparable teaching load of at least one-half time shall count as if the ser- vice was at full-time teaching. Teachers who work less than half-time will have their seniority prorated. J The Board shall provide at least forty-five (45) calendar days of notice of layoff by handing the employee the layoff notice (in private) or by submitting a certified letter to the employee at their last known address. The Board shall give written notice of recall from layoff by sending a certified letter to said em- ployee at their last known address. Failure to report to work within ten (10) calendar days of receipt of writ- ten notice of recall or to present written notice of a valid reason (illness or emergency) within said ten (10) day period shall constitute a voluntary quit. A return of letter as addressee unknown" shall have the same result. It shall be the responsibility of each employee to notify the Board of any change of address. K. No teacher will be terminated, lose recall rights or seniority if the teacher is, at the time of recall, under contract with another district; except the teacher will be expected to request mutual termination of the contract. If this is not successful, the Board will extend the recall limits to the end of the school year. L. If more than one teacher has the same date of hire, seniority will be determined by the mathematical value of the last four digits of each teacher’s social security number. The teacher with the highest value will be placed highest on the seniority list with other teachers hired on that date ranked correspondingly: the teacher with the second highest total will be ranked one step lower on the list, and so on for all teachers hired on that date. For example: teacher A has a last four digit value of 4892, read as four thousand eight hundred ninety two. Teacher B has a last four digit value of 3742, read as three thousand seven hundred forty two. Teacher A is placed higher on the seniority list. M. Teachers on layoff shall be recalled in order of the most seniority provided the teacher is certified for the vacancy. No new teachers shall be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers who are certified to fill the vacancy, except as provided in Article VIII, D. N. Teachers will have the right to refuse a lesser position than that from which they were terminated and who rejects such an assignment shall relinquish all laid off without losing rights provided in this Article and Agreementto recall. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as xxxxxxx. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who is hired to fill a position with a duration of six (6) consecutive months, or less, or to replace a regular employee on an approved leave of absence or absence due to an on- the-job injury. X. A regular employee laid off in accordance with this Agreement who is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17.2 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. H. See the individual appendices for additions and/or exceptions to this Article. I. All temporary employees, including retirees continuing to work, shall be terminated before any full- time employees are laid off within classification.

