Common use of Layoff Recall Procedure Clause in Contracts

Layoff Recall Procedure. If the Board determines to reduce the number of teachers due to reduced enrollments, changes in enrollment patterns, revenue shortages, or curricular changes, the following will apply: A. Layoff & Recall Procedures 1. Teachers in the specific positions being reduced or eliminated shall be identified for potential lay off. In the event there is more than one teacher in the grade level or department in which the reduction or elimination is to occur, the teacher with the least seniority shall be identified for potential layoff. A teacher who is identified for potential layoff or displacement due to position elimination or position reduction must apply for a vacant position. The highest seniored applicant shall be awarded the position under the provisions of Article 9. If no vacant position is available, the displaced teacher has the right to claim the position of the least seniored teacher holding a position for which the displaced teacher is both certified and qualified. However, displaced teachers are limited to claiming the maximum teaching time they have previously been assigned. The sole exception to this procedure is as follows: The district may involuntarily transfer a teacher only if it would avoid the necessity of laying off another teacher or would reduce the number of layoffs. An involuntary transfer shall impact the least seniored teacher who is certified and qualified. Teachers scheduled for potential layoff or displacement will be notified in writing with a copy forwarded to the SEA President. 2. The certification and qualification of a teacher to be laid off shall be the certification and qualification on file with the Board of Education at the time the notice of layoff is sent. The certification and qualification of a teacher to be recalled from layoff shall be the certification and qualification on file with the Board of Education at the time of notification or recall from layoff. It is the teacher's duty and responsibility to make sure that the Board of Education's records are correct and to notify the Board of Education in writing of any inaccuracies or changes in such records. 3. Teachers on layoff shall be recalled in order of greatest seniority, to the next available vacancy which arises within three (3) years from the date of their layoff, provided that the more senior teacher must be certified and qualified for the vacancies or assignments to be filled. Notice of recall shall be sent by certified or registered mail to the teacher's last known address. The right to recall will terminate after the three (3) year period. It shall be the responsibility of the teacher to keep the Board informed of his/her current address. The Board's obligations regarding recall of a teacher shall be fully satisfied if the notice of recall is sent to the teacher's last known address. The teacher will have ten (10) days in which to indicate his/her desire to accept or reject the offer of recall, and that ten (10) days shall commence to run on the date that the notice of recall is received by the teacher. In the event that a teacher does not respond within the ten (10) day period, the teacher shall forfeit his or her rights to the position and their name shall be moved to the bottom of the (seniority) recall list. A laid off teacher employed under contract by another school district may refuse recall; however, if the teacher is offered a position for the succeeding school year the teacher's refusal of the second offer shall constitute a resignation and employment shall automatically and conclusively terminate. A tenure teacher may properly refuse recall to a position that is not full-time if the tenured teacher was laid off from a full-time position. 4. During a layoff, a teacher's request for a leave of absence shall be granted, provided there is an available properly certified and qualified bargaining unit member on recall status (or who would otherwise be laid off) who could fill the assignment held by the teacher requesting leave. B. Seniority 1. Seniority shall be defined as years of service in the bargaining unit. Periods of time spent on leaves of absence and on layoff shall not constitute a break in service and seniority shall be deemed to accrue during such periods. In the event looping is implemented at the elementary level, the teacher's assignment for the purpose of staffing or lay off shall be the grade level to which the teacher was originally assigned. 2. Periods of time served in the administrative capacity in the school district (for administrators, excluding the Superintendent, employed by the Board on or before 9-1-81) shall accrue to and including the conclusion of the 1990-91 school year. Accrued seniority shall be regarded as frozen with the commencement of the 1991-94

Layoff Recall Procedure. If the Board determines to reduce the number of teachers due to reduced enrollments, changes in enrollment patterns, revenue shortages, or curricular changes, the following will apply: A. Layoff & Recall Procedures 1. Teachers in the specific positions being reduced or eliminated shall be identified for potential lay off. Section 1 In the event there it becomes necessary to lay off employees, it shall be due to lack of work or funds. Before regular full-time employees are laid off, all seasonal, temporary, provisional part time, probationary, and Welfare Work Program employees must be laid off first, in this order. When it is more than one teacher in necessary to layoff or abolish the grade level or department in which the reduction or elimination is to occurjob of a regular full time employee, the teacher with the least seniority shall be identified for potential layoff. A teacher employee whose job is abolished or who is identified designated for potential layoff or displacement due to position elimination or position reduction must apply for a vacant position. The highest seniored applicant layoff, shall be awarded the position under the provisions of Article 9. If no vacant position is available, the displaced teacher has have the right to claim the position of the least seniored teacher holding bump into a position for which held by any other employee with less seniority in the displaced teacher is both certified and qualified. However, displaced teachers are limited to claiming the maximum teaching time they have previously been assignedsame classification. The sole exception employee shall also have the right to this procedure is as follows: The district may involuntarily transfer bump into a teacher only if it would avoid the necessity of laying off another teacher or would reduce the number of layoffs. An involuntary transfer shall impact the least seniored teacher who is certified and qualified. Teachers scheduled for potential layoff or displacement will be notified position held by any other employee with less seniority in writing with a copy forwarded to the SEA President. 