Common use of Staff Reduction and Recall Clause in Contracts

Staff Reduction and Recall. A. Not later than May 15th of each year, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether the financial resources of the District will be adequate to permit the District to maintain its educational program and services substantially at the same level for the next year. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and identify those certificated employees who will be retained to implement such a modified program and certificated employees, if any, whose contract will not be renewed. B. In adopting a reduced educational program which will require reduction, modification or elimination of positions involving certificated employees, the certificated employees required to implement the modified or reduced educational programs or services shall be selected as hereinafter provided: 1. In an effort to eliminate unnecessary non-renewals or involuntary terminations, reasonable effort shall be made to ascertain the number of certificated positions which will be open as a result of (a.) voluntary or mandatory retirements, (b.) normal resignations, (c.) other transfers, and (d.) leaves of absence. 2. Certificated employees retained shall possess valid Washington State certificates and endorsements as may be required of the position being filled. 3. Certificated employees will be retained for available positions on the basis of seniority (years of experience in public school teaching within the state of Washington), as long as the employee meets the needs of the District’s modified or reduced educational program. To meet the needs of such a program, an employee must possess one of the following qualifications: a) Able to document that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings for a given position are equal, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, the position will be filled by administrative evaluation. c) If it is necessary to give notice of non-renewal to employees because the District has adopted a reduced or modified educational program due to program eliminations and /or economic reasons the District shall publish and distribute to all teachers prior to the implementation thereof, a seniority list ranking each teacher from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these procedures, shall be given notice of non-renewal of contract, provided, however, that any certificated employee receiving written notice of non-renewal of contract pursuant to these provisions shall be eligible for a “special leave of absence” without pay upon written application directed to the Superintendent and received not more than ten (10) days following the receipt of the notice of non- renewal. Personnel electing to take a special leave of absence shall be placed in the employment pool and shall be considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate file. 2. Acceptance of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract shall be placed in the employment pool for possible re-employment for a period of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forth. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made by certified mail or personal contact with the superintendent or his designee. Such individual will have ten (10) calendar days from the receipt of the letter or from the date of personal contact to accept the position. 5. If an employee in the employment pool fails to accept a position for which he or she is qualified, such individuals shall be dropped from the employment pool. 6. Certificated personnel within the employment pool may pay their total medical insurance premium to the District in twelve (12) equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included within the group medical insurance. Length of time of this is limited to the COBRA coverage.