Appears in 1 contract

Samples: 2020 2023 Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as xxxxxxx. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/her employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who has worked less than six (6) consecutive months. G. See the individual appendices for additions and/or exceptions to this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” When a reduction of staff (ROS) is necessary, the Board of Education shall determine the areas or departments where staff will be laid off. After that determination is made, the following guidelines will be followed: 1. No tenure teacher shall be dismissed due to ROS until all probationary teachers in this Article shall mean that area or department have been dismissed. 2. Dismissal due to ROS will be based on length of service as within the district. In the event that more than one teacher has the same experience and date of hire, the affected teachers shall participate in a bus driver drawing to determine their position on the seniority list. Date of hire is determined to be the first day an employee reports to work for all employees hired after 9/15/81. B. Teachers dismissed due to ROS may relocate in other departments in accordance with the following guidelines: 1. Tenure teachers shall have the first priority based on seniority. 2. Tenure teachers so affected shall bump other teachers. 3. Bumping order for High School, Middle School and Elementary Art, Music and Physical Education teachers will be: a. First bump must be the lowest seniority person in the teacher's major. b. Second bump is lowest seniority person in the teacher's minor. c. Third bump is lowest seniority person in the teacher's certification. If the third bump is in effect then the teacher will be required to take six (6) hours of course work each year after bumping into an area for which no major or minor is held. One half of the tuition will be paid by the District. B. 4. Bumping order for elementary teachers will be: a. First bump must be the lowest seniority elementary teacher. b. Second bump is lowest seniority person in teacher's certification. 5. The Board shall not create any departments to fit secondary areas of any teachers subject to relocation. C. Reasons for reduction in teacher personnel shall be limited to reduction in student enrollment, shortage of revenue, or acts of God. "Acts of God" shall be defined as any condition not within the control of the Board, making it a practical impossibility to operate one or more schools. D. In the event staff reduction it becomes necessarynecessary to reduce the number of teachers through layoff of employment, or to reduce the number of teachers in a given subject area, field, or program, or eliminate or consolidate positions, the District will release personnel order of lay-off shall be determined by the agreed upon seniority list. However, such action shall not be contrary to Section A. The Board shall give notice at the earliest time possible. E. Any teacher on lay-off shall be recalled in the inverse order of their length of service but may give consideration to special qualifications lay-off provided they are certified and experience, and minority employmentqualified for the vacancy. In the absence of such considerations and exemptions, layoff No new teacher shall be based on seniorityemployed by the Board while there are teachers who are laid-off unless there are no laid-off teachers with the proper certification and qualifications to fill any vacancy which may arise. F. The Board shall give written notice of recall from a layoff by sending a registered or certified letter to said teacher at their last known address. It shall be the responsibility of each teacher to notify the Board of any change of address. The ATU teacher's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recalls, or other notice to the teacher. Failure to accept a position within ten (10) days of notice will terminate all recall rights to that position. G. Teachers who are laid off under this Article shall be given priority in teaching substitute assignments. H. A seniority list shall be provided each fall, to be certified by the opportunity to consult with the District when the necessity of such reductions is determinedAssociation. Whenever possible, two (2) weeks written notice of layoff Teachers shall be given to each employee to ranked in order of their last date of hire into a bargaining unit position. Seniority shall be laid off under broken if a teacher resigns, retires, refuses recall, is dismissed for cause, or accepts employment in a district which is outside the provisions bargaining unit. If two or more teachers are hired on the same day, seniority will be determined at the time of this Article. Persons given such notice may not exercise the paid leave provisions hire for position of Article 15, except for sick leave when supported seniority by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employeesdrawing. C. Reductions I. The Teacher Seniority List shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit include all rights certified teacher personnel under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Articlecontract. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” If, for any reason, the Board determines the necessity to reduce the number of staff members, the Board will determine the number that shall be laid off in this Article shall mean length order to make the best possible adjustment of service as a bus driver with personnel to the Districtnew school program. B. Teachers shall be laid off in program area by seniority. C. The teacher in the specific position being reduced or eliminated shall be the teacher notified of layoff. In the event staff reduction becomes necessarythe position being reduced or eliminated is the same as other positions in the bargaining unit, the District will release personnel teacher in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In position with the absence of such considerations and exemptions, layoff least seniority shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity teacher notified of such reductions is determined. Whenever possible, two (2) weeks written notice layoff. D. A teacher notified of layoff shall be given have the right to each employee to be laid off under replace the provisions of this Article. Persons given such notice may not exercise least senior teacher within the paid leave provisions of Article 15, except for sick leave when supported by a doctorteacher’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Articlecertification. E. An employee who is terminated due to such reduction in staff Seniority shall have preference in filling positions within their employee classification be computed from the most recent date of hire at Xxxxx County Central Schools and shall be recalled defined to mean the amount of time of continuous employment to the school district. Seniority shall accrue during various forms of approved leave but for not longer than 1 year. F. The Board shall maintain a seniority list and will furnish the Association with a copy by December 1 of each year of the District contract. Accompanying the name of each teacher on the seniority list shall be date of hire and certification. G. An employee shall lose seniority rights if they retire, resign, are discharged for employment in such classification based upon seniority with the District; provided, however, they cause or are qualified laid off for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from years, except that if a tenure employee is recalled to the date of termination. Employees so recalled by the District same position they shall be reinstated with retain all seniority rights accumulated as of the date of their termination. Any employee layoff. H. Changes in a teacher’s certification after the first day of the school year following layoff shall not permit the teacher to be recalled by bumping. I. For the District for purposes of this Article, a position comparable teaching load of at least one-half time shall count as if the service was at full- time teaching. Teachers who work less than half-time will have their seniority prorated. J The Board shall provide at least forty-five (45) calendar days of notice of layoff by handing the employee the layoff notice (in private) or by submitting a certified letter to the employee at their last known address. The Board shall give written notice of recall from layoff by sending a certified letter to said employee at their last known address. Failure to report to work within ten (10) calendar days of receipt of written notice of recall or to present written notice of a valid reason (illness or emergency) within said ten (10) day period shall constitute a voluntary quit. A return of letter as addressee unknown” shall have the same result. It shall be the responsibility of each employee to notify the Board of any change of address. K. No teacher will be terminated, lose recall rights or seniority if the teacher is, at the time of recall, under contract with another district; except the teacher will be expected to request mutual termination of the contract. If this is not successful, the Board will extend the recall limits to the end of the school year. L. In the event of more than one teacher signing a contract on the same day, seniority will be determined by a draw. M. Teachers on layoff shall be recalled in order of the most seniority provided the teacher is certified for the vacancy. No new teachers shall be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers who are certified to fill the vacancy, except as provided in Article VIII, D. N. Teachers will have the right to refuse a lesser position than that from which they were terminated and who rejects such an assignment shall relinquish all laid off without losing rights provided in this Article and Agreementto recall. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. 1. In the event staff reduction becomes necessarythat the Board decides to reduce the number of employees through lay-off of employment, or to reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate a position or positions, the District will release personnel Board shall lay off last those teachers with provisional or permanent or life teaching certificates having the longest service in the inverse order district and who are qualified to teach the positions remaining. Qualified teachers are those who meet the certification requirements prescribed in the Michigan Teacher Certification Code of their length 1967 as revised. After the Board of service but may give consideration to special Education has determined curriculum, and teacher qualifications and experienceexperience are equal, and minority employmentseniority will prevail. In Then the absence of such considerations and exemptions, layoff Board shall be based on seniority. The ATU shall be provided have the opportunity right to consult with the District when the necessity of such reductions determine who is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15off, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified such action shall not be contrary to the priorities established under the Tenure Act. The Board shall give seven (7) or more calendar days notice of such lay-off to the Association and to the employee involved. 2. Lay-offs pursuant to this section shall terminate the individual employment contract to all non-tenure teachers so discharged and shall suspend for the assignmentduration of the lay-off, the Board's obligation to pay salary or fringe benefits to any tenure teacher so discharged, under the teacher's individual employment contract or under this collective bargaining agreement. 3. Employees so terminated Tenure teachers shall retain such right be recalled in the opposite manner as described in paragraph 1 for lay-off. 4. The Board shall give written notice of recall re-call from lay-off by sending a registered or certified letter to said teacher at his last known address. It shall be the responsibility of the teacher to notify the Board of any change of address. The teacher's address as it appears in the Board's records shall be conclusive when used in connection with lay-offs, recalls, or any other notice to the teacher. If a teacher fails to report for a period of three work within five (35) years working days from the date of termination. Employees so recalled receipt of the letter of recall or thirty (30) days after mailing of recall, unless an extension is granted in writing by the District Board, said teacher shall be reinstated with seniority rights accumulated as considered a voluntary quit and shall thereby completely terminate his individual employment contract. 5. No later than thirty (30) days following the ratification of this Agreement and by October 1 each year thereafter, the employer shall prepare and post in every building of the date of district a Seniority List. Bargaining unit members shall have a thirty (30) day period to meet with the administration concerning changes or adjustments on the Seniority List and/or their terminationplacement on the list. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30Thereafter, the District list shall attempt to notify employees, whose work years correspond with the be final and conclusive for that school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Master Agreement