2. The certification and qualification of a teacher to be laid off shall be the certification and qualification on file with the Board of Education at the time the notice of layoff is sent. The certification and qualification of a teacher to be recalled from layoff shall be the certification and qualification on file with the Board of Education at the time of notification or recall from layoff. It is the teacher's duty and responsibility to make sure that the Board of Education's records are correct and to notify the Board of Education in writing of any inaccuracies or changes in such records. 3. Teachers on layoff shall be recalled in order of greatest seniority, to the next available vacancy which arises within three (3) years from the date of their layoff, lower classification provided that the more employee can perform the work and has been determined qualified. Any employee who is bumped out of his/her position due to this layoff procedure shall also have the right to exercise this bumping procedure. Ultimately, the least senior teacher must be certified and qualified for the vacancies or assignments to be filled. Notice of recall bargaining unit employee shall be sent by certified or registered mail to the teacher's last known address. The right to recall will terminate after the three (3) year periodlaid off. It shall be the responsibility option of the teacher employee only as to keep whether he/she will exercise seniority rights to bump into a lower classification or to take layoff. Prior to layoff, the Board informed of his/her current addressEmployer shall meet to discuss the layoff and the reason thereof with the Union. The Board's obligations regarding recall of a teacher Regular full time employees shall be fully satisfied if the given a minimum of two (2) weeks advance written notice of recall is sent to the teacher's last known address. The teacher will have ten (10) days in layoff indicating the circumstances which to indicate his/her desire to accept or reject made the offer of recall, and that ten (10) days shall commence to run on the date that the notice of recall is received by the teacherlayoff necessary. In the event an employee is laid off, he/she shall have the option to receive payment for earned but unused vacation and unpaid overtime. The Employer shall notify the Union immediately upon determination that a teacher does not respond within layoffs are necessary, but no later than thirty (30) days prior to any planned layoff. The Employer and the ten (10Union agree to meet and discuss in which classification(s) day period, and layoff(s) will occur and the teacher shall forfeit his or her rights number of employees to the position and their name shall be moved to the bottom of the (seniority) recall list. A laid off teacher employed under contract by another school district may refuse recall; however, if the teacher is offered a position for the succeeding school year the teacher's refusal of the second offer shall constitute a resignation and employment shall automatically and conclusively terminate. A tenure teacher may properly refuse recall to a position that is not full-time if the tenured teacher was laid off from a full-time position. 4. During a layoff, a teacher's request for a leave of absence shall be granted, provided there is an available properly certified and qualified bargaining unit member on recall status (or who would otherwise be laid off) who could fill . The Employer and the assignment held Union agree to discuss other alternatives to avoid actual layoff whenever possible. Section 2 Laid off employees shall be placed on a recall list in order of seniority with the most senior employees first. Employees shall be recalled when work and/or funds again become available as determined by the teacher requesting leave. B. Seniority 1Employer. Seniority Employees shall be defined as years given fourteen (14) calendar days’ notice of service recall and notice sent to the employee by registered mail with a copy sent to the Union. An employee who is next on the recall list shall be eligible to take an opening in a position in the same or lower classification. If an employee accepts an opening in a lower classification, he/she shall have the right to claim his/her original classification in the event it becomes available in one (1) year. An Employee on the recall list may turn down an opening in a lower classification. If an employee turns down any opening in his/her classification, they shall be removed from the list. An Employee shall remain on a recall list for a period of 24 months and shall not lose seniority accrued prior to the lay-off date. No new employees shall be hired to displace the laid off bargaining unit employees by classification. Non-bargaining unit employees cannot bump into the bargaining unit. Periods of time spent on leaves of absence and on layoff shall not constitute a break in service and seniority shall be deemed to accrue during such periods. In the event looping is implemented at the elementary level, the teacher's assignment for the purpose of staffing or lay off shall be the grade level to which the teacher was originally assigned. 2. Periods of time served in the administrative capacity in the school district (for administrators, excluding the Superintendent, employed by the Board on or before 9-Section 1-81) shall accrue to and including the conclusion of the 1990-91 school year. Accrued seniority shall be regarded as frozen with the commencement of the 1991-94