Appears in 4 contracts

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

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Staff Reduction and Recall. Section A. Not later than Staff Reduction 1. Prior to May 15th 15 of each year, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether the financial resources of the District will be adequate to permit the District to maintain its educational program programs and services substantially at the same level for the next school year. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and the Superintendent shall identify those certificated employees who will be retained to implement such a modified program program, and certificated those employees, if any, whose contract contracts will not be renewedrenewed for the next school year. In the event the Board determines that financial resources will not be sufficient to maintain the educational program at the same level, the Superintendent shall notify the Association in writing of such determination as soon thereafter as possible. B. 2. If the District adopts a modified or reduced educational program because of lack of financial resources, the following guidelines shall be taken into consideration in determining the programs and services to be retained, modified, or eliminated. a) The needs of the students, requirements for graduation, requirements for accreditation, and minimum program requirements under state laws and regulations. b) Where revenues are categorical and depend upon actual expenditure rather than budget amounts, every effort will be made to maintain such programs, where reasonable, to the limit of categorical support (e.g., Career and Technical Education (CTE), federally supported programs). c) Maintenance of pupil-teacher ratios at levels conducive to good learning climate. The severance of employees will be minimized to the extent possible. d) Reduction in expenditures, where reasonable and not categorically funded, in capital outlay, supplies and materials, contractual services and travel in an effort to retain as much of the basic educational program as possible within the resources available. 3. In adopting a reduced educational program program, which will require reduction, modification modification, or elimination of positions involving certificated employees, the certificated employees required to implement the modified or reduced educational programs program or services shall be selected as hereinafter provided:. 1. a) In an effort to eliminate unnecessary non-renewals or involuntary terminations, every reasonable effort shall will be made to ascertain the number of certificated positions which will be open as a result of (a.) voluntary of: 1. Voluntary or mandatory retirements, (b.) normal resignations, (c.) other transfers, and (d.) leaves of absence.retirement 2. Certificated employees Normal resignations 3. Other transfers 4. Leaves of absence 5. Leave replacement positions b) Employees retained to implement the modified or reduced educational program shall possess a valid Washington State certificates and endorsements certificate as may be required of the position being filledby law. 3. Certificated employees will be retained for available positions on the basis of seniority (years of experience in public school teaching within the state of Washington), as long as the employee meets the needs of the District’s modified or reduced educational program. To meet the needs of such a program, an employee must possess c) When more than one of the following qualifications: a) Able to document that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings person qualifies for a given particular position are equalunder the above criteria, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, greatest seniority as an employee within the position State of Washington will be filled by administrative evaluationretained. In the event there is a tie in Washington State seniority, a secondary tie-breaker shall be seniority in Cascade School District. cd) If it is necessary to give notice of non-renewal to employees because No new hires should be made for the District has adopted a reduced or modified educational program due to program eliminations and /or economic reasons the following school year prior to: 1. Reduction in force (RIF’S) 2. Voluntary transfers 3. Involuntary transfers 4. The District shall publish prepare and distribute to all teachers each building for posting prior to the implementation thereofOctober 31 of each school year, a seniority list ranking each teacher employee from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these procedures, shall be given notice of non-renewal of contract, provided, however, that any certificated employee receiving written notice of non-renewal of contract pursuant to these provisions shall be eligible for a “special leave of absence” without pay upon written application directed to the Superintendent and received not more than ten (10) days following the receipt of the notice of non- renewal. Personnel electing to take a special leave of absence shall be placed in the employment pool and shall be considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate file. 2. Acceptance of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract shall be placed in the employment pool for possible re-employment for a period of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forth. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made by certified mail or personal contact with the superintendent or his designee. Such individual will have ten (10) calendar days from the receipt of the letter or from the date of personal contact to accept the position. 5. If an employee in the employment pool fails to accept a position for which he or she is qualified, such individuals shall be dropped from the employment pool. 6. Certificated personnel within the employment pool may pay their total medical insurance premium to the District in twelve (12) equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included within the group medical insurance. Length of time of this is limited to the COBRA coverage.