REDUCTION OF STAFF. A. The term “seniority” In the event it becomes necessary to reduce the number of teachers due to program elimination or reduction to reduce the number of teachers in this Article a given subject area, field or program, or to eliminate or consolidate positions, the Board shall mean length of service as a bus driver follow the procedure listed below: 1. Both parties recognize that even with the Districtneed for staff reduction it is desirable to maintain a well-balanced instructional program. Staff reduction shall take place by laying off first year probationary teachers first, then second year probationary teachers second, then third year probationary teachers third, provided there are fully qualified, fully certified tenured teachers to replace and perform all the needed duties of the laid off teachers. 2. If further reduction is necessary, then tenure teachers with the least number of years of continuous teaching experience in the Montague Area Public Schools will be laid off first, provided there are fully qualified, fully certified teachers to replace and perform all the needed duties of the laid off teachers. 3. The district shall prepare and present to the Association a current seniority list of all teachers by the end of October each year. Included in the list will be the teacher’s first date of work and certification. Teacher’s certification shall be considered that certification which is on file with the school district. B. In Certified" shall be defined, as the event staff reduction becomes necessary, the District will release personnel requirement to hold all certificates and endorsements required by law and/or Michigan Department of education administrative regulations to serve in the inverse order of their length of service but may give consideration position assigned. Failure to special qualifications and experience, and minority employment. In the absence of hold any such considerations and exemptions, layoff certificates or endorsements shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date cause of termination. Employees so recalled by Further it is the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable teacher’s responsibility to the one from which they were terminated file such certificates and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond endorsements with the school year, district. The certification status of the intended employment status a teacher on file with the District school district shall be considered conclusive for all purposes under this contract. 1. The teacher shall provide written notice to the following school yeardistrict of any change to his/her certificate of endorsements after the original filing of same with the school district. Failure This shall include notice of any additional endorsements, certificates, renewals, approvals, as well as expirations, revocations and any limitations thereon. The teacher shall further notify the school district, in writing, in the event that he/she petitions the State Board of Education for nullification or limitation of his/her certificate, one or more endorsements thereon or a grade level certification appearing on the certificate. 2. Provided, that failure to hold proper certification or endorsements shall not be cause for termination under this Article in the event that the teacher has been administratively placed in an assignment for which he/she does not possess the requisite certification and/or endorsement. It is understood that these types of assignments are to be minimized and are further conditioned upon proper approval by the District to provide such notice Michigan Department of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employeeEducation.

Appears in 1 contract

Samples: Master Agreement

REDUCTION OF STAFF. A. The term “seniority” Before official action on reduction of bargaining unit members is taken by the Board, it will give notice of the contemplated action to the Association and afford the Association an opportunity to discuss it. As soon as the teachers to be laid off are known, a list of the teachers shall be provided to the Association. In any year where there are layoffs, ELEA will be given notice of layoffs, assignments, transfers and call-backs in this Article shall mean length of service as a bus driver with the Districttime frame agreed to by both parties. B. In the event it becomes necessary to reduce the number of teachers employed by the Board of Education, such reduction shall be based upon the qualifications as specified in Article XXV, certification and seniority. 1. For purposes of this Agreement, seniority shall be defined as the amount of unbroken service accumulated in a position of teacher in East Lansing Public Schools as based on the teacher’s earliest date of hire into a bargaining unit position. Date of hire shall be the first day a teacher reports to work and receives pay according to the negotiated work year calendar. a. Leaves of absence, with or without pay, and absences due to layoff are not considered as a break in service. b. Time spent in an administrative position in the District shall not be considered a break in service, but seniority shall not accumulate while in an administrative position. c. Days worked in any extracurricular position shall neither accrue seniority nor establish a date of hire. 2. Certification shall be defined as holding a valid teaching certificate as recognized by the State of Michigan. 3. Qualifications shall be determined as specified in Article XXV of this Agreement. C. The last unit members laid off shall be those certified and qualified tenured teachers who have the greatest seniority in the East Lansing District. The Board shall provide at least thirty (30) calendar days notice of layoff to the Association and the affected employees. The order in which layoffs will occur is: 1. Probationary teachers with the least amount of seniority in the East Lansing District shall be laid off first, provided there are more seniored certified and qualified staff reduction becomes necessaryfor available positions. 2. Tenure teachers with the least amount of seniority in the East Lansing District shall be laid off in accordance with Section B, above, provided there are more seniored certified and qualified staff for available positions. 3. No new teachers shall be employed by the Board while there are teachers of the East Lansing District who are laid off, unless none of the East Lansing teachers on layoff is qualified and certified to fill the vacancy. 4. In order for a less senior teacher to be retained in a position, that teacher shall have qualifications and certification in the assigned area which the more senior teacher lacks. When such an occasion should arise, the District Association President will release personnel be advised in advance of the number and category of such teachers. The discretion hereby vested in the inverse order Board shall not be abused. Complaints that the Board has abused its discretion in this respect may be taken up through the grievance and arbitration procedures provided in this Agreement. 5. When the decision to reduce the work force for the upcoming school year occurs prior to noon on the sixth business day before returning teachers are to report for the start of their length the upcoming school year, the Board agrees to reassign more seniored staff to ensure that the least seniored non- probationary employee is laid off, provided there are more seniored certified and qualified staff for available positions. After that time and during the school year, any layoffs will be implemented by identifying the position which is to be eliminated and placing the affected teacher in a position for which they are certified and qualified which is held by a less seniored teacher. If there is no position held by a less seniored teacher for which they are certified and qualified, they will be laid off. 6. When the decision to recall a teacher for the upcoming school year occurs prior to noon on the sixth business day before returning teachers are to report for the start of service but may give consideration the upcoming school year, the Board agrees to special qualifications reassign more seniored staff to ensure that the most seniored nonprobationary teacher on the layoff list is recalled, provided such reassignment allows for a position for which the most seniored nonprobationary teacher on the layoff list is certified and experiencequalified for. After that time and during the school year, teachers shall be recalled, on a seniority basis, to available positions provided they are certified and minority employmentqualified for the open position without any reassignment of staff. Recall procedures shall be implemented before voluntary transfers are considered. 7. The reassignment of staff outlined in C.5. and C.6. above shall not occur during the school year, unless mutually agreed otherwise. D. The Employer shall develop a seniority list and make the appropriate revisions as they occur. The seniority list shall be posted in all buildings by October 30 and April 15 each year. Upon request, the Association President will be provided with the current revised copy of the seniority list. 1. The placement of all individuals on the seniority list as of August 15, 2003 shall be recognized as fixed upon certification by the Association. 2. In the absence case of such considerations more than one teacher having the same date of hire after August 15, 2003, a meeting of the teachers affected, the Human Resources Director and exemptions, layoff the Association President shall be based held to determine the teachers ranking on senioritythe seniority list. Teachers will draw lots to determine their placement. For teachers who are unable or unwilling to participate in the drawing, the Association President will draw on their behalf. 3. The ATU Human Resources Director, in consultation with the Association President, shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written responsible for sending out notice of the seniority placement meeting within thirty (30) days after ratification of this Agreement and as necessary thereafter. E. All seniority is lost if the teacher or administrator 1. resigns 2. retires 3. is discharged and the discharge is not reversed through the grievance procedure. 4. does not return to work when recalled after a layoff shall be given to each employee to be laid off under as specified within the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.Paragraph H.

