SENIORITY, LAYOFF AND RECALL A. Upon the offer of a position as a non-probationary bargaining unit member, as set forth in Article 7 [B], and the acceptance of the offer, the employee shall be entered on the seniority list, with seniority retroactive to the first day of employment as a probationary employee. There shall be no seniority among probationary employees.
B. Seniority shall be defined as the length of continuous service within a classification within the bargaining unit. Bargaining unit members, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit members simultaneously assigned to more than one (1) classification will accrue seniority in both classifications. Ties on the seniority list shall be broken by the first three digits of the bargaining unit member’s social security number with the bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and shall not be considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for three (3) or more consecutive days without approval, or fails to return from recall in a timely fashion.
C. Classifications for purposes of this Agreement shall mean the following:
Classification I: Special Education Paraeducators: providing instructional support, behavior management, daily living needs and/or community based support services. Classification II: Overload Paraeducators: providing classroom overload support services. Classification III: Title I Paraeducator
D. It is specifically recognized that it is within the sole discretion of the Board to reduce its staff. Layoff shall be defined as a reduction in the number of bargaining unit members or a reduction in the bargaining unit member’s hours. In the event it becomes necessary to lay off, the following procedures will be implemented:
1. Temporary and probationary employees within the affected classification will be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work for the positions scheduled to be retained.
2. In the event it is necessary to lay off bargaining unit members with seniority, the bargaining unit member[s] in the position being eliminated shall be laid off on the basis of seniority, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work of that position. Bargaining unit members affected by a layoff shall have the right to displace the least senior bargaining unit member in that classification, if they are qualified and can perform the duties of that position.
E. Attempts will be made by the Employer to keep bargaining unit members likely to be affected by layoff informally updated. Bargaining unit members scheduled to be laid off shall be given at least fifteen [15] working days written notice prior to the effective date of the layoff. Upon request, the Employer will meet with the Association President to view the layoff list prior to its implementation.
F. Bargaining unit members currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit members are recalled. However, bargaining unit members on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members will be recalled to positions within the classification from which the bargaining unit member was laid off in the inverse order of layoff, provided the bargaining unit member is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit member’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. A copy of recall notices will be sent to the Association President. Bargaining unit members will have five (5) calendar days to return to work, except under extenuating circumstances authorized by the Superintendent. The refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for which she/he is qualified shall forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of the bargaining unit member’s layoff. Thereafter, a bargaining unit member shall lose his/her rights to recall.
G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit member be qualified and able to perform the work of a position includes the requirement of the work of instructional support, living assistance, community-based support and/or behavior management support, as may be required in the particular position in question.
SENIORITY (a) The seniority date of all Regular Employees shall be the date upon which the Regular Employee commenced in the Bargaining Unit, including all prior periods of uninterrupted service as a Casual, Temporary, or Regular Employee.
(b) Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the seniority date established pursuant to clause 9.0l(a).
9.02 Seniority shall be considered in determining the following:
(a) preference of vacation time;
(b) xxxxxxx and recalls;
(c) promotions, transfers, and in filling all vacancies within the Bargaining Unit;
(d) scheduling of shifts including;
(i) shift schedule changes, or
(ii) the selection of available shifts based upon a new master rotation;
(e) distribution and allocation of additional hours of work for Part-time employees who have designated in writing their availability;
(f) distribution and allocation of overtime hours;
(g) assignment of the hourly premium for in charge, security, pager and any other responsibilities, which may be waived by a senior employee, provided there is a less senior qualified employee on duty.
9.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:
(a) when the employment relationship is terminated by either the Employer or the Employee;
(b) upon the expiry of fifteen (15) months following the date of initial layoff, if during such time the Employee has not been recalled to work;
(c) if an Employee does not return to work when recalled, as provided in the "Layoff, Xxxxxx and Severance" Article.
(a) Seniority lists shall be provided by the Employer to the Union two times (2X) a year in January and July or when Employees have been served notice pursuant to the provisions of the "Layoff, Recall and Severance" Article. The Employer shall also post a copy of the seniority list on the joint bulletin board provided two times (2x) a year in January and July.
(b) Employees will have four (4) weeks to take issue with any changes made to the seniority list since the last list was provided to the Union, otherwise the seniority list will be deemed correct.
9.05 The seniority list shall contain the name of each Regular Employee, their employment status, position/ job title(s), their date of hire and FTE hours.
9.06 Should a difference arise regarding an Employee's seniority, the Employer will provide the Employee with the information necessary to establish accurate seniority.