Appears in 1 contract

Samples: Certified Employee Contract

Staff Reduction and Recall. A. Not later than May 15th It is hereby specifically recognized that it is within the sole discretion of each year, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether Education to reduce staff, the financial resources of the District will be adequate to permit the District to maintain its educational program and services substantially at the same level for the next year. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and identify those certificated employees who will be retained to implement such a modified program and certificated employees, if any, whose contract will not be renewedcurriculum. B. Before official action on a layoff or reduction of staff is taken by the Board, it will give notice to the Association of the contemplated reduction and afford the Association an opportunity to discuss it with the Administration. As soon as the names of the unit members to be laid off are known, a list of such names shall be provided to the Association. C. In adopting the event it becomes necessary to reduce the number of teachers employed by the Board, such reduction shall be based upon seniority, certification and qualification for the remaining positions. 1. Seniority is defined in Section H of this article. 2. Certification shall be defined as holding a reduced valid teaching certificate as recognized by the State of Michigan. 3. Qualifications shall be as defined in Article 7, Sections B and C. D. Written notice of layoff to the affected unit member(s) and the Association President shall be provided at least thirty (30) calendar days prior to the effective date of the layoff except in cases of emergency. E. In order to promote an orderly reduction in personnel when the educational program which will require reductionprogram, modification or elimination of positions involving certificated employeescurriculum, and/or staff is curtailed, the certificated employees required to implement the modified or reduced educational programs or services shall following procedure will be selected as hereinafter providedused: 1. In an effort to eliminate unnecessary non-renewals or involuntary terminations, reasonable effort Probationary teachers shall be made laid off first according to ascertain the number of certificated positions which will be open as a result of (a.) voluntary or mandatory retirementsseniority, (b.) normal resignations, (c.) other transferscertification, and (d.) qualification. A probationary teacher shall not be laid off unless there is a tenured teacher who is certified, qualified, and available to perform the duties of the position that the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of staff is necessary, then tenured teachers in the specific positions being reduced or eliminated shall be laid off on the basis of seniority, certification, and qualification. 3. A tenured teacher who is laid off pursuant to this Article has the right to be placed in a teaching position for which he is certified and qualified and which is occupied by a teacher with less seniority. 4. No new teachers shall be employed by the Board while there are tenure teachers of the District who are laid off unless there are no teachers in the bargaining unit on layoff who are certified and qualified to fill the remaining positions. F. In the event of a layoff, the Association and the Employer may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of layoff. 1. Should a bargaining unit member elect to waive his seniority rights, such waiver shall not be construed to be a waiver of seniority or any other rights under this Agreement including the bargaining unit member's right to be recalled from such layoff. The bargaining unit member shall be recalled only when a vacancy occurs for which he is certified and qualified. 2. If such an agreement is reached, the individual Agreement Form which is attached to and incorporated into this Agreement as Appendix E shall be completed by the employee and filed by the Employer. 3. Such voluntary layoff shall be for a minimum of a full academic year and for full- time positions only. A voluntary layoff may be extended upon mutual agreement between the Board and the bargaining unit member. G. During a pending reduction in staff, the Employer may grant requests for unpaid leaves of absence. H. Seniority shall be defined as the number of continuous years of employment in a bargaining unit position. The Employer shall annually develop a list of seniority status. A copy of the seniority list shall be posted in each building during the month of October of each year. The Association shall examine the list, request any revisions, and state the reasons for such revision within fourteen (14) days after the list is posted. 1. The unit member's seniority date shall be his last date of hire and seniority shall accrue with the first day of work. 2. Certificated employees retained Only members of the bargaining unit shall possess valid Washington State certificates and endorsements as may accrue seniority within the unit. Any teacher who was transferred to a supervisory position and shall later return to a bargaining unit position shall be required entitled to retain only that seniority accrued while a member of the position being filledunit. 