Appears in 1 contract

Samples: Professional Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as foreperson. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who is hired to fill a position with a duration of six (6) consecutive months, or less, or to replace a regular employee on an approved leave of absence or absence due to an on- the-job injury. X. A regular employee laid off in accordance with this Agreement who is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17.2 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. H. See the individual appendices for additions and/or exceptions to this Article. I. All temporary employees, including retirees continuing to work, shall be terminated before any full- time employees are laid off within classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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REDUCTION OF STAFF. A. The term “seniority” 1. No later than thirty (30) days following the ratification of this Agreement and by October 1 each year thereafter, the employer shall prepare and post in this Article every building of the district a Seniority List. Bargaining unit members shall mean length of service have a thirty (30) day period to meet with the administration concerning changes or adjustments on the Seniority List and/or their placement on the list. Thereafter, the list shall be final and conclusive for that school year. that require teacher certification. Every employee who completes one complete year as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff full time employee shall be based on senioritygranted a total of six (6) points for the year. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and works less than full time shall be recalled by granted a pro rata number of points based on the District for employment in such classification based upon seniority with the District; providednumber of hours worked, however, they are qualified for the assignment. Employees so terminated i.e. a one-half time teacher shall retain such right of recall for a period of be granted three (3) years from points for the date of terminationyear. Employees so recalled Seniority points will be determined by the District number of full time equivalent days taught divided by 180, multiplied by 6, and rounded to the nearest first decimal point. An employee on an involuntary leave of absence, such as a disability, maternity, military shall continue to accrue seniority while on leave of absence. An employee on an approved voluntary leave of absence shall not accrue seniority while on leave, but shall retain the seniority earned prior to such leave. All bargaining unit members shall be reinstated with ranked on the seniority rights accumulated list as above defined. In the circumstance of more than one individual having the same first day of work, all individuals so affected will participate in a drawing to determine placement on the Seniority List. Bargaining unit members so affected will be notified in writing of the time, date and place of their terminationthe drawing. Any employee recalled by The drawing shall be conducted openly and at a time and place that will reasonably allow affected bargaining unit members to be in attendance. In the District event a bargaining unit member attains a number of years of seniority to qualify him/her to move on the list or to enter a group for which a position comparable drawing has been held, that bargaining unit member shall automatically be added to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreementbottom of the group for that year on the list. F. By May 302. All seniority in the bargaining unit shall be lost when employment is severed by resignation, retirement, or discharge for just cause. 3. Administrators shall not accrue seniority in the District bargaining unit, but shall attempt be entitled to notify employeesreinstatement of seniority for bargaining unit positions which were held prior to becoming an administrator, whose work years correspond with if they are returned to active membership in the school yearbargaining unit and their employment in the district has been continuous. 4. Recalled employees shall have all sick leave benefits, experience level on the salary schedule, and other applicable fringe benefits reinstated upon recall. 5. Seniority shall continue to accrue for all those bargaining unit members on military leave, Association leave, or any paid leave of absence. 6. It shall be the policy of the intended employment status with the District for the following school year. Failure by the District district to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employeefringe benefits, including health care during summer months for employees employed.

