Common use of Recall Clause in Contracts

Recall. 1. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 6 contracts

Sources: Licensed Agreement, Licensed Agreement, Licensed Agreement

Recall. 1. If within twenty-seven (27) months of layoff When it is determined by the Agency to fill a vacancy occurs within or to recall employees in a classification where the District for which a layoff occurred, the following procedure shall be adhered to: The laid off employee is fully qualifiedwith the most State seniority from the same, such similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled pursuant to a position provided the following: a. At affected employee is qualified to perform the time of layoffduties. Any employee recalled under this Article shall not serve a new probationary period, the District shall provide except for any employee laid off employees who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to express in writing a desire to return to the District. The District shall also receive the employee’s last known address for or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall notification. In jurisdictions as outlined in Appendix J. If the event of a recall, the District shall employee fails to notify the employee who has expressed a desire Agency of his/her intent to return report to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have work within seven (7) calendar days from the of receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was receivedrecall, or lose all he/she shall forfeit recall rights. If an Likewise, if the recalled employee candoes not actually return to work within thirty (30) days, recall rights shall be contacted at forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her address or record original classification and appointment category (return of certified mailingtype). Except that any employee declining recall to a different appointment category (type) as provided for above, then than that from which he/she will was laid off or displaced shall be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlist for that appointment category (type). 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 6 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. Employees who have been laid off shall be re-employed in seniority order from most senior to least senior. Employees whose positions have been eliminated through layoff or otherwise, shall be called first to fill a vacancy within their job family. 1. If within twenty-seven (27) months of layoff Prior to other employees being recalled from the recall list, an employee who displaced another employee pursuant to provisions contained in this article shall have the right to be recalled to a vacancy occurs within the District vacant position for which a laid off employee is fully they are qualified. However, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the displaces another employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will shall not be less eligible for a position at a higher pay grade than twenty-the one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled originally held at the time of layoff. If the employee who displaced another employee fills a vacancy in his/her original department, including unused accumulated sick leavethen the employee whom he/she displaced will automatically be recalled into the position from which he/she previously held. After this process, other employees will be restored recalled to fill a vacancy for which they are qualified in the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during same department they were assigned at the time of their layoff. 2. In determining Employees may be offered a position outside their department/program for which teacher or teachers they are qualified. Employees may refuse a position outside their department/program. Employees who refuse such a position a second time shall have no further rights to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" Each employee on layoff shall be required to provide the District Personnel Office, in writing, with a current address to which a letter of recall may be sent. Employees being recalled shall be notified by “Certified Mail Delivery Confirmation” and shall have five (5) working days from the date of the receipt of notice to respond to the School Board's decision ’s offer and return to work. The School Board reserves the right to temporarily assign an employee to the vacancy until the recalled employee reports to work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not receive an affirmative response, the employee will be moved to the bottom of the recall list. If the recall notice is returned in the allotted time, yet not marked appropriately by the Human Resources & Equity Department, the employee shall retain his/her place on the recall list for the next job opening for which he/she is qualified. However, after the third returned notice, the employee’s name will be dropped from the recall list and the School Board shall have no further obligation to the employee. 4. An employee whose contract is non-renewed due to reorganization shall be entitled to recall rights for a layoff or period of eighteen (18) months. All other employees shall be entitled to recall rights for a layoff period of twelve (12) months. 5. The employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverages in existing programs during the layoff provided that the premium for such insurance programs shall be paid by means of the employee on a grievance filed pursuant to the Article on Grievance Procedure. The decision monthly basis in advance of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawmonth due. 46. Any regular employee No new or substitute appointments may be made while there are laid off employees available who is non-renewed or dismissed for are qualified to fill the samevacancies, except that employees may be hired into positions that have been offered and only refused by employees on the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.layoff/recall list.

Appears in 6 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1A. The Department/Agency shall maintain an area/regional recall roster from which laid off employees will be recalled, to the title from which they were laid off or bumped, in accordance with their seniority and in accordance with their qualifications to perform the work. If within twenty-seven (27The parties agree that individual employees who are on the recall list shall be given the opportunity to indicate the work location(s) months of layoff a vacancy occurs to which they would be willing to accept recall. It is understood that such employee would only be offered recall positions to be filled within the District work location(s) for which they have indicated a laid off employee willingness to accept. Failure to return geographic preference sheet will result in consideration for recall to any location in the Department. B. If the employee’s position is fully qualifiedabolished as a result of the transfer of the functions to another Department/Agency, such employee may elect to have his/her name placed on the recall roster or to be transferred, subject to the approval of the Appointing Authority, to a similar position in such Department/Agency without loss of seniority, or other rights and in accordance with paragraph "A" above. C. An employee laid off during the July 2009 – June 2012 term of this Agreement shall remain on the recall roster for three (3) years, except an employee who is offered recall to a position of the same title, in the same job grade, as the position title from which he/she was laid off, and who refuses such offer shall be recalled pursuant removed from the recall list and his/her recall rights shall be forfeited at that time. Effective July 1, 2012, an employee laid-off shall remain on the recall list for two (2) years, except an employee who is offered recall to a position in the same job grade as the position from which he/she was laid off and who refuses such offer shall be removed from the recall list and his/her recall rights shall terminate at that time. The Department shall deliver written forms to persons on the recall roster asking each to indicate to which facility, area or region they would be willing to accept re-employment. As vacancies occur in particular facilities, areas or regions the department/agency shall, in accordance with sub-section A of this Section, offer the position(s) to the following: a. At employee on the time of layoffrecall roster who is determined qualified by the Appointing Authority to perform the work, the District shall provide for laid off employees to express and has indicated in writing that he/she would accept employment at that location, or who is on a desire statewide recall roster. Failure to return to the District. The District shall also receive the employee’s address for recall notification. In the event of provide a recallgeographical preference, the District shall notify the employee who has expressed a desire to return to the District by certified mailas referenced above, return receipt, sent to the last address given by the employee to the District office. The employee will have within seven (7) calendar days from of receipt of the geographical preference form, will result in the employee’s name being placed on a statewide recall roster. D. The Union acknowledges that the Department/Agency will not be liable for failure in the administration of the recall roster due to employee error or omission. E. Notwithstanding the above, a laid off employee who fails to respond in writing to a notice of recall within seven (7) calendar days of the receipt of mailing such offer or who upon acceptance