3. Certificated employees will be retained for available positions Days worked in any extra-curricular activity shall neither accrue seniority nor establish a date of hire. 4. Leaves of absence granted in accordance with the provisions of the Master Agreement shall not constitute an interruption in continuous service. Teachers on such leaves of absence shall continue to accrue seniority. 5. A bargaining unit member, who works less than full time, but on a regular basis, shall accrue seniority as if he were employed full time. 6. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time. This provision shall not operate to cause the bargaining unit member to advance on the basis of seniority (years of salary schedule. 7. Salary schedule credit for outside teaching experience in public other school teaching within districts shall not be considered for the state purpose of Washington)accumulating seniority, as long as but shall serve to reduce the employee meets probationary period in accordance with the needs provisions of the District’s modified or reduced educational programTenure Act. 8. To meet In case of a tie at the needs time of such a programlayoff, an employee must possess one of the following qualificationsshall be used in the order listed to break ties: a) Able to document a. Total teaching experience b. Most advanced degree held c. Semester hours beyond a degree I. In the event the Employer is notified that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings for a given position are equal, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, the certain position will be filled by administrative evaluation. cvacant for sixty (60) If it is necessary to give notice of non-renewal to employees because the District has adopted a reduced or modified educational program more consecutive workdays due to program eliminations the temporary absence of the bargaining unit member assigned to that position, the Employer agrees to offer that position to laid off bargaining unit members. The most senior bargaining unit member who is certified and /or economic reasons the District shall publish and distribute to all teachers prior to the implementation thereof, a seniority list ranking each teacher from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these procedures, qualified shall be given notice of non-renewal of contractoffered the position first. The bargaining unit member shall receive the salary and fringe benefits to which he/she is entitled under this Agreement, provided, however, that he/she shall not be eligible for insurance benefits until enrolled for coverage by the insurance carrier(s). The bargaining unit member shall resume layoff status upon completion of the assignment and the layoff notice requirements of Section D of this Article shall not apply. Substitute service which is less than sixty (60) consecutive workdays shall be at the substitute rate of pay. X. Xxxxxxxxxx unit members who have the greatest bargaining unit seniority shall be recalled to any certificated employee receiving written notice of non-renewal of contract pursuant vacancy for which they are certified and qualified first; provided, however, that in order to these provisions be recalled, a bargaining unit member shall be certified and qualified as herein set forth to teach the specific course he is assigned. Probationary teachers shall be eligible for recall for a “special leave period of absence” without pay upon written application directed two (2) years from the effective date of layoff. Thereafter a probationary teacher shall lose his right to recall. A laid off tenured teacher shall lose his right to recall in the Superintendent and received event he is not more than ten recalled within three (103) days following years from the receipt effective date of layoff. 1. It shall be the responsibility of the notice bargaining unit member to notify the Board of non- renewal. Personnel electing any change of address and any change of status as it relates to take a special leave of absence shall be placed in the employment pool and shall be being considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate filerecall. 2. Acceptance The Notice of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract Recall shall be placed in the employment pool for possible re-employment for a period certified, return receipt mail. A unit member shall indicate acceptance of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forth. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made recall by certified mail or personal contact with the superintendent or his designee. Such individual will have ten (10) calendar days from the receipt of the letter or from the date of personal contact to accept the position. 5. If an employee in the employment pool fails to accept a position for which he or she is qualified, such individuals shall be dropped from the employment pool. 6. Certificated personnel within the employment pool may pay their total medical insurance premium to the District in twelve (12) equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included Superintendent within the group medical insurance. Length of time of this is limited to the COBRA coverage.fifteen