Appears in 1 contract

Samples: Master Agreement

REDUCTION OF STAFF. A. The term “seniority” When a reduction of staff (ROS) is necessary, the Board of Education shall determine the areas or departments where staff will be laid off. After that determination is made, the following guidelines will be followed: 1. No tenure teacher shall be dismissed due to ROS until all probationary teachers in this Article shall mean that area or department have been dismissed. 2. Dismissal due to ROS will be based on length of service as within the district. In the event that more than one teacher has the same experience and date of hire, the affected teachers shall participate in a bus driver drawing to determine their position on the seniority list. Date of hire is determined to be the first day an employee reports to work for all employees hired after 9/15/81. B. Teachers dismissed due to ROS may relocate in other departments in accordance with the following guidelines: 1. Tenure teachers shall have the first priority based on seniority. 2. Tenure teachers so affected shall bump other teachers. 3. Bumping order for High School, Junior High School and Elementary Art, Music and Physical Education teachers will be: a. First bump must be the lowest seniority person in the teacher's major. b. Second bump is lowest seniority person in the teacher's minor. c. Third bump is lowest seniority person in the teacher's certification. If the third bump is in effect then the teacher will be required to take six (6) hours of course work each year after bumping into an area for which no major or minor is held. One half of the tuition will be paid by the District. B. 4. Bumping order for elementary teachers will be: a. First bump must be the lowest seniority elementary teacher. b. Second bump is lowest seniority person in teacher's certification. 5. The Board shall not create any departments to fit secondary areas of any teachers subject to relocation. C. Reasons for reduction in teacher personnel shall be limited to reduction in student enrollment, shortage of revenue, or acts of God. "Acts of God" shall be defined as any condition not within the control of the Board, making it a practical impossibility to operate one or more schools. D. In the event staff reduction it becomes necessarynecessary to reduce the number of teachers through layoff of employment, or to reduce the number of teachers in a given subject area, field, or program, or eliminate or consolidate positions, the District will release personnel order of lay-off shall be determined by the agreed upon seniority list. However, such action shall not be contrary to Section A. The Board shall give notice at the earliest time possible. E. Any teacher on lay-off shall be recalled in the inverse order of their length of service but may give consideration lay-off provided they are certified and qualified for the vacancy. Highly Qualified criteria established by the No Child Left Behind Act will be used to special qualifications determine teacher certification and experience, and minority employmentqualification. In the absence of such considerations and exemptions, layoff No new teacher shall be based on seniorityemployed by the Board while there are teachers who are laid-off unless there are no laid-off teachers with the proper certification and qualifications to fill any vacancy which may arise. F. The Board shall give written notice of recall from a layoff by sending a registered or certified letter to said teacher at their last known address. It shall be the responsibility of each teacher to notify the Board of any change of address. The ATU teacher's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recalls, or other notice to the teacher. Failure to accept a position within ten (10) days of notice will terminate all recall rights to that position. G. Teachers who are laid off under this Article shall be given priority in teaching substitute assignments. H. A seniority list shall be provided each fall, to be certified by the opportunity to consult with the District when the necessity of such reductions is determinedAssociation. Whenever possible, two (2) weeks written notice of layoff Teachers shall be given to each employee to ranked in order of their last date of hire into a bargaining unit position. Seniority shall be laid off under broken if a teacher resigns, retires, refuses recall, is dismissed for cause, or accepts employment in a district which is outside the provisions bargaining unit. If two or more teachers are hired on the same day, seniority will be determined at the time of this Article. Persons given such notice may not exercise the paid leave provisions hire for position of Article 15, except for sick leave when supported seniority by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employeesdrawing. C. Reductions I. The Teacher Seniority List shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit include all rights certified teacher personnel under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Articlecontract. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. When a reduction of staff is necessary, the Board of Education shall determine the areas or departments where staff will be laid-off. After that determination is made, the following guidelines will be followed: 1. No tenure teacher shall be dismissed due to ROS until all probationary teachers in that area or department have been dismissed. 2. Dismissal due to ROS will be based on length of service within the district. In the event that more than one teacher has the same experience and date of hire, the affected teachers shall participate in a drawing to determine their position on the seniority list. B. Teachers dismissed due to ROS may relocate in other departments in accordance with the following guidelines: 1. Tenure teachers shall have the first priority based on seniority. 2. Tenure teachers so affected shall bump other teachers. 3. Bumping order for Secondary (7-12) and Elementary Art, Music, and Physical Education teachers will be: a) First bump must be the lowest seniority person in the teacher’s major. b) Second bump is lowest seniority person in the teacher’s minor. c) Third bump is lowest seniority person in the teacher’s certification. 4. Bumping order for elementary teachers (K-6) will be: a) First bump must be the lowest seniority elementary teacher. b) Second bump is lowest seniority person in teacher’s certification. 5. The term Board shall not create any departments to fit secondary areas of any teachers subject to relocation. C. Reasons for reduction in teacher personnel shall be limited to reduction in student enrollment, shortage of revenue, or seniorityActs of Godshall be defined as any condition not within the control of the Board, making it a practical impossibility to operate one or more schools. D. The decision as to the existence of cause for a reduction of personnel may be the subject of a grievance. E. In the event it becomes necessary to reduce the number of teachers through lay-off of employment or to reduce the number of teachers in a given subject area, field, or program or eliminate or consolidate positions, the Board shall determine the order of lay-off, provided however, such action shall not be contrary to Section A. F. Any teacher on lay-off shall be recalled in inverse order of lay-off provided they are certified for the vacancy. No new teachers shall be employed by the Board of Education while there are teachers who are laid-off, unless there are no laid-off teachers with proper certification to fill any vacancy which may arise. G. The Board shall give written notice of recall from a lay-off by sending a registered or certified letter to said teacher at their last known address. It shall be the responsibility of each teacher to notify the Board of any change of address. The teacher’s address, as it appears on the Board’s records, shall be conclusive when used in connection with lay-offs, recalls, or other notice to the teacher. Failure to accept a position within ten (10) days of notice will terminate recall rights. H. A teacher, who is laid-off and accepts a teaching position elsewhere before recall and is unable to obtain a release, shall be retained on the recall list in accordance with their accrued seniority for the remainder of the school year in which the recall was made. If a position is available for the next school year and the teacher is able to obtain a release, the teacher must return to or forfeit all recall rights. If no position is then available, the recall right shall be continued. I. Teachers who are laid-off under this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under priority in teaching substitute assignments at the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, substitute teacher rate if they are qualified for the assignmentinterested. Employees so terminated shall retain such right of recall for a period of If there are three (3) years from consecutive denials, the date of termination. Employees so recalled Board is under no obligation to contact again. J. A seniority list shall be provided each fall, to be certified by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and AgreementAssociation. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Management Rights Agreement

REDUCTION OF STAFF. A. The term “seniority” in Board shall give twenty one (21) or more calendar days’ notice of layoff to the Association and to the employees involved. B. A teacher laid off pursuant to this Article shall mean length not be entitled to pay for fringe benefits while on layoff, it being understood that layoff will terminate individual contracts. A teacher that has taught the full school year and is laid off at the end of service as a bus driver with the District. B. In the event staff reduction becomes necessaryyear will continue to be covered by health, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experiencevision, and minority employment. In dental insurance for the absence months of such considerations June, July and exemptions, layoff shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of August as per Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees15(E). C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction in staff Board shall have preference in filling positions within their employee classification and shall be recalled by the District no obligation to recall any non-tenure teacher laid off pursuant to this Article or to recall any tenured teacher who has been laid off for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years or more years. D. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said teacher at his/her last known address. It shall be the responsibility of the teacher to notify the Board of any change in address. The teacher's address, as it appears in the Board's records, shall be conclusive when used in connection with layoffs, recall, or any other notice to the teacher. If a teacher fails to provide notice of intent to return within five (5) days from the date of terminationreceipt of the written recall document, said teacher shall be considered a voluntary quit or resignation. Employees so recalled If a teacher fails to report for work within five (5) days of receipt of notification to report to work, unless an extension is granted in writing by the District Board, said teacher shall be considered a voluntary quit and shall thereby completely terminate the individual employment contract and any other employment relationship with the Board. E. In the event of a necessary reduction in staff, the Board agrees to grant requests for voluntary leaves of absence provided that the teaching position(s) or the leave applicant(s) can be filled by another bargaining unit member. Such leave of absence shall not exceed one (1) school year. F. The Board shall publish a seniority list and distribute it to all teachers by October 15 of each year. 1. The phrases "longest service in the District" or "number of years in the system" shall be computed from the last day of hire and shall not be interrupted by leaves of absence approved by the Board or transfer to administrative positions, subject, however, to Paragraph F(4). 2. Teachers shall be listed in order, starting with the teacher with the longest service in the bargaining unit. 3. The seniority list shall also list the teacher's longevity credit and certification with majors/minors. G. Seniority shall accrue from the first day of work as a bargaining unit member. 1. A part-time teacher shall accrue seniority on a prorated basis. 2. A teacher in a job-share position, under the terms of Article 18, shall accrue seniority as if employed full time. 3. A teacher on an approved unpaid leave of absence under terms of this Agreement shall not accrue seniority while on leave, except as provided in this Agreement. 4. Administrators shall not accrue seniority while in administrative positions. If a teacher becomes an administrator and later returns to the bargaining unit, he/she shall be reinstated with the seniority rights accumulated as he/she had at the time he/she left the bargaining unit. H. Seniority shall be lost upon severance of the date of their termination. Any employee recalled by employment relationship between the District for a position comparable to teacher and the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and AgreementDistrict. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Master Agreement

REDUCTION OF STAFF. A. The term “seniority” If, for any reason, the Board determines the necessity to reduce the number of staff members, the Board will determine the number that shall be laid off in this Article shall mean length order to make the best possible adjustment of service as a bus driver with per- sonnel to the Districtnew school program. B. Teachers shall be laid off in program area by seniority. C. The teacher in the specific position being reduced or eliminated shall be the teacher notified of layoff. In the event staff reduction becomes necessarythe position being reduced or eliminated is the same as other positions in the bargaining unit, the District will release personnel teacher in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In position with the absence of such considerations and exemptions, layoff least seniority shall be based on seniority. The ATU shall be provided the opportunity to consult with the District when the necessity teacher notified of such reductions is determined. Whenever possible, two (2) weeks written notice layoff. D. A teacher notified of layoff shall be given have the right to each employee to be laid off under replace the provisions of this Article. Persons given such notice may not exercise least senior teacher within the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Articleteacher's certification. E. An employee who is terminated due to such reduction in staff Seniority shall have preference in filling positions within their employee classification be computed from the most recent date of hire at Xxxxx County Central Schools and shall be recalled defined to mean the amount of time of continuous employment to the school district. Seniority shall accrue during various forms of approved leave but for not longer than 1 year. Date of hire shall be defined as the first student day the teacher reports for work. F. The Board shall maintain a seniority list and will furnish the Association with a copy by December 1 of each year of the District contract. Accompanying the name of each teacher on the seniority list shall be date of hire and certification. G. An employee shall lose seniority rights if they retire, resign, are discharged for employment in such classification based upon seniority with the District; provided, however, they cause or are qualified laid off for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from years, except that if a tenure employee is recalled to the date of termination. Employees so recalled by the District same position they shall be reinstated with seniority rights retain all sen- iority accumulated as of the date of their termination. Any employee layoff. H. Changes in a teacher's certification after the first day of the school year following layoff shall not permit the teacher to be recalled by bumping. I. For the District for purposes of this Article, a position comparable teaching load of at least one-half time shall count as if the ser- vice was at full-time teaching. Teachers who work less than half-time will have their seniority prorated. J The Board shall provide at least forty-five (45) calendar days of notice of layoff by handing the employee the layoff notice (in private) or by submitting a certified letter to the one employee at their last known address. The Board shall give written notice of recall from which they were terminated and who rejects such an assignment layoff by sending a certified letter to said em- ployee at their last known address. Failure to report to work within ten (10) calendar days of receipt of writ- ten notice of recall or to present written notice of a valid reason (illness or emergency) within said ten (10) day period shall relinquish all rights provided in constitute a voluntary quit. A return of letter as addressee unknown" shall have the same result. It shall be the responsibility of each employee to notify the Board of any change of address. contract with another district; except the teacher will be expected to request mutual termination of the contract. If this Article and Agreement. F. By May 30is not successful, the District shall attempt Board will extend the recall limits to notify employees, whose work years correspond with the end of the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as xxxxxxx. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff xxxxxx and retain the recall rights provided by this Article. E. An X. Xx employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/her employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who has worked less than six (6) consecutive months. G. See the individual appendices for additions and/or exceptions to this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as xxxxxxx. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/her employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who is hired to fill a position with a duration of six (6) consecutive months, or less, or to replace a regular employee on an approved leave of absence or absence due to an on-the-job injury. G. A regular employee laid off in accordance with this Agreement who is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17.2 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. H. See the individual appendices for additions and/or exceptions to this Article. I. All temporary employees, including retirees continuing to work, shall be terminated before any full- time employees are laid off within classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. 16.1 The term “seniority” Board and the Association agree that a reduction of the professional staff of the School District may, at the discretion of the Board, be used to compensate for decreases in this Article shall mean length enrollment, reductions in local financing or in state or federal aid, revised staffing, curriculum revision or bona fide consolidation of service as a bus driver with the Districtschool districts. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff 16.2 The Association shall be based on senioritynotified of any contemplated reduction in staff as soon as possible. The ATU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice Notice of layoff shall be given to each employee to be laid off under the provisions of this Articlecontract will be given to the affected Teacher by no later than April 15th. 16.3 Teachers with the greatest seniority within their district of employment will be given job retention provided such teachers are certified and deemed qualified by the Superintendent for the remaining positions in his/her district of employment. Persons given such notice may Seniority shall be determined by the date upon which a Teacher signed her/his first contract of employment in any district of the Supervisory Union provided, however that seniority shall not exercise the paid leave provisions of Article 15, except for sick leave when supported be broken by a doctor’s statementleave of absence or sabbatical leave, quarantinebut seniority shall not accrue during such leaves. Part time Teachers shall accrue seniority on a pro rata basis. The term qualified as used in this section includes criteria such as: a) The Teacher has taught the subject or grade level, mandatory court appearances or jury duty. This provision applies only to regular employeesa similar grade level; and b) The Teacher has the appropriate license and license endorsement as of April 15th. C. Reductions 16.4 Prior to August 1, staff attrition shall serve to reduce the staff. 16.5 Layoff of a Teacher will be by seniority within made only after a classification; however, meeting between the District may assign employees from a higher classification to a lower classification within an employee groupTeacher involved and the Superintendent at which time the Teacher will be notified of the reasons for the layoff. The District shall not assign employees to Teacher may, at her/his option, have a lower salary level representative of the Association present at such meeting. No Teacher will have her/his position terminated arbitrarily, capriciously, or without a corresponding change rational basis in job assignment or responsibilityfact. D. An employee who rejects an assignment 16.6 A list of equal pay and classification shall, by doing so, forfeit open positions in the Teacher’s district of employment will be made available to all rights Teachers laid off under this Articlesection. An employee offered an assignment Such Teachers may request the positions, in the order of lower classification and salarypreference, due to staff reduction, may elect layoff and which they desire to be transferred or recalled. Teachers will retain the recall rights provided by this Article. E. An employee who is terminated due to such reduction right of first refusal for any position in staff shall have preference in filling positions within their employee classification the district for which they are licensed and shall be recalled deemed qualified by the District for employment in such classification based upon seniority with the District; provided, however, they are qualified for the assignment. Employees so terminated shall retain such right of recall Superintendent for a period of three (3) years from provided the date of termination. Employees so recalled by Teacher notifies the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District Superintendent annually, on or before January 15th, that he/she is available for a position comparable to the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreementrecall. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” Before official action on reduction of bargaining unit members is taken by the Board, it will give notice of the contemplated action to the Association and afford the Association an opportunity to discuss it. As soon as the teachers to be laid off are known, a list of the teachers shall be provided to the Association. In any year where there are layoffs, ELEA will be given notice of layoffs, assignments, transfers and call-backs in this Article shall mean length of service as a bus driver with the Districttime frame agreed to by both parties. B. In the event it becomes necessary to reduce the number of teachers employed by the Board of Education, such reduction shall be based upon the qualifications as specified in Article XXV, certification and seniority. 1. For purposes of this Agreement, seniority shall be defined as the amount of unbroken service accumulated in a position of teacher in East Lansing Public Schools as based on the teacher’s earliest date of hire into a bargaining unit position. Date of hire shall be the first day a teacher reports to work and receives pay according to the negotiated work year calendar. a. Leaves of absence, with or without pay, and absences due to layoff are not considered as a break in service. b. Time spent in an administrative position in the District shall not be considered a break in service, but seniority shall not accumulate while in an administrative position. c. Days worked in any extracurricular position shall neither accrue seniority nor establish a date of hire. 2. Certification shall be defined as holding a valid teaching certificate as recognized by the State of Michigan. 3. Qualifications shall be determined as specified in Article XXV of this Agreement. C. The last unit members laid off shall be those certified and qualified tenured teachers who have the greatest seniority in the East Lansing District. The Board shall provide at least thirty (30) calendar days notice of layoff to the Association and the affected employees. The order in which layoffs will occur is: 1. Probationary teachers with the least amount of seniority in the East Lansing District shall be laid off first, provided there are more seniored certified and qualified staff reduction becomes necessaryfor available positions. 2. Tenure teachers with the least amount of seniority in the East Lansing District shall be laid off in accordance with Section B, above, provided there are more seniored certified and qualified staff for available positions. 3. No new teachers shall be employed by the Board while there are teachers of the East Lansing District who are laid off, unless none of the East Lansing teachers on layoff is qualified and certified to fill the vacancy. 4. In order for a less senior teacher to be retained in a position, that teacher shall have qualifications and certification in the assigned area which the more senior teacher lacks. When such an occasion should arise, the District Association President will release personnel be advised in advance of the number and category of such teachers. The discretion hereby vested in the inverse order Board shall not be abused. Complaints that the Board has abused its discretion in this respect may be taken up through the grievance and arbitration procedures provided in this Agreement. 5. When the decision to reduce the work force for the upcoming school year occurs prior to noon on the sixth business day before returning teachers are to report for the start of their length the upcoming school year, the Board agrees to reassign more seniored staff to ensure that the least seniored non- probationary employee is laid off, provided there are more seniored certified and qualified staff for available positions. After that time and during the school year, any layoffs will be implemented by identifying the position which is to be eliminated and placing the affected teacher in a position for which they are certified and qualified which is held by a less seniored teacher. If there is no position held by a less seniored teacher for which they are certified and qualified, they will be laid off. 6. When the decision to recall a teacher for the upcoming school year occurs prior to noon on the sixth business day before returning teachers are to report for the start of service but may give consideration the upcoming school year, the Board agrees to special qualifications reassign more seniored staff to ensure that the most seniored nonprobationary teacher on the layoff list is recalled, provided such reassignment allows for a position for which the most seniored nonprobationary teacher on the layoff list is certified and experiencequalified for. After that time and during the school year, teachers shall be recalled, on a seniority basis, to available positions provided they are certified and minority employmentqualified for the open position without any reassignment of staff. Recall procedures shall be implemented before voluntary transfers are considered. 7. The reassignment of staff outlined in C.5. and C.6. above shall not occur during the school year, unless mutually agreed otherwise. D. The Employer shall develop a seniority list and make the appropriate revisions as they occur. The seniority list shall be posted in all buildings by October 30 and April 15 each year. Upon request, the Association President will be provided with the current revised copy of the seniority list. 1. The placement of all individuals on the seniority list as of August 15, 2003 shall be recognized as fixed upon certification by the Association. 2. In the absence case of such considerations more than one teacher having the same date of hire after August 15, 2003, a meeting of the teachers affected, the Human Resources Director and exemptions, layoff the Association President shall be based held to determine the teachers ranking on senioritythe seniority list. Teachers will draw lots to determine their placement. For teachers who are unable or unwilling to participate in the drawing, the Association President will draw on their behalf. 3. The ATU Human Resources Director, in consultation with the Association President, shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written responsible for sending out notice of the seniority placement meeting within thirty (30) days after ratification of this Agreement and as necessary thereafter. E. All seniority is lost if the teacher or administrator 1. resigns 2. retires 3. is discharged and the discharge is not reversed through the grievance procedure. 4. does not return to work when recalled after a layoff shall be given to each employee to be laid off under as specified within the provisions of this Article, Paragraph H. 5. Persons given such notice does not return to work on the required date for return from an approved leave of absence. Exceptions due to extenuating circumstances may not exercise be made by the paid leave provisions of Article 15, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances Superintendent or jury duty. This provision applies only to regular employeesdesignee. C. Reductions shall be by seniority within 6. has probationary status and is laid off for two consecutive years without being recalled. F. The Board and Association recognize that on occasion alterations in program or vagaries in enrollment can endanger an individual tenure teacher’s employment. Should such a classification; howevercondition occur, the District tenure teacher may assign employees from enter a higher classification program to a lower classification within equip the teacher for an employee groupalternative assignment with Board encouragement and support. 1. The District shall not assign employees tenure teacher will submit a written proposal to a lower salary level without a corresponding change in job assignment or responsibilitythe Superintendent to the Superintendent’s designee. D. An employee who rejects 2. The Superintendent or the Superintendent’s designee and the ELEA President will confer. If they agree that the tenure teacher’s continuing employment is imperiled, the Board will pay the cost of tuition, books, and normal fees for up to fifteen (15) semester or twenty (20) quarter hours credit specifically chosen to provide an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Articlealternative. E. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification 3. To protect against undue budgetary stress, the Board and Association agree that the total semester-hour commitment for the year will not exceed 60; the total quarter-hour, 80. G. Any teacher on layoff shall be recalled by in inverse order of layoff, provided the District for employment in such classification based upon seniority with the District; provided, however, they are teacher is certified and qualified for the assignmentvacancy. 1. Employees so terminated Should the Board recall out of line of inverse order of layoff, the Association President will be advised in advance of the number and category of such teachers. 2. The discretion hereby vested in the Board shall retain such not be abused. Complaints that the Board has abused its discretion in this respect may be taken up through the grievance and arbitration procedure provided in this Agreement. H. The Board shall give written notice of recall from layoff by sending a certified letter to the teacher’s last-known address. 1. It shall be the responsibility of each teacher to notify the Board of any change of address. The teacher’s address as it appears on the Board’s records shall be conclusive when used in connection with recall or other notice to the teacher. 2. If a teacher fails to respond to the call-back notice within fifteen (15) calendar days from date of sending of the recall notice, said teacher shall be considered as a voluntary quit and shall thereby terminate his/her employment relationship with the Board. I. A laid-off teacher shall lose the right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for when said teacher refuses a position comparable to of at least the one from which they were terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreementsame full-time equivalency held when laid off. F. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee.

