Demotion in Lieu of Layoff The appointing authority shall determine by class, subject to review by the Director, whether demotion shall be afforded employees as an option in lieu of layoff. At the request of the appointing authority, a permanent employee shall, in lieu of layoff, be afforded the option of demotion within the same department to a position in a lower class, provided that no such demotion shall in turn require the layoff or demotion from such lower class of any employee whose layoff rating is at least as high as that of the demoting employee. A probationary employee may be afforded the opportunity to accept a demotion within the same department to a position in a lower class provided no such demotion shall in turn require the layoff of any employee in the lower class. Such probationer shall not become permanent in the lower class by this action except by completing a new full probation period in such lower class.
Voluntary Demotion An employee requesting a voluntary demotion from a higher-rated position and who is subsequently demoted to the lower-rated position, shall be paid on the increment step appropriate to the employee’s continuous service with the Employer. A voluntary demotion shall not change an employee’s anniversary date.
Involuntary Demotion An employee assigned to a lower rated position shall continue to be paid at the employee's current rate of pay until the rate of pay in the new position equals or exceeds it.
Voluntary Layoff Appointing authorities will allow an employee in the same job classification and department where layoffs will occur to volunteer to be laid off provided that the employee is in a position requiring the same skills and abilities, as a position subject to layoff. Any volunteer for layoff shall have no formal layoff option. If the appointing authority accepts the employee’s voluntary request for layoff, the employee will submit a non-revocable letter stating they are accepting a voluntary layoff from the University. The employee will be placed on all applicable rehire lists.
Retirement in Lieu of Layoff Any employee who was subject to being, or was in fact, laid off and who is qualified for and who elected service retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The District shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff. If he/she is subsequently subject to reemployment and accepts, in writing, the appropriate vacant position, the District shall maintain the vacancy, but may fill it on a temporary basis until the Board of Administration of the Public Employees’ Retirement System has properly processed his/her request for reinstatement from retirement.
REDUCTION IN FORCE (RIF 13.1 This Section 13 shall apply to all Covered Employees.
13.2 As provided in state law and Board policy, the Board may cancel the employment contracts of Covered Employees when there is a justifiable decrease in the number of covered employee positions as a result of a fiscal exigency or program change as determined by the Board. However, before any meeting of the Board at which the Board will consider a proposed resolution or decision that a fiscal exigency exists or a program change is to be made that may require the cancellation of the employment contract of one or more Covered Employees, the Superintendent shall convene a meeting of the Professional Council established pursuant to Section 7 above to consult regarding the nature and extent of the fiscal exigency or proposed program change, and regarding any plan then contemplated by the administration for reduction of covered employee positions.
13.3 If the Board decides that the number of covered employee positions is to be reduced, normal attrition, retirement, and resignations shall be considered prior to any cancellation of Covered Employee employment contracts. In the event that cancellation of Covered Employee employment contracts is necessary to achieve the reduction required by the Board, the following shall be considered as significant factors in determining which particular employment contracts will be recommended for cancellation:
13.3.1 The needs of the district.
13.3.2 The best interest of the students enrolled in the district.
13.3.3 Education, licensing endorsements and other professional qualifications.
13.3.4 Job performance over the previous three year period as measured using the criteria and standards set by the Board for evaluation of Teachers and Counselors in accordance with applicable state law and state board of education rules governing evaluation of licensed personnel.
13.4 The probationary or non-probationary status of a Covered Employee, and the seniority of a Covered Employee, shall also be considered as additional factors in determining which employment contracts will be recommended for cancellation as a result of the decrease in covered employee positions, except that such additional factors may be considered only after the consideration of the factors set forth in the Paragraph 13.3 above, and only if consideration of such additional factors is in the best interest of the students enrolled in the district. The parties agree that such additional factors shall be applied as follows: (1) as between Covered Employees in the same endorsement area for whom the factors set forth subparagraph 13.3.1 to 13.3.4, above are not determinative as to whose employment contract should be cancelled, the Probationary I Covered Employees should be cancelled first, Probationary II Covered Employees second, and Probationary III Covered Employees third, before the employment contracts of Non-probationary Status Covered Employees are cancelled; and (2) as between Non-probationary Status Covered Employees in the same licensed and endorsement area for whom the factors set forth subparagraph 13.3.1 to 13.3.4, above are not determinative as to whose employment contract should be cancelled, the employment contracts of Non-probationary Status Covered Employees will be cancelled in the inverse order of seniority.
13.5 Covered Employees who have been subject to a RIF shall have the right to be recalled to a covered employee position, for which they are qualified, within the District for one (1) year from the date of RIF. Covered Employees shall be recalled in reverse order of RIF and previously accrued benefits shall be restored.
13.6 Probationary Covered Employees whose contracts will be canceled during, instead of at the end of, a school year; and Non-probationary Status Covered Employees whose contracts will be canceled either during, or at the end of, a school year, shall have a right to a hearing on the propriety of such cancellation in accordance with Board policy and regulations. If such a hearing is desired, the Covered Employee will request it in writing to the Board or Superintendent within ten (10) days after being notified of the proposed contract cancellation. If a hearing is requested, the Board will appoint an impartial hearing officer, who will specify the procedural rules to apply at such hearing. At the hearing, the Covered Employee may be represented by a person of the Covered Employee’s choice.
Voluntary Termination or Reduction of Commitments (a) Each Borrower may, upon not less than three Business Days' prior notice from the Borrowers' Designee to the Agent, terminate the Commitments, or permanently reduce the Commitments by an aggregate minimum Dollar Equivalent Amount of at least $5,000,000; unless, after giving effect thereto and to any ------ prepayments of any Loans made on the effective date thereof, (a) the Effective Amount of all Revolving Loans, Swingline Loans and L/C Obligations together would exceed the Aggregate Commitment then in effect, or (b) the Effective Amount of all L/C Obligations then outstanding would exceed the L/C Commitment. Once reduced in accordance with this Section 2.9, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Bank according to its Pro Rata Share. If and to the extent specified by the Borrowers' Designee in the notice to the Agent, some or all of the reduction in the Aggregate Commitment shall be applied to reduce the L/C Commitment and the Swingline Commitment. All accrued facility and letter of credit fees to, but not including, the effective date of any termination of the Commitments shall be paid on the effective date of such termination. The Agent shall promptly forward a copy of any such notice received under this subsection 2.9
(a) to each of the Banks.
(b) At no time shall the Swingline Commitment exceed the Aggregate Commitment, and any reduction of the Commitments (under this Section 2.9 or under Section 2.12) which reduces the Aggregate Commitment below the then- current amount of the Swingline Commitment shall result in an automatic corresponding reduction of the Swingline Commitment to the amount of the Aggregate Commitment, as so reduced, without any action on the part of the
Voluntary Deductions A. The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The Employer agrees to electronically remit any deductions made pursuant to this provision to the Union together with an electronic report showing:
1. Employee name;
Voluntary Resignation without Good Reason The Executive may voluntarily terminate employment without Good Reason upon 30 days’ prior written notice to the Company. In such event, after the effective date of such termination, no payments shall be due under this Agreement, except that the Executive shall be entitled to any Accrued Obligations.
REDUCTION IN FORCE A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.
B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.
C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies.
D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years.
E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy.
F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement.
G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave.
H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.