Appears in 1 contract

Samples: Master Agreement

Staff Reduction and Recall. A. Not later than May 15th of each yearGeneral Provisions In the event the Company must reduce staff, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether the financial resources of the District every attempt will be adequate made through joint consultation to permit relocate the District employee(s) affected prior to maintain its educational program and services substantially at the same level for the next yeara layoff notice being issued. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and identify those certificated employees who will be retained to implement such a modified program and certificated employees, if any, whose contract will not be renewed. B. In adopting a reduced educational program which will require reduction, modification or elimination layoff of positions involving certificated employees, the certificated employees required to implement the modified or reduced educational programs or services shall be selected as hereinafter provided: 1. In an effort to eliminate unnecessary non-renewals or involuntary terminations, reasonable effort shall be made to ascertain the number of certificated positions which will be open as a result of (a.) voluntary or mandatory retirements, (b.) normal resignations, (c.) other transfers, and (d.) leaves of absence. 2. Certificated employees retained shall possess valid Washington State certificates and endorsements as may be required of the position being filled. 3. Certificated employees will be retained for available positions on the basis of seniority (years of experience in public school teaching within the state of Washington), as long as the employee meets the needs of the District’s modified or reduced educational program. To meet the needs of such a program, an employee must possess one of the following qualifications: a) Able to document that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings for a given position are equal, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, the position will be filled by administrative evaluation. c) If it is necessary to give notice of non-renewal to employees because the District has adopted a reduced or modified educational program due to program eliminations and /or economic reasons the District shall publish and distribute to all teachers prior to the implementation thereof, a seniority list ranking each teacher from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these proceduresthe provisions of this Article, such employee shall be given promptly returned to former status in all respects (or to such other position with the Company that seniority would entitle the employee to under the terms of the Agreement) and shall be compensated for net loss of earnings suffered by reason of layoff. Notice of Layoff Written notice of non-renewal layoff will be issued as far as possible in advance of contractthe effective date, providedbut not less than: Less than one (1) year One (1) week More than one (1), howeverless than three (3) years Two (2) weeks More than three (3), that any certificated employee receiving written notice of non-renewal of contract pursuant to these provisions shall be eligible for a “special leave of absence” without pay upon written application directed to the Superintendent and received not more less than five (5) years Four (4) weeks More than five (5), less than ten (10) days following the receipt of the notice of non- renewal. Personnel electing to take a special leave of absence shall be placed in the employment pool and shall be considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate file. 2. Acceptance of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract shall be placed in the employment pool for possible re-employment for a period of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forth. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made by certified mail or personal contact with the superintendent or his designee. Such individual will have years Six (6) weeks More than ten (10) years Eight (8) weeks Layoff of Permanent Employees Employees who have not acquired seniority will be terminated. If further reductions are required, employees with the least seniority in the classifications affected in the department, at the headquarters, will be given layoff notice. Bumping Procedure A permanent full-time employee who has received a notice of layoff and who has not obtained a position through the normal bidding procedure may, after providing seven (7) days notice to the Company, exercise one of the following options: displace the employee with the least seniority at the same headquarters in the same or equal or lower classification, providing the minimum qualifications for the position are met or; displace the employee with the least seniority at the same TransGas District or SaskEnergy Area, (as applicable), in the same or equal or lower classification, providing the minimum qualifications for the position are met or; displace the employee with the least seniority in the Bargaining Unit, in the same or equal or lower classification, providing the minimum qualifications for the position are met or; go on layoff. An employee will be able to access the bumping procedure, as outlined in 10.04(1), one time per layoff notice. An employee who elects to displace another employee who is in a formalized training classification must have more seniority and must possess the entrance qualifications for the step in the range which the junior employee occupies. Employees required to relocate as a result of exercising one of the above methods of retaining employment shall be paid established meals, lodging and transportation allowances as for a move at the Company’s request. An employee exercising the bumping procedure will maintain their rate of pay for an 18 month period (red-circled). After the 18 month period, the employee will be placed into the top step of the current classification. An employee leaving the bumped into classification prior to the expiration of the 18 month red- circled period will be placed into the new classification as per Article 17 (Starting Pay Rates) of the Collective Bargaining Agreement using current classification maximum rate of pay to determine placement. Employees on Layoff An employee on layoff who does not obtain a position within a time period equal to the seniority possessed shall be terminated. An employee on layoff may: apply for vacant positions in accordance with Article 6; indicate acceptable work and working location(s) on the layoff notice. Termination of employment shall result if an employee fails to report to work within seven (7) calendar days from after being notified, in writing at the receipt employees last known address, unless satisfactory reason, in writing, can be given for such failure to report within the time prescribed. Technological Change For the purpose of this agreement the term “technological change” shall be understood to mean: the introduction by the Company, into the workplace, equipment, material or process of a different nature or kind than that previously used in the workplace; a change in manner in which the Company carries on the work, undertaking or business that is directly related to the introduction of new or improved equipment, material or process; or the removal or relocation outside of the letter appropriate unit, by the Company of any part of the work, undertaking or business, that is directly related to the introduction of technological change. The Company will notify the Union of technological change at least ninety days prior to the date on which such change is to be effected. Such notice shall be in writing and shall state: the nature of the technological change; the date upon which the Company proposes to effect the technological change; the name, seniority dates and classifications of the employees affected; the effect that the technological change is likely to have on the working conditions/job security of the employees affected; and the changes to the job and work processes as a result of the technological change. Following notice to the Union, the parties will meet to discuss options to make every reasonable effort to prevent layoff, as a result of technological change, to permanent employees within the bargaining unit. The identified changes to job/work process, due to technological change, will be discussed between the parties to identify training opportunities that may be available, to allow the affected employees to retain their position. If it becomes necessary to relocate an employee due to technological change, the provisions of the Relocation Policy, as agreed to between the parties will apply. Employees not able to accept a relocation to a different geographical location or where there is no position available, may opt to sever their employment with the Company within 12 months from the date of personal contact layoff and receive severance as negotiated between the Company and the Union. The effective date of termination will be the date the Company receives the employee’s notice to accept sever employment. Vacation Service Time Service for permanent employees referred to in this Article means accumulated recognized service time with the position. 5Company and its predecessors. If an employee in Applications for recognition of accumulated service time may be submitted to Human Resources for review and, if approved, will be retroactive to the employment pool fails date of application. Earning Vacation 0 – the completion of 7 years 09.73 hours 10.00 hours 15 days / year 8 to accept a position for which he or she is qualifiedthe completion of 14 years 12.97 hours 13.33 hours 20 days / year 15 to the completion of 24 years 16.21 hours 16.67 hours 25 days/ year 25th year and thereafter 19.45 hours 20.00 hours 30 days / year Note: At age 58, such individuals permanent full-time employees shall be dropped from the employment pool. 6. Certificated personnel within the employment pool may pay their total medical insurance premium entitled to the District in twelve (12) additional vacation hours equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included within the group medical insurance. Length of time of this is limited to the COBRA coverage.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

Staff Reduction and Recall. A. Not later than May 15th It is hereby specifically recognized that it is within the sole discretion of each year, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether Education to reduce staff, the financial resources of the District will be adequate to permit the District to maintain its educational program and services substantially at the same level for the next year. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and identify those certificated employees who will be retained to implement such a modified program and certificated employees, if any, whose contract will not be renewedcurriculum. B. Before official action on a layoff or reduction of staff is taken by the Board, it will give notice to the Association of the contemplated reduction and afford the Association an opportunity to discuss it with the Administration. As soon as the names of the unit members to be laid off are known, a list of such names shall be provided to the Association. C. In adopting the event it becomes necessary to reduce the number of teachers employed by the Board, such reduction shall be based upon seniority, certification and qualification for the remaining positions. 1. Seniority is defined in Section H of this article. 2. Certification shall be defined as holding a reduced valid teaching certificate as recognized by the State of Michigan. 3. Qualifications shall be as defined in Article 7, Sections B and C. D. Written notice of layoff to the affected unit member(s) and the Association President shall be provided at least thirty (30) calendar days prior to the effective date of the layoff except in cases of emergency. E. In order to promote an orderly reduction in personnel when the educational program which will require reductionprogram, modification or elimination of positions involving certificated employeescurriculum, and/or staff is curtailed, the certificated employees required to implement the modified or reduced educational programs or services shall following procedure will be selected as hereinafter providedused: 1. In an effort to eliminate unnecessary non-renewals or involuntary terminations, reasonable effort Probationary teachers shall be made laid off first according to ascertain the number of certificated positions which will be open as a result of (a.) voluntary or mandatory retirementsseniority, (b.) normal resignations, (c.) other transferscertification, and (d.) qualification. A probationary teacher shall not be laid off unless there is a tenured teacher who is certified, qualified, and available to perform the duties of the position that the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of staff is necessary, then tenured teachers in the specific positions being reduced or eliminated shall be laid off on the basis of seniority, certification, and qualification. 3. A tenured teacher who is laid off pursuant to this Article has the right to be placed in a teaching position for which he is certified and qualified and which is occupied by a teacher with less seniority. 4. No new teachers shall be employed by the Board while there are tenure teachers of the District who are laid off unless there are no teachers in the bargaining unit on layoff who are certified and qualified to fill the remaining positions. F. In the event of a layoff, the Association and the Employer may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of layoff. 1. Should a bargaining unit member elect to waive his seniority rights, such waiver shall not be construed to be a waiver of seniority or any other rights under this Agreement including the bargaining unit member’s right to be recalled from such layoff. The bargaining unit member shall be recalled only when a vacancy occurs for which he is certified and qualified. 2. If such an agreement is reached, the individual Agreement Form which is attached to and incorporated into this Agreement as Appendix E shall be completed by the employee and filed by the Employer. 3. Such voluntary layoff shall be for a minimum of a full academic year and for full-time positions only. A voluntary layoff may be extended upon mutual agreement between the Board and the bargaining unit member. G. During a pending reduction in staff, the Employer may grant requests for unpaid leaves of absence. H. Seniority shall be defined as the number of continuous years of employment in a bargaining unit position. The Employer shall annually develop a list of seniority status. A copy of the seniority list shall be posted in each building during the month of October of each year. The Association shall examine the list, request any revisions, and state the reasons for such revision within fourteen (14) days after the list is posted. 1. The unit member’s seniority date shall be his last date of hire and seniority shall accrue with the first day of work. 2. Certificated employees retained Only members of the bargaining unit shall possess valid Washington State certificates and endorsements as may accrue seniority within the unit. Any teacher who was transferred to a supervisory position and shall later return to a bargaining unit position shall be required entitled to retain only that seniority accrued while a member of the position being filledunit. 3. Certificated employees will be retained for available positions Days worked in any extra-curricular activity shall neither accrue seniority nor establish a date of hire. 4. Leaves of absence granted in accordance with the provisions of the Master Agreement shall not constitute an interruption in continuous service. Teachers on such leaves of absence shall continue to accrue seniority. 5. A bargaining unit member, who works less than full time, but on a regular basis, shall accrue seniority as if he were employed full time. 6. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time. This provision shall not operate to cause the bargaining unit member to advance on the basis of seniority (years of salary schedule. 7. Salary schedule credit for outside teaching experience in public other school teaching within districts shall not be considered for the state purpose of Washington)accumulating seniority, as long as but shall serve to reduce the employee meets probationary period in accordance with the needs provisions of the District’s modified or reduced educational programTenure Act. 8. To meet In case of a tie at the needs time of such a programlayoff, an employee must possess one of the following qualificationsshall be used in the order listed to break ties: a) Able to document a. Total teaching experience b. Most advanced degree held c. Semester hours beyond a degree I. In the event the Employer is notified that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings for a given position are equal, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, the certain position will be filled by administrative evaluation. cvacant for sixty (60) If it is necessary to give notice of non-renewal to employees because the District has adopted a reduced or modified educational program more consecutive workdays due to program eliminations the temporary absence of the bargaining unit member assigned to that position, the Employer agrees to offer that position to laid off bargaining unit members. The most senior bargaining unit member who is certified and /or economic reasons the District shall publish and distribute to all teachers prior to the implementation thereof, a seniority list ranking each teacher from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these procedures, qualified shall be given notice of non-renewal of contractoffered the position first. The bargaining unit member shall receive the salary and fringe benefits to which he/she is entitled under this Agreement, provided, however, that any certificated employee receiving written notice of non-renewal of contract pursuant to these provisions he/she shall not be eligible for a “special leave of absence” without pay insurance benefits until enrolled for coverage by the insurance carrier(s). The bargaining unit member shall resume layoff status upon written application directed to the Superintendent and received not more than ten (10) days following the receipt completion of the assignment and the layoff notice requirements of non- renewal. Personnel electing to take a special leave of absence shall be placed in the employment pool and shall be considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate file. 2. Acceptance of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract shall be placed in the employment pool for possible re-employment for a period of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forth. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made by certified mail or personal contact with the superintendent or his designee. Such individual will have ten (10) calendar days from the receipt of the letter or from the date of personal contact to accept the position. 5. If an employee in the employment pool fails to accept a position for which he or she is qualified, such individuals shall be dropped from the employment pool. 6. Certificated personnel within the employment pool may pay their total medical insurance premium to the District in twelve (12) equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included within the group medical insurance. Length of time Section D of this Article shall not apply. Substitute service which is limited to the COBRA coverage.less than sixty

Appears in 1 contract

Samples: Master Agreement

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Staff Reduction and Recall. A. Not later than May 15th of each year, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether the financial resources of the District will be adequate to permit the District to maintain its educational program and services substantially at the same level for the next year. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and identify those certificated employees who will be retained to implement such a modified program and certificated employees, if any, whose contract will not be renewedprogram. B. In adopting a reduced educational program which will require reduction, modification or elimination of positions involving certificated employees, the certificated employees required to implement the modified or reduced educational programs or services shall be selected as hereinafter provided: 1. In an effort to eliminate unnecessary non-renewals or involuntary terminations, reasonable effort shall be made to ascertain the number of certificated positions which will be open as a result of (a.) voluntary or mandatory retirements, (b.) normal resignations, (c.) other transfers, and (d.) leaves of absence. 2. Certificated employees retained shall possess valid Washington State certificates and endorsements as may be required of the position being filled. 3. Certificated employees will be retained for available positions on the basis of seniority (years of experience in public school teaching within the state of Washington), as long as the employee meets the needs of the District’s modified or reduced educational program. To meet the needs of such a program, an employee must possess one of the following qualifications: a) Able to document that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings for a given position are equal, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, the position will be filled by administrative evaluation. c) If it is necessary to give notice of non-renewal to employees because the District has adopted a reduced or modified educational program due to program eliminations and /or economic reasons the District shall publish and distribute to all teachers prior to the implementation thereof, a seniority list ranking each teacher from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these procedures, shall be given notice of non-renewal of contract, provided, however, that any certificated employee receiving written notice of non-renewal of contract pursuant to these provisions shall be eligible for a “special leave of absence” without pay upon written application directed to the Superintendent and received not more than ten (10) days following the receipt of the notice of non- renewal. Personnel electing to take a special leave of absence shall be placed in the employment pool and shall be considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate file. 2. Acceptance of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract shall be placed in the employment pool for possible re-employment for a period of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forthforth herein. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made by certified mail or personal contact with the superintendent or his designee. Such individual will have ten (10) calendar days from the receipt of the letter or from the date of personal contact to accept the position. 5. If an employee in the employment pool fails to accept a position for which he or she is qualified, such individuals the employee shall be dropped from the employment pool. 6. Certificated If permitted by the SEBB program, certificated personnel within the employment pool may pay their total medical insurance premium to the District in twelve (12) equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included within the group medical insurance. Length of time of this is limited to the COBRA coverage.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Staff Reduction and Recall. Section A. Not later than Staff Reduction 1. Prior to May 15th 15 of each year, or if the omnibus appropriations act has not passed the legislature by May 15th, then no later than June 15th, the Board of Directors shall determine whether the financial resources of the District will be adequate to permit the District to maintain its educational program programs and services substantially at the same level for the next school year. If the Board determines that the financial resources are not reasonably sufficient for the following school year, the Board shall adopt a modified educational program and the Superintendent shall identify those certificated employees who will be retained to implement such a modified program program, and certificated those employees, if any, whose contract contracts will not be renewedrenewed for the next school year. In the event the Board determines that financial resources will not be sufficient to maintain the educational program at the same level, the Superintendent shall notify the Association in writing of such determination as soon thereafter as possible. B. 2. If the District adopts a modified or reduced educational program because of lack of financial resources, the following guidelines shall be taken into consideration in determining the programs and services to be retained, modified, or eliminated. a) The needs of the students, requirements for graduation, requirements for accreditation, and minimum program requirements under state laws and regulations. b) Where revenues are categorical and depend upon actual expenditure rather than budget amounts, every effort will be made to maintain such programs, where reasonable, to the limit of categorical support (e.g., Career and Technical Education (CTE), federally supported programs). c) Maintenance of pupil-teacher ratios at levels conducive to good learning climate. The severance of employees will be minimized to the extent possible. d) Reduction in expenditures, where reasonable and not categorically funded, in capital outlay, supplies and materials, contractual services and travel in an effort to retain as much of the basic educational program as possible within the resources available. 3. In adopting a reduced educational program program, which will require reduction, modification modification, or elimination of positions involving certificated employees, the certificated employees required to implement the modified or reduced educational programs program or services shall be selected as hereinafter provided:. 1. a) In an effort to eliminate unnecessary non-renewals or involuntary terminations, every reasonable effort shall will be made to ascertain the number of certificated positions which will be open as a result of (a.) voluntary or mandatory retirements, (b.) normal resignations, (c.) other transfers, and (d.) leaves of absence. 2. Certificated employees retained shall possess valid Washington State certificates and endorsements as may be required of the position being filled. 3. Certificated employees will be retained for available positions on the basis of seniority (years of experience in public school teaching within the state of Washington), as long as the employee meets the needs of the District’s modified or reduced educational program. To meet the needs of such a program, an employee must possess one of the following qualificationsof: a) Able to document that the necessary endorsement will be obtained prior to the first day of the school year for the succeeding school year as established by the school calendar. b) If seniority rankings for a given position are equal, the preference will be given to employees the farthest to the right in horizontal placement on the current salary schedule, if still equal, then preference will be given to the employee with the most in-district seniority. If after such consideration employees are still equally ranked, the position will be filled by administrative evaluation. c) If it is necessary to give notice of non-renewal to employees because the District has adopted a reduced or modified educational program due to program eliminations and /or economic reasons the District shall publish and distribute to all teachers prior to the implementation thereof, a seniority list ranking each teacher from the greatest to the least seniority. 1. All certificated personnel who are not recommended for retention in accordance with these procedures, shall be given notice of non-renewal of contract, provided, however, that any certificated employee receiving written notice of non-renewal of contract pursuant to these provisions shall be eligible for a “special leave of absence” without pay upon written application directed to the Superintendent and received not more than ten (10) days following the receipt of the notice of non- renewal. Personnel electing to take a special leave of absence shall be placed in the employment pool and shall be considered for re-employment according to the same criteria together with other personnel in the employment pool. The personnel file of any person taking a special leave of absence shall reflect that status and all reference to non-renewal of such employee’s contract shall be removed from the personnel file and kept in a separate file. 2. Acceptance of employment as a permanent, full-time certificated staff member in any other school district during that year shall constitute an automatic termination of special leave of absence and result in their elimination from the employment pool. 3. All certificated employees who are not recommended for retention in accordance with these procedures and who are given notice of non-renewal of contract shall be placed in the employment pool for possible re-employment for a period of one year, renewable on a year-by-year basis upon annual written request of the pool employee. Employment pool personnel will be given the first opportunity to fill open positions within their qualifications under the guidelines herein before set forth. Members of the employment pool will also have first priority for substitute positions. 4. When a vacancy occurs for which any person in the employment pool is qualified, notification from the school district to such individual will be made by certified mail or personal contact with the superintendent or his designee. Such individual will have ten (10) calendar days from the receipt of the letter or from the date of personal contact to accept the position. 5. If an employee in the employment pool fails to accept a position for which he or she is qualified, such individuals shall be dropped from the employment pool. 6. Certificated personnel within the employment pool may pay their total medical insurance premium to the District in twelve (12) equal payments due the first day of the month and in turn, the District will forward the money to the appropriate medical payment center so that the member of the employment pool and/or their dependents will be included within the group medical insurance. Length of time of this is limited to the COBRA coverage.

Appears in 1 contract

Samples: Certified Employee Contract

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