Appears in 1 contract

Samples: Employment Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as foreperson. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who is hired to fill a position with a duration of six (6) consecutive months, or less, or to replace a regular employee on an approved leave of absence or absence due to an on- the-job injury. G. A regular employee laid off in accordance with this Agreement who is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17.2 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. H. See the individual appendices for additions and/or exceptions to this Article. I. All temporary employees, including retirees continuing to work, shall be terminated before any full- time employees are laid off within classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION OF STAFF. A. The term “seniority” in this Article shall mean length of service as a bus driver with the District. B. In the event staff reduction becomes necessary, the District will release personnel in the inverse order of their length of service but may give consideration to special qualifications and experience, and minority employment. In the absence of such considerations and exemptions, layoff shall be based on seniority. The ATU DCU shall be provided the opportunity to consult with the District when the necessity of such reductions is determined. Whenever possible, two (2) weeks written notice of layoff shall be given to each employee to be laid off under the provisions of this Article. Persons given such notice may not exercise the paid leave provisions of Article 1516, except for sick leave when supported by a doctor’s statement, quarantine, mandatory court appearances or jury duty. This provision applies only to regular employees. C. B. Reductions shall be accomplished within employee classifications which are within employee groups. For the purpose of this Article, an employee group shall be considered as a category of employees, such as carpenters. An employee classification is a level of assignment within that group, such as xxxxxxx. Reductions shall be by seniority within a classification; however, the District may assign employees from a higher classification to a lower classification within an employee group. The District shall not assign employees to a lower salary level without a corresponding change in job assignment or responsibility. D. C. An employee who rejects an assignment of equal pay and classification shall, by doing so, forfeit all rights under this Article. An employee offered an assignment of lower classification and salary, due to staff reduction, may elect layoff and retain the recall rights provided by this Article. E. D. An employee who is terminated due to such reduction in staff shall have preference in filling positions within their his/her employee classification and shall be recalled by the District for employment in such classification based upon seniority with the District; provided, however, they are s/he is qualified for the assignment. Employees so terminated shall retain such right of recall for a period of three (3) years from the date of termination. Employees so recalled by the District shall be reinstated with seniority rights accumulated as of the date of their termination. Any employee recalled by the District for a position comparable to the one from which they were s/he was terminated and who rejects such an assignment shall relinquish all rights provided in this Article and Agreement. F. E. By May 30, the District shall attempt to notify employees, whose work years correspond with the school year, of the intended employment status with the District for the following school year. Failure by the District to provide such notice of changes in staffing plans following issuance of notification will not interfere with the authority of the District to reassign or terminate an employee. F. This Article shall not apply to employees hired on a temporary basis. A temporary employee is one who is hired to fill a position with a duration of six (6) consecutive months, or less, or to replace a regular employee on an approved leave of absence or absence due to an on- the-job injury. G. A regular employee laid off in accordance with this Agreement who is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17.2 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. H. See the individual appendices for additions and/or exceptions to this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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