of the recall offer fails to report to work on the appointed date, shall forfeit any further recall rights. Employees who are laid off shall be informed that it is their responsibility to notify the District Employer of intent to return. The employee must thereafter report on the starting date specified any change of address. F. Notices of recall sent by the District, providing that this will not be less than twenty-one (21) calendar days from Appointing Authority to a laid off employee and the date the employee's notice of recall was receivedacceptance, or lose all rejection of said recall rightsshall be sent by certified mail, return receipt requested. A. The parties may, by agreement in writing, alter the implementation of this Article to meet the varying needs of the particular Departments/Agencies. B. For the purposes of this Article, employees in the titles of Vocational Instructor A/B and Vocational Instructor C in the Department of Mental Health, the Department of Developmental Services or any other Agency/Department, shall be considered part of this Agreement. C. In the Department of Public Health, layoffs and bumping shall be conducted by Appointing Authority. If an employee canIn the Department of Developmental Services, layoff and bumping shall be conducted by region. In the Department of Mental Health, layoff and bumping shall be conducted by area. D. Employees who are separated from employment as the result of the implementation of this Article and who are subsequently recalled to employment, shall for purposes of determining their salary upon recall under Article 12, be credited with their prior service and shall not be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will upon recall be considered to have waived all recall rightsbe “hired, unless reinstated or re-employed” notwithstanding the employee is under contract in another school district, in which case provisions of Article 12 to the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightscontrary. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and educationSection 1. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.General

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1Employees who are laid off shall be placed on a recall list for a period of twenty-four (24) months. If within twentythere is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their lay-seven (27) months of layoff a vacancy occurs within off, provided they are presently qualified to perform the District for work in the job classification to which a laid off they are recalled without further training. If an employee is fully qualifiedrecalled to a position in a lower rated job classification, such employee he/she shall be recalled pursuant to have the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire right to return to the Districtjob classification he/she held prior to being laid off in the event it subsequently becomes available. If an employee is recalled to a lower rated job classification, the employee shall have the right to refuse the recall. The District County shall also receive not hire new employees in affected bargaining unit positions as long as there are still employees on the employee’s address recall list who are presently qualified to perform the work in the affected job classification and are willing to be recalled to said classification. Employees who are eligible for recall notification. In the event shall be given fourteen (14) calendar days notice of a recall, the District recall and notice of recall shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, be sent to the last address given employee by the employee certified or registered mail with a copy to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to returnUnion. The employee must thereafter report on notify the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice Agency Head of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record intention to return within three (return 3) days after receiving notice of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time periodrecall. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will The County shall be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from fulfilled its obligations by mailing the Board's decision on layoff recall notice by certified or recall pursuant to this Article shall be by means of a grievance filed pursuant registered mail, return receipt requested, to the Article on Grievance Procedure. The decision mailing address provided by the employee, it being the obligation and responsibility of the arbitrator will be final and binding on all interested parties as long as employee to provide the arbitrator's decision is within Agency Head with his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlatest mailing address. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1Employees who are laid off shall be placed on a recall list for a period of twenty-four (24) months. If within twentythere is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their lay-seven (27) months of layoff a vacancy occurs within off, provided they are presently qualified to perform the District for work in the job classification to which a laid off they are recalled without further training. If an employee is fully qualifiedrecalled to a position in a lower rated job classification, such employee he/she shall be recalled pursuant to have the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire right to return to the Districtjob classification he/she held prior to being laid off in the event it subsequently becomes available. If an employee is recalled to a lower rated job classification, the employee shall have the right to refuse the recall. The District County shall also receive not hire new employees in affected bargaining unit positions as long as there are still employees on the employee’s address recall list who are presently qualified to perform the work in the affected job classification and are willing to be recalled to said classification. Employees who are eligible for recall notification. In the event shall be given fourteen (14) calendar days’ notice of a recall, the District recall and notice of recall shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, be sent to the last address given employee by the employee certified or registered mail with a copy to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to returnUnion. The employee must thereafter report on notify the starting date specified by the District, providing that this will not be less than twenty-one Agency Head of their intention to return within three (213) calendar days from the date the after receiving notice of recall was received, or lose all recall rightsrecall. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will The County shall be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from fulfilled its obligations by mailing the Board's decision on layoff recall notice by certified or recall pursuant to this Article shall be by means of a grievance filed pursuant registered mail, return receipt requested, to the Article on Grievance Procedure. The decision mailing address provided by the employee, it being the obligation and responsibility of the arbitrator will be final and binding on all interested parties as long as employee to provide the arbitrator's decision is within Agency Head with his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlatest mailing address. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1Laid-off teachers shall be placed on one of the three separate recall lists, one for teachers including contract and Federally-funded Special Education teachers, one for Title I teachers, and one for Part-Time teachers. If Recall rights will be implemented for each category separately. The teacher with the greatest seniority shall be recalled first for a position for which the teacher is both qualified and certified, and which falls in the recall pool category in which the teacher is placed. Teachers including Contract and Federally Funded Special Education teachers also shall have recall rights within twentythe Part-seven (27) months Time teacher pool if the teacher so chooses and if there are no Part-Time teachers in the pool. However, a teacher including a contract or Federally Funded Special Education teacher electing recall to a part-time position shall lose all recall rights in the teacher including contract and Federally Funded Special Education recall pool until the conclusion of layoff the school year in which they assume the position or until the position is discontinued, whichever occurs first. Laid-off teachers shall be retained on a vacancy occurs recall list for three years, exclusive of any time spent filling a temporary vacancy, or, in the case of a teacher including a contract or Federally Funded Special Education teacher, a part-time position. A teacher who is on a recall list shall be entitled to take a temporary position for which the teacher is qualified and certified and which falls within the recall pool category in which the teacher is placed, provided that if a teacher elects to take a temporary position, the teacher shall be obliged to fulfill the term of service called for by the temporary vacancy, and shall be returned to the recall list only after completion of that service. Any teacher who accepts any permanent position with the District, or who is offered a permanent position with the District for which a laid off employee the teacher is fully qualifiedcertified and qualified and who refuses the offer, such employee shall be recalled pursuant to taken off the following: a. At recall list, except that if a Part-Time teacher is offered a permanent position of lesser hours than the teacher normally worked at the time of layofflayoff and refuses the position, the District teacher shall provide for laid off employees to express retain the recall rights contained in this section. Notice of recall shall be made in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, mail return receipt, sent receipt requested to the last address given which has been placed on file by the employee to in the District officeHuman Resources Office. The employee will have seven (7) A simultaneous notice of recall shall be provided the UNION. A teacher who is recalled shall in writing within 15 calendar days from of the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) notice or 30 calendar days from the date the notice is mailed, whichever is sooner, give notice of recall was received, or lose all recall rightsintent to accept the position. If an employee canthe teacher does not be contacted at his/her address or record (return of certified mailing) as provided for aboverespond within the aforementioned time period, then he/she the teacher will be considered to have waived all recall rights, unless as declining the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article list. The next eligible teacher, if any, then shall be by means given notice of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawrecall. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven An employee on the layoff list will have the opportunity to be placed in openings which occur in the same classification series at the same or lower classification the employee held at the time of layoff; and shall receive the pay closest to the outgoing salary. 2. The order of recall shall be determined on the basis of seniority, provided the employee to be recalled is fully capable of performing the available work without training, 3. Notice of recall shall be sent by certified mail to the last known address provided by the employee to the Superintendent or his designee. 4. The period of recall shall continue for the period of thirty (2730) months from the day of layoff a vacancy occurs within layoff. 5. An employee shall remain eligible for recall unless: a. The time limit for the District right of recall has expired; or b. he/she resigns; or c. the employee accepts or declines recall to any position for which a laid off employee he/she is fully qualifiedeligible for recall, such under Recall, paragraph 1 above; or d. he/she fails to respond to recall within ten (10) working days of receipt or attempt of delivery to the employee’s last known address as set forth in paragraph 3 above. 6. Upon return to service, the employee shall be recalled pursuant to credited with all back seniority; however, the following:period of layoff shall not be counted within that earned seniority total. Service credit will not be granted for the period of layoff. a. 7. At the time of layoff, if an employee has been employed by the School District shall for at least one year, the School District will provide for two (2) months of paid hospitalization or HMO coverage, as appropriate. Subsequently laid off employees to express in writing a desire to return may purchase Board hospitalization or 1-1M0 coverage, as provided by law, provided the employee makes payment to the DistrictTreasurer/CFO, as directed, by the date established for such payment by the Treasurer/CFO. The District shall also receive Failure to do so will result in the laid off employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days removal from the receipt of mailing to notify the District of intent to returninsurance rolls. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If Once an employee canis off the insurance rolls or elects not be contacted at his/her address or record (return of certified mailing) as provided for aboveto continue insurance coverage, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the such employee waives all further recall rights. b. All benefits rights to which an employee was entitled at coverage during the time period of layoff. Should a laid off employee have hospitalization benefits made available to him or her through another employer, including unused accumulated sick leave, will be restored to such employee must notify the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights Treasurer/CFO and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawinsurance rolls. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. A. If within twenty-seven (27) months of layoff a layoff, a vacancy occurs within the District for which a laid off employee member is fully qualifiedlicensed, such employee shall the recall procedure outlined in this Article will be recalled pursuant to the following:followed. a. B. At the time of the layoff, the District shall provide for laid off employees members to express in writing a desire to return to the District. The District shall also receive the employee’s member's address for recall notification. 1. In the event of a recall, the District shall notify the employee member who has expressed a desire to return to the District of the recall by certified mail, return receipt, sent to the last address given by the employee member to the District office. 2. The employee member will have seven (7) 20 calendar days from the receipt date of mailing to notify the District of intent to return. The employee member must thereafter report on the starting date specified by the District, District providing that this will not be less than twenty-one (21) calendar 20 days from the date of the notice of recall was received, or the member will lose all recall rights. 3. Notwithstanding the above paragraph, a recalled member will have up to 60 calendar days to return to District employment if that recalled member is, at the time of the recall, employed by another school district and is required to give 60 days' notice of intended resignation at that other school district If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless such a recalled member is released from the employee is under employment contract in another with the other school district, then such recalled member must return immediately to District employment. 4. Failure of the recalled teacher to respond within the time specified in which case the employee this section will be allowed one additional right deemed to recall if the employee so notifies the have resigned from District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsemployment. b. C. All benefits to which an employee a member was entitled at the time of the layoff, including unused accumulated sick leave, will be restored to the employee member upon the employee’s member's return to active employment, and the employee member will be placed on the proper step of the salary schedule for the employee’s member's current position according to the employee’s member's experience and education. An employee A member will not receive increment credit for the time spent on lay off layoff, nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. D. In determining which teacher or teachers member(s) to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of layoff When it is determined by the Agency to fill a vacancy occurs within or to recall employees in a classification where the District for which a laid layoff occurred, the following procedure shall be adhered to: The laid-off employee is fully qualifiedwith the most state seniority from the same, such similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid-off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled pursuant to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return employee's last known address or hand delivered to the Districtemployee with proof of receipt. The District Employees shall also receive maintain a current address on file with the employee’s address for Agency. Recall rights shall be within the Agency and within recall notification. In jurisdictions as outlined in Appendix J. If the event of a recall, the District shall employee fails to notify the employee who has expressed a desire Agency of his/her intent to return report to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have work within seven (7) calendar days from the of receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was receivedrecall, or lose all he/she shall forfeit recall rights. If an Likewise, if the recalled employee candoes not actually return to work within thirty (30) days, recall rights shall be contacted at forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid-off or displaced shall be removed from the recall and reemployment list if recalled to his/her address or record original classification and appointment category (return of certified mailingtype). Except that any employee declining recall to a different appointment category (type) as provided for above, then than that from which he/she will was laid-off or displaced shall be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlist for that appointment category (type). 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Joint Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. Any additional employment by the District following the layoff will be first offered to those previously laid-off in the order of seniority of those on layoff status, should they still wish to resume employment in the Madison Metropolitan School District provided they hold proper certification for the position. When teachers with the same seniority are laid off as referenced in Section IV-O-4-c, recall shall then be in the reverse order. A laid-off teacher shall be entitled to recall for a period of three (3) years from the date of the notification of layoff, unless said teacher thereafter affirmatively notifies the District annually by May 1 that he/she wishes to remain on the recall list. 1) An academic "overload" assignment must first be offered, on the basis of seniority, to those teachers on layoff who hold certification appropriate to teach classes contractually provided for as "overloads". The acceptance of such a position, if less than full-time will not negate the individual's right to recall to a full-time position. Overloads as a result of study hall assignment will not be offered to persons on layoff unless there are more than two (2) such study hall assignments (.40 FTE) in any high school. 2) The District shall have the option, based upon the needs of the District, to increase the percentage of contract of those currently employed under part-time contract or to assign teachers on layoff under such circumstances. 3) Of those teachers on layoff status, a full-time teacher may refuse any offer of employment as a teacher with the District at less than a full-time contract and still retain recall rights for future offers of employment. If within twentya full-seven (27) months time teacher accepts an offer for a part-time position, said acceptance does not negate that individual's right to recall to subsequent full-time positions. A part-time teacher on layoff may refuse any offer of layoff employment as a vacancy occurs within teacher with the District on a full-time contract basis and still retain recall rights for future offers of employment. However, a part-time teacher on layoff who refuses any offer of any part-time employment as a teacher with the District forfeits all recall rights for future offers of employment. A full-time teacher on layoff who refuses any offer of any full-time employment as a teacher with the District forfeits all recall rights for future offers of employment. However, a full-time teacher on layoff may refuse any offer of employment for teaching positions in certification areas in which he/she has not taught during the last three years and still retain, via this Recall Procedure, rights for future offers of employment. Any summer school/night school position occupied by a laid off employee is fully qualified, such employee teacher shall not in any way affect that teacher's right to recall under Section IV-O(4) of the Teachers' Collective Bargaining Agreement. 4) Teachers who get recalled to positions which were formerly held by teachers on sabbatical leave or medical leave of absence will be recalled placed in the surplus pool for reassignment pursuant to the following: a. At terms of this Section IV-O should the time of layoff, the District shall provide for laid off employees to express in writing teacher on such a desire to leave return to teaching after the District. The District shall also receive the employee’s address for recall notification. In the event expiration of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless leave. Should the employee is under contract in another school district, in which case teacher temporarily vacating the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s position not return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse former assignment, the teacher reemployed from the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence list who fills such assignment shall continue in the whole record; or d. Improperly construed the applicable lawthat assignment. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of layoff If, subsequent to a RIF notice, a vacancy occurs within the District for in a discipline from which teachers have been reduced and elected layoff status, a laid off employee is fully qualified, such employee recall notice shall be recalled pursuant sent via certified mail to the following: a. At teacher most recently reduced from the time of layoff, discipline in which the District shall provide for laid off employees vacancy exists. If a teacher fails to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven Superintendent within fourteen (714) calendar days from of the receipt issuance of mailing to notify the District a recall notice of his/her intent to returnaccept recall, said teacher shall forfeit all rights and benefits provided for in this Agreement. The employee A teacher who accepts recall must thereafter report commence work on the starting date specified by set forth in the District, providing that this will not be less than recall notice or within twenty-one (21) calendar days from days, whichever is later. A teacher who accepts recall shall have all benefits accrued up to June 30th of the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, year in which case the employee will be allowed one additional right RIF notice was given restored upon recall. Teachers with recall benefits are required to recall if keep the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time Superintendent informed of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s their current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffmailing address. 2. In determining Teachers who have accepted layoff status shall, during the recall period, be sent copies of all notifications of vacancies issued pursuant to Article X of this Agreement. If a teacher with recall benefits is hired for a vacancy outside of the discipline from which h/she was reduced, h/she shall have all rights and benefits accrued up to June 30th of the school year in which the RIF notice was given restored upon recall. During the recall period, teachers shall be entitled to participate in any group health and/or life insurance programs available to any teacher or teachers to recallon leave of absence without pay, provided the Board will utilize teacher pay the criteria set forth in paragraph B aboveentire cost of insurance premiums within 30 days of the billing date as issued by the Town Treasurer. Any The professional status of a teacher who does not accept a recall will lose all further recall rights and will has been recalled shall be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentdetermined in accordance with applicable law. 3. Any "appeal" from the Board's decision A teacher on layoff or recall leave of absence pursuant to this Article VII shall be by means considered as if she/he were on active duty for purposes of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H..

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27a) A Regular Employee who is displaced and laid off under this Agreement shall be placed on the recall list and shall have the right for a period of sixteen (16) months or his length of layoff a vacancy occurs within service whichever is less, from the District for which a date of his last being laid off employee is fully qualified, such employee shall to be recalled pursuant to the following:work in accordance with this Article. a. At the time (b) Notice of layoff, the District shall provide for laid off employees recall to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the an employee who has expressed a desire to return to the District been laid off shall be made by certified mail, return receipt, sent registered mail to the last known address given by of the employee employee, with a copy to the District Union office. The employee will have seven must respond to such notice and be available to go to work within fifteen (715) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice is mailed or such longer period as may be mutually agreed. An employee who is prevented from responding to a recall notice because of recall was receivedillness or other reason beyond the employee’s control, or who declines recall to a lower position, may be bypassed for the position available, but such employee shall not lose all seniority and recall rightsrights thereby. If Where more than one (1) employee is on the recall list in similar classifications, recall shall be made in order of seniority. The Employer has the right to request medical evidence with respect to any illness or injury, which causes an employee cannot to respond to recall notice. A laid off employee must keep the Employer informed of any change in address. (c) Employees on the recall list shall have first rights to any vacancy in their former job classification or to a similar classification for which the employee is qualified, and the Employer will not hire for, nor transfer, nor promote to such a classification while an employee is available from the recall list. (d) Employees who have been bumped will be contacted at his/her address or record (return returned to their former positions on the same basis as employees on the recall list subject to the seniority provisions of certified mailing) as provided for above, then he/she the list. An employee who accepts recall to a lower position than formerly held will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step bumped for purposes of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment operation of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffthis Section. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. The Board will use the following recall procedures for Non-Teacher Employees: 1. If within twentyNon-seven (27) months Teacher Employees will be recalled in order of layoff a vacancy occurs within the District seniority to vacancies for which a laid off employee is fully qualified, such employee they are currently certified and qualified as the positions become available. Non-Teacher Employees shall be recalled pursuant maintained on the recall list until they are restored to their FTE at the following: a. At the time point of layoff, subject to “5” below. A position shall not be considered vacant as the District shall provide for laid off employees to express in writing a desire to return to the Districtresult of an Employee going on leave. 2. The District shall also receive the employee’s address for Employer will send a recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District notice by certified mailmail to each recalled Non-Teacher Employee at his/her last known address, return receipt, sent to the last address given by the employee to the District office. The employee will have seven postmarked at least twenty (720) calendar days from the receipt of mailing to notify the District of intent to returnbefore his/her reporting date. The employee must thereafter report on the starting date specified by the District, providing that this Non-Teacher Employee will not be less than twenty-one indicate his/her desire to accept or reject an offer of recall within ten (2110) calendar days from the date the notice was received or within twenty (20) calendar days from the date the notice was sent, whichever occurs earlier. If a Non-Teacher Employee does not accept the position offered by the notice of recall was receivedwithin the aforementioned period, or lose all recall rights. If an employee cannot this shall conclusively and irrebuttably be contacted at construed to constitute a resignation and/or the Employee’s abandonment of his/her address or record (return of certified mailing) employment by the Board. The Employee shall immediately be removed from the recall list. 3. If the Non-Teacher Employee does not report for work as provided for abovescheduled, then he/she will be considered to have waived all recall rights, quit unless the employee is under contract in another school district, in which case Non-Teacher Employee has made other prior arrangements to report to work within five (5) working days of the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored scheduled date that are acceptable to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawEmployer. 4. Any regular employee who It is nonthe responsibility of the laid off Non-renewed or dismissed for Teacher Employee to notify the sameEmployer of any changes in his/her mailing address, telephone number, and only certification and/or approval status. 5. A laid-off Non-Teacher Employee shall be maintained on the same, reason(s) which the Board could have used to conduct recall list for a layoff under this Article, will be afforded re-employment rights in accordance with Section H.period of two

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentya recall is offered, it will be offered in seniority order to flight attendants on furlough status by sending a written recall notice by U.S. certified mail/return receipt requested or express mail at her/his last-seven (27) months of layoff a vacancy occurs within filed address and via electronic mail, provided the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to flight attendant has provided the following:Company with an e-mail address. a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification2. In the event of a order to help ensure that adequate flight attendants accept recall, the District Company may notify more furloughed flight attendants of recall than will actually be recalled. The Company shall notify provide notice to the employee redundant recipient(s) of a recall notice that they may not be recalled if the stated number of recalled Crewmembers is achieved. 3. A flight attendant who has expressed received a desire to return to recall notice must contact the District by certified mailCompany as soon as possible, return receipt, sent to the last address given by the employee to the District office. The employee will have seven but in no event later than fourteen (714) calendar days from the receipt of mailing the recall notice, to notify the District Company in writing that she/he is accepting recall, is electing to bypass, or is terminating her/his employment. Written notice must be sent directly to the Director of intent to returnInflight, or her/his designee, using one of the delivery methods set forth in Section B.1., above. The employee must thereafter report A recall notice will be considered received on the starting date specified by it was sent unless the Districtflight attendant can show that delivery was delayed, providing that this (e.g. USPS does not operate due to natural disaster. 4. A flight attendant on furlough status may bypass recall without forfeiting her/his seniority rights provided there is a furloughed flight attendant junior to her/him on the seniority list. If a furloughed flight attendant bypasses recall, such flight attendant will not be less eligible to return to duty until the next recall order is issued. However, a flight attendant on furlough status who elects to bypass may return (in seniority order) only as vacancies occur (i.e., no displacement/bumping is permitted). 5. A flight attendant on furlough status who accepts recall will not be required to report sooner than twenty-one (21) calendar days from the date of receipt of the recall notice. The recall notice may specify a return date exceeding twenty-one (21) days. By mutual agreement with the Company, a flight attendant may elect to return to duty sooner than the date specified in the recall notice. 6. If an insufficient number of flight attendants accept recall, a mandatory recall will be made in reverse system-wide seniority order. The Company will notify the furloughed flight attendant that she/he must either accept the mandatory recall or she/he will be removed from the seniority list. A flight attendant will have up to fourteen (14) days from the date of receipt of the mandatory recall notice in which to return to active duty. 7. A flight attendant on furlough status will retain her/his seniority under this Agreement until: a. The flight attendant fails to respond to a notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria limit(s) set forth in paragraph B abovethis Section; b. The flight attendant has not been recalled from furlough within two (2) years from the date of furlough notice; or c. The flight attendant has declined or failed to respond to a mandatory recall. Any teacher who does not accept a recall A flight attendant falling under Sections C.7.a. – b., above will lose all further recall rights have her/his name removed permanently from the seniority list and will not be deemed entitled to recall. 8. A flight attendant on furlough status who is recalled from furlough can use her/his seniority to bid on available vacancies. 9. Each furloughed flight attendant must file her/his correct mailing address and telephone or cellular phone number in writing with the Company and will promptly advise the Company in writing of any subsequent change of address or telephone/cell number. This is the address to which any recall notification will be sent. If the flight attendant’s address is a PO Box, the flight attendant must also have resigned from District employment. Any teacher not recalled a physical address on file with the Company in order to receive notices pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentSection. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentyThe Employee displaced or laid-seven (27) months of layoff a vacancy occurs within the District off will be recalled to vacancies for which the employee meets the qualifications in the job description in reverse order of the lay off. An Employee displaced or laid-off through the procedure shall be maintained on a laid recall list for a period of five (5) consecutive years from date of being displaced or laid-off employee is fully qualified, such employee and shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step reverse order of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layofflay-off. 2. In determining If a displaced or laid-off Employee refuses recall to a position that is less hours/pay grade than the position from which teacher the Employee was displaced or teachers to recalllaid-off, then the Board Employee will utilize remain on the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentlist. 3. Any "appeal" If a displaced Employee refuses recall to a position for which the Employee meets the qualifications of the job description that is at the same hours/pay grade as the position from which the Employee was displaced, then the Employee will be removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final list and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence remain in the whole record; or d. Improperly construed the applicable lawcurrent job classification. 4. Any regular employee If a laid-off Employee refuses recall to a position for which the Employee meets the qualifications of the job description with the same hours/pay grade, that Employee will be considered as having resigned employment with the school district. 5. Bargaining unit positions shall be posted that remain unfilled after all the assignments and reassignments are made. 6. If an Employee on recall bids for and is awarded a posted vacancy as a permanent position, the Employee will be removed from the recall list. 7. Notice of recall to a laid-off Employee shall be sent to the Employee at the Employee’s last known address on file with the district by express mail. The laid-off Employee who is non-renewed or dismissed recalled is to confirm with the Human Resources department in writing no later than five (5) business days prior to the return to work date of the Employee’s intention to return. If an Employee fails to confirm the Employee’s return in writing and report for work on the samedate indicated in the notice, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will Employee shall be afforded re-employment rights in accordance with Section H.considered as having resigned employment.

Appears in 4 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Recall. 1. If (a) An Employee on layoff shall be offered any regular vacancy or temporary vacancy in the Bargaining Unit which is to be filled within twenty-seven twelve (2712) months of the date of layoff a vacancy occurs within if the District Employee has less than fifteen (15) years of seniority, eighteen (18) months if the Employee has greater than or equal to fifteen (15) years of seniority, and for which a laid off employee is fully qualifiedthe Employee has the necessary skills, such employee abilities and qualifications to perform the work. An Employee on layoff shall be recalled pursuant to the following: a. At the time in order of layoff, the District service seniority. Temporary Employees shall provide for be recalled after regular Employees. A laid off employees to express in writing a desire to return to regular Employee will have precedence over any other Employee for the Districtvacancy. The District shall also receive order of seniority will be used between laid off Employees to determine to whom the employee’s address for recall notification. In the event of a recall, the District vacancy is offered. (b) The Employer shall notify laid off Employees of such vacancies. It is the employee who has expressed a desire responsibility of the laid off Employee to return to ensure that the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt Employer is duly notified of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her current address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsand telephone number. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed (c) An Employee shall not accumulate seniority while on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher (d) A laid off Employee who has received notice or teachers pay in lieu of notice and is recalled for a period of three (3) months or less or for Short Term Disability relief of up to recallfour (4) months, the Board will utilize the criteria set forth shall not be entitled to receive notice or pay in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to lieu of notice if laid off again within this Article within 27 months of layoff will be deemed to have resigned from District employmentperiod. 3. Any "appeal" from (e) A laid off Employee(s) who has received notice or pay in lieu of notice and is recalled and works for a period in excess of the Board's decision on layoff or recall pursuant to this Article periods defined in (d) above shall be by means entitled to receive notice or pay in lieu of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights notice in accordance with Section H.Article 12.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1. If within twentyA. Recalls shall be made in order of bargaining unit seniority from among those employees laid-seven (27) months off in the job title in which the recall occurs. B. Employees who chose to return to a lower job title in accordance with Section 12A of layoff a vacancy occurs within this Article shall retain their recall rights to the District for job title from which a they were laid off off, until refusing to accept an offer in the job title from which laid off. C. A regular employee who is fully qualifiedlaid off, such employee when recalled, shall be recalled pursuant to the following: a. At job title from which they were laid off at the pay level at which they were laid off or the current pay level, whichever is higher, and shall retain all benefits which are current for bargaining unit employees at the time of layoffthe recall. D. Recall shall be by written certified notice, return receipt requested, to the employee's last known address on file with the Human Resources Office and shall require that the employee accept or reject recall within five (5) working days after the delivery date or proof of non-delivery. Employees accepting recall shall have two (2) weeks from the receipt of the notice to return to work. Should special circumstances prevent a return to work within two (2) weeks, the District employee shall provide for laid off employees to express in writing notify the Human Resources Office and arrange a desire to return date acceptable to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire Failure to return to work within the District by certified mail, return receipt, sent agreed upon time or refusal to accept a recall shall be considered a voluntary termination. It shall be the last address given by employee's responsibility to keep the employee to Human Resources Office informed of current phone number and address. Layoff status shall automatically terminate twelve (12) months after the District officeeffective date of such layoff. The employee will have seven Employees who are laid off and who are subsequently reinstated within twelve (712) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report months shall retain their full seniority but not receive credit for movement on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary wage schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layofflayoff period. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within A teacher who is laid off will remain eligible for recall for twenty-seven (27) months from the last date of layoff a vacancy occurs within work for the District prior to layoff. No new teachers shall be hired to any position until all laid-off employees who are licensed for which a laid the position have been given an opportunity to accept the position. 2. Subject to the provisions of B.3. above, laid-off employee is fully qualified, such employee teachers shall be recalled pursuant to in reverse order of lay-off, provided they are properly licensed for the following:vacant positions. a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District3. The District shall also receive the employee’s address for recall notification. In the event notify laid-off employees of a recall, the District shall notify the employee who has expressed a desire to return to the District position opening by certified mailregistered letter, return receiptreceipt request, sent to the last address given by the employee to the District officeat their last-known address. The employee will Laid-off teachers shall have seven (7) workdays from receipt of such notification in which to indicate their acceptance or rejection of the position and an additional ten (10) days thereafter in which to begin active employment unless otherwise mutually agreed upon. Recalled teachers who have accepted employment with an employer who requires advance notice of resignation shall have up to sixty (60) calendar days from the receipt of mailing within which to notify report to work for the District of intent after being recalled, if not released immediately by their current District. 4. Teachers who cannot be reached at their last-known address or who reject any position offered shall forfeit all re-employment rights. Teachers who wish to return. The employee must thereafter report on the starting date specified waive re-employment rights may do so by written notification to the District, providing that this will which shall constitute resignation. However recall rights shall not be lost if a teacher rejects recall to a position with less hours than twentythe previously held position. 5. Teachers returning from layoff shall have all previously accrued sick leave and seniority reinstated. 6. The District will provide teachers on layoff with paid single party medical insurance for a period of three (3) months. This coverage may be continued by the teacher after the three-one (21) calendar days from month period for the date balance of the notice of recall was receivedperiod provided the teacher pays the premium, or lose all recall rightssubject to any restrictions established by the carrier. If an employee cannot be contacted During the initial three-month period and throughout the layoff period, the teacher may elect to purchase, at his/her address or record (return of certified mailing) as provided own expense, group insurance for aboveother family members, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.any restrictions established by the carrier. Teachers who accept other employment which includes comparable insurance benefits shall not be eligible for extension of group insurance.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. Any additional employment by the District following the layoff will be first offered to those previously laid-off in the order of seniority of those on layoff status, should they still wish to resume employment in the Madison Metropolitan School District provided they hold proper certification for the position. When teachers with the same seniority are laid off as referenced in Section IV-O-4-c, recall shall then be in the reverse order. A laid-off teacher shall be entitled to recall for a period of three (3) years from the date of the notification of layoff, unless said teacher thereafter affirmatively notifies the District annually by May 1 that he/she wishes to remain on the recall list. 1) An academic "overload" assignment must first be offered, on the basis of seniority, to those teachers on layoff who hold certification appropriate to teach classes contractually provided for as "overloads". The acceptance of such a position, if less than full-time will not negate the individual's right to recall to a full-time position. Overloads as a result of study hall assignment will not be offered to persons on layoff unless there are more than two (2) such study hall assignments (.40 FTE) in any high school. 2) The District shall have the option, based upon the needs of the District, to increase the percentage of contract of those currently employed under part-time contract or to assign teachers on layoff under such circumstances. 3) Of those teachers on layoff status, a full-time teacher may refuse any offer of employment as a teacher with the District at less than a full-time contract and still retain recall rights for future offers of employment. If within twentya full-seven (27) months time teacher accepts an offer for a part-time position, said acceptance does not negate that individual's right to recall to subsequent full-time positions. A part-time teacher on layoff may refuse any offer of layoff employment as a vacancy occurs within teacher with the District on a full-time contract basis and still retain recall rights for future offers of employment. However, a part-time teacher on layoff who refuses any offer of any part-time employment as a teacher with the District forfeits all recall rights for future offers of employment. A full-time teacher on layoff who refuses any offer of any full-time employment as a teacher with the District forfeits all recall rights for future offers of employment. However, a full-time teacher on layoff may refuse any offer of employment for teaching positions in certification areas in which he/she has not taught during the last three years and still retain, via this Recall Procedure, rights for future offers of employment. Any summer school/night school position occupied by a laid off employee is fully qualified, teacher shall not in any way affect that teacher's right to recall under Section IV-O(4) of the Teachers' Collective Bargaining Agreement. 4) Teachers who get recalled to positions which were formerly held by teachers on sabbatical leave or medical leave of absence will be placed in the surplus pool for reassignment should the teacher on such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to leave return to teaching after the District. The District shall also receive the employee’s address for recall notification. In the event expiration of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless leave. Should the employee is under contract in another school district, in which case teacher temporarily vacating the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s position not return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse former assignment, the teacher reemployed from the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence list who fills such assignment shall continue in the whole record; or d. Improperly construed the applicable lawthat assignment. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27At the point that the Company determines more active duty Flight Attendants are necessary, involuntarily furloughed Flight Attendants and Flight Attendants without a specific return date will be recalled in seniority order to the Base(s) months of layoff where vacancies exist. Where a vacancy occurs within recall involves positions at more than one Base, a Flight Attendant may use her/his System Seniority to select the District for Base to which a laid off employee is fully qualified, such employee they will return. 2. An electronic recall notice shall be recalled pursuant sent to each Flight Attendant entitled to recall by a form of delivery that provides a notice of delivery to the following: a. At last address provided by the time Flight Attendant in addition to certified mail, return receipt requested. The notice of layoff, recall shall specify the District Base(s) where a Position is available and the date of recall which shall provide for laid off employees be no sooner than fourteen (14) days after the notice is sent. A furloughed flight attendant failing to express in writing a desire notify the Company of her/his intention to return within ten (10) calendar days after delivery of the notice of recall to the Districtemail address on file with the Company or who fails to return on the date specified in the recall notice, will be considered to have declined recall and resigned from the employment of the Company. The District shall also receive It is the employee’s address for recall notificationFlight Attendant's responsibility to keep the Company informed of her/his correct residential address, telephone number and email address. In the event of a recall, the District shall notify Company has addressed and directed the employee who has expressed a desire to return to the District by certified mail, return receipt, sent notice to the last address given by on file with the employee Company and the Flight Attendant fails to acknowledge receipt or otherwise respond to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than recall notice within twenty-one (21) calendar days from of the date sending of the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallnotice, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and Flight Attendant will be deemed to have declined recall and resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months the employment of layoff will be deemed to have resigned from District employmentthe Company. 3. Any "appeal" A furloughed Flight Attendant who wishes to remain on furlough status may request to defer recall within seventy-two hours (72:00) from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant time the notification is delivered to the Article on Grievance ProcedureFlight Attendant’s email address. The decision of the arbitrator Deferrals from furlough will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdictiongranted in order of system seniority. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence Deferrals will be denied in the whole record; or d. Improperly construed the applicable lawevent there are insufficient junior Flight Attendants available for recall to fill all vacancies. 4. Any regular employee A Flight Attendant, who is non-renewed or dismissed recalled and is unable to return to active duty due to a medical reason, may apply for medical leave. If the sameFlight Attendant was on a medical leave prior to the furlough, the time spent on medical leave at the time of the furlough shall be considered as time towards the maximum amount of medical leave. Medical certifications and only the same, reason(s) which the Board could have used to conduct proper documentation for a layoff under this Article, medical leave are required. All medical leaves of absence will be afforded re-employment rights administered in accordance with Section H.the Agreement and applicable laws in effect at the time of request. 5. A Flight Attendant who is furloughed prior to the completion of her/his probationary period shall be required to remain on probation until completion of the full probationary period after return to full-time active status.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If If, within twenty-seven (27) months of layoff layoff, a vacancy occurs within the District for which a laid laid-off employee teacher is fully qualified, such employee shall the recall procedure outlined below will be followed. 1. The District will institute a recall procedure which will insure that teachers be recalled pursuant to in the following:inverse order of layoff, unless competence or merit is used. a. 2. At the time of layoff, the District shall provide for laid laid-off employees teachers to express in writing a desire to return to the District. The District shall also receive the employee’s teacher's address for recall notification. In the event of a recall, the District shall notify the employee teachers who has have expressed a desire to return to the District of the recall by certified mail, return receiptreceipt requested, sent to the last address given by the employee teacher to the District office. The employee teacher will have seven fifteen (715) calendar days from the receipt date of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the Districtteacher must, providing that this will not be less than twenty-one thereafter, respond within thirty (2130) calendar days from the date the recall notice of recall was receivedreceived or, or lose all recall rights. If an employee cannot be contacted if employed elsewhere, at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies a time mutually agreed upon by the District and the employee. Failure of the teacher to respond within the 21-day time period. In fifteen (15) calendar days herein specified shall terminate the event the employee refuses teacher's employment as a second recall, the employee waives all further recall rightsvoluntary resignation. b. 3. All benefits to which an employee a teacher was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee teacher upon the employee’s teacher's return to active employmentemployment provided those benefits are still in effect, and the employee teacher will be placed on the proper step of the salary schedule for the employee’s teacher's current position according to the employee’s teacher's experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed The District shall continue to pay insurance benefits on behalf of the teacher for a period of thirty (30) days. Such coverage may be continued for the same, balance of the layoff provided the employee pays the premium and only such practice is with the same, reason(s) which approval of the Board could have used to conduct a layoff under insurance carrier. 5. Teachers covered by this Article, article will be afforded re-employment rights in accordance with Section H.given consideration for substitute teaching; such will not affect teacher recall rights.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months A. In the event the work force covered by the terms of layoff this Agreement is increased following a vacancy occurs within the District for which a laid off employee is fully qualifiedlayoff, such employee employees shall be recalled pursuant in the order and manner outlined below, subject to the following:applicable provisions of Article XV, Leaves of Absence. a. At 1. First, employees who exercised their seniority within their classification by accepting another position equal to or lower than the position from which they were laid off shall be recalled to the position they held at the time of layoff on the basis of seniority accrued within the classification, with the highest seniority employee being recalled first. 2. Second, employees shall be recalled to the classification from which they were laid off in reverse order of the layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid-off from the classification and to employees who were likewise laid off from the classification, but who exercised their accrued seniority to secure a position in another classification in which they had previously worked. 3. Employees being recalled in accordance with the provisions of Section 2 above shall be eligible for positions that are lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified to assume the position that differs from the one they held at the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. . B. In the event of a recall, the District Board shall notify the employee who has expressed provide a desire to return written notice of recall to the District affected employee(s) by personal delivery, or by registered or certified mail, return receipt, sent to the employee at his/her last address given by known address. It is the responsibility of the employee to keep the District office. The Board advised of his/her current address, and of any changes in his/her address. C. In the event an employee will have seven (7) calendar days from the receipt of mailing fails to notify the District of report his/her intent to returnreturn to work within five (5) working days following the date of delivery of a written notice of recall, the employee shall be considered a quit. The Further, in the event an employee must thereafter fails to report on to work within ten (10 ) working days after the starting date specified by the Districtemployee reported his/her intent to return to work, providing that this will not the employee shall be less than twenty-one considered a quit. D. An employee shall remain eligible for recall for a maximum period of three (213) calendar days years from the date the notice employee was laid off. No employee shall have a right to recall for a period of recall was received, or lose all recall rights. If an employee cannot be contacted at time exceeding his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled accumulated seniority at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recallE. If bus monitors are recalled following a layoff, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article they shall be by means recalled to their classification in reverse order of a grievance filed pursuant the layoff, with the highest seniority employee being recalled first. Laid- off bus monitors shall not be eligible for recall to positions in other classifications, nor shall laid-off employees from other classifications be eligible for recall to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawbus monitor classification. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven The following shall apply only to laid off Employees who have elected this process. (27a) Laid off Employees shall be eligible for recall for a period of twelve (12) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting following their effective date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2(b) The Municipality shall make every reasonable attempt to contact and recall laid off Employees in order of seniority, subject to their qualifications. In determining which teacher or teachers It is the responsibility of the Employee to recall, notify the Board will utilize Human Resources Department of any change of address and other contact information. (c) The Municipality shall specify the criteria set forth in paragraph B abovetime when a laid off Employee shall return to work. Any teacher A laid off Employee who has accepted the Municipality's recall but who does not accept report to work within forty-eight (48) hours of recall or who refuses such a recall will lose all further shall be treated as follows: (i) If failure to report to work within forty-eight (48) hours of the recall rights is the Employee’s first failure to report to work for a recall, then the Employee shall be moved to the bottom of the eligibility list, however, if this is not the Employee’s first failure to report following recall, i.e., there has been one previous failure to report on the Employee’s part, then the Employee shall no longer be eligible for recall and will shall be deemed terminated. The Municipality may extend these time limits where extenuating circumstances exist. (ii) A. If a laid off Permanent Full-time Employee refuses a recall to Permanent Full-time employment, then the Employee shall no longer be eligible for recall and shall be deemed to have resigned from District employmentbe terminated. Any teacher not recalled pursuant The same also applies to this Article within 27 months of layoff will be deemed a laid off Permanent Part-time Employee who refuses a recall to have resigned from District Permanent Part-time employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1Employees who are laid off shall be placed on a recall list for a period of two (2) years. If within twenty-seven (27) months of layoff there is a vacancy occurs within recall, employees who are still on the District for which a laid off employee is fully qualified, such employee recall list shall be recalled, in the inverse order of their layoff, provided that employees for whom paramedic certification is a requirement for the classification to which they are being recalled pursuant must maintain paramedic certification in order to be eligible for recall. Employees who are eligible for recall shall be given fourteen (14) calendar days’ notice of recall and notice of recall shall be by certified or registered mail with a copy to the following: a. At Union, provided that the time employee must notify the Fire Chief or the Chief’s designee of layoff, the District shall provide for laid off employees to express in writing a desire employee’s intention to return to the Districtwork within three (3) business days after receiving notice of recall. The District City shall also receive be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail to the mailing address last provided by the employee’s address for recall notification. In , it being the event obligation and responsibility of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to provide the District office. The employee will have seven (7) calendar days from Fire Chief or the receipt of Chief’s designee with the latest mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rightsaddress. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for abovefails to respond in a timely manner to a recall notice, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return name shall be removed from the recall list. The City may require a recalled employee to active employmentpass a departmental physical and/or medical examination before returning to work. Upon recall, and employees shall be returned to the employee will be placed same position on the proper step current salary schedule that they were on as of the salary schedule for effective date of the employee’s current position according layoff. Notwithstanding any other provision of this Agreement, any employee who has been bumped from the rank of lieutenant/paramedic to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment rank of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed firefighter/paramedic pursuant to the Article on Grievance Procedure. The decision provisions of this Section shall have the arbitrator will right to be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable reinstated to the matter rank of lieutenant/paramedic before it; c. Made a finding or order not supported by substantial evidence in any other employee is promoted to the whole record; or d. Improperly construed the applicable lawrank of lieutenant/paramedic. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. Employees who have been laid off shall be re-employed in seniority order from most senior to least senior. Employees whose positions have been eliminated through layoff or otherwise, shall be called first to fill a vacancy within their job family. 1. If within twenty-seven (27) months of layoff Prior to other employees being recalled from the recall list, an employee who displaced another employee pursuant to provisions contained in this article shall have the right to be recalled to a vacancy occurs within the District vacant position for which a laid off employee is fully they are qualified. However, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the displaces another employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will shall not be less eligible for a position at a higher pay grade than twenty-the one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled originally held at the time of layoff. If the employee who displaced another employee fills a vacancy in his/her original department, including unused accumulated sick leavethen the employee whom he/she displaced will automatically be recalled into the position from which he/she previously held. After this process, other employees will be restored recalled to fill a vacancy for which they are qualified in the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during same department they were assigned at the time of their layoff. 2. In determining Employees may be offered a position outside their department/program for which teacher or teachers they are qualified. Employees may refuse a position outside their department/program. Employees who refuse such a position a second time shall have no further rights to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" Each employee on layoff shall be required to provide the District Personnel Office, in writing, with a current address to which a letter of recall may be sent. Employees being recalled shall be notified by “Certified Mail Delivery Confirmation” and shall have five (5) working days from the date of the receipt of notice to respond to the School Board's decision ’s offer and return to work. The School Board reserves the right to temporarily assign an employee to the vacancy until the recalled employee reports to work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not receive an affirmative response, the employee will be moved to the bottom of the recall list. If the recall notice is returned in the allotted time, yet not marked appropriately by the Human Resources Department, the employee shall retain his/her place on the recall list for the next job opening for which he/she is qualified. However, after the third returned notice, the employee’s name will be dropped from the recall list and the School Board shall have no further obligation to the employee. 4. An employee whose contract is non-renewed due to reorganization shall be entitled to recall rights for a layoff or period of eighteen (18) months. All other employees shall be entitled to recall rights for a layoff period of twelve (12) months. 5. The employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverages in existing programs during the layoff provided that the premium for such insurance programs shall be paid by means of the employee on a grievance filed pursuant to the Article on Grievance Procedure. The decision monthly basis in advance of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawmonth due. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1For each classification, the Superintendent, or his/her designee, shall establish a recall list on which shall be set forth the names of employees in the affected classification whose contracts have been suspended and the order of suspension. If within twenty-seven (27) months Employees whose continuing contracts have been suspended shall have the first right of layoff restoration to continuing contract status in order of seniority in the district if and when positions in their classification become available. Other employees whose contracts have been suspended shall have recall rights to a vacancy occurs within position in the District same classification after all eligible continuing contract employees have been recalled. Recall rights for these employees shall be in accordance with district seniority in the classification in which a laid off employee is fully qualified, such employee position becomes available. Continuing and limited contracted employees shall be recalled pursuant eligible to remain on the recall list for three (3) years. Without regard to the following: a. At nature of the time of layoffcontract suspended, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address