Common use of Right of Recall Clause in Contracts

Right of Recall. a. When a position on the staff of the District becomes available, the Board shall recall the employee who has the most seniority among those laid off, provided that the employee possesses the necessary qualifications for the available position. If that employee declines recall, the Board shall recall the employee with the next greatest seniority and the necessary qualifications, and this process shall be repeated until the position is filled. All positions shall be filled in this manner while there are laid off employees who have recall rights. b. It shall be the responsibility of each employee to keep the Board informed of changes of name, address, phone numbers, qualifications, and experience. c. The Board shall make reasonable attempts by phone and email to communicate with employees on recall regarding available positions prior to an offer being made. All offers shall be finalized in writing, and shall be sufficient when given by their School District email, personal delivery, or letter mailed through Canada Post and addressed to the party receiving such offers at the address they have provided to the Board in writing. Such offers shall be effective as of the date of such personal delivery or email or on the third day following the date of such mailing. d. An employee who is recalled pursuant to Article C.24.3.a shall inform the Board whether or not the recall is accepted within forty-eight (48) hours of the effective date of recall notice. e. The Board shall allow ten (10) days, if necessary, from an acceptance of recall under Article C.24.3.c for the employee to commence duties, provided that where the employee is required to give a longer period of notice to another employer, such longer period may be allowed. f. An employee’s right to recall is lost if: i. The employee elects to receive severance pay within thirty (30) months of the layoff; or ii. The employee refuses to accept two (2) positions for which they possess the necessary qualifications; or iii. Three (3) years have elapsed from the date of layoff; or, iv. The employee has accepted a continuing contract of employment in another school district. g. An employee on a continuing contract of employment who accepts a position less than their owed FTE shall continue to have the right of recall to their owed FTE and shall be offered a suitable position at that FTE, in order of seniority, as soon as a suitable position becomes available. There shall be no limitations on this right to recall up to September 15th . After this time, the right to recall to their owed FTE may be exercised where it is educationally sound and administratively feasible. Only where it is educationally sound and administratively feasible, will an employee be permitted to exchange a current block(s) with another as a result of a posting. h. Part-time employees who have been laid off will be eligible for recall only to a part-time position which does not exceed their owed FTE, unless there are no appropriate part-time positions available. i. Notwithstanding C.24.3.h above, one third of the employees on the recall list with the most seniority who were hired as a part-time employees may elect to be offered a position that exceeds their previous FTE by up to 0.2. j. Should the situation arise that a part-time employee be able to select only a position at greater FTE than their owed FTE for the current recall process, then the available position may be declined and this will not be considered a refusal under Article C.24.3.f.ii. k. Article C.24.3.f.ii does not apply if at the time of such offers the employee would be entitled to maternity leave or is taking, or has registered in, a minimum of fifteen (15) credits at an accredited post secondary institution, where one full semester course equals three (3) credits.