Common use of Xxx Off Clause in Contracts

Xxx Off. In the event the District determines that a layoff is necessary, then it will determine the bargaining unit members to be retained by means of the following criteria: 1. A determination of whether employees hold the proper license(s) to fill the remaining positions at the time of layoff. 2. A determination of the seniority of the employees to be retained, with those most senior being retained over those with lesser seniority, except as provided for in this Article. Seniority shall be defined as the total length of continuous employment since the most recent first date of actual service with the District, inclusive of approved leaves of absence. Ties shall be broken by drawing lots. 3. A determination of the merit and/or competence of an employee being retained if the District determines to lay off another employee with greater seniority. If the District determines to retain an employee with less seniority than an employee being released under this section, the district has the burden of proof to show that the employee being retained has more competence or merit than the employee with more seniority who is being laid-off. a. For purposes of this section, "competence" shall mean the ability to teach a subject or grade level, based upon recent teaching experience or training or both, in that subject or grade level within the past five (5) years, but not solely licensure to teach a subject or grade level. b. For purposes of this section, "merit" shall mean the ability and effectiveness of one employee over another as determined by the District through its evaluation procedure. 4. Subject to the provisions of B.3. above, the District shall make every reasonable effort to minimize layoffs by transferring teachers of courses scheduled for discontinuance to other positions for which they are licensed and competent, according to the definition of “competence” provided for above. 5. When the District has determined that a position is to be eliminated due to reduction in force, the individual in that position shall be laid off except that the teacher may "bump" any less senior teacher whose position he/she is properly licensed, as of the date of the District reduction decision, to perform unless the District determines that the less senior teacher will be retained because of greater merit and/or competence.

Appears in 3 contracts

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

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Xxx Off. In the event the District determines that a layoff is necessary, then it will determine the bargaining unit members to be retained by means of the following criteriacriteria and any other criteria required by law: 1. A determination of whether employees hold the proper license(s) to fill the remaining positions at the time of layoff. 2. A determination of the seniority of the employees to be retained, with those most senior being retained over those with lesser seniority, except as provided for in this Article. Seniority shall be defined as the total length of continuous employment since the most recent first date of actual service with the District, inclusive of approved leaves of absence. Ties shall be broken by drawing lots. 3. A determination of the merit and/or competence of an employee being retained if the District determines to lay off another employee with greater seniority. If the District determines to retain an employee with less seniority than an employee being released under this section, the district has the burden of proof to show that the employee being retained has more competence or merit than the employee with more seniority who is being laid-off. a. For purposes of this section, "competence" shall mean the ability to teach a subject or grade level, based upon recent teaching experience or training or both, in that subject or grade level within the past five (5) years, but not solely licensure to teach a subject or grade level. b. For purposes of this section, "merit" shall mean the ability and effectiveness of one employee over another as determined by the District through its evaluation procedure. 4. Subject to the provisions of B.3. above, the District shall make every reasonable effort to minimize layoffs by transferring teachers of courses scheduled for discontinuance to other positions for which they are licensed and competent, according to the definition of “competence” provided for above. 5. When the District has determined that a position is to be eliminated due to reduction in force, the individual in that position shall be laid off except that the teacher may "bump" any less senior teacher whose position he/she is properly licensed, as of the date of the District reduction decision, to perform unless the District determines that the less senior teacher will be retained because of greater merit and/or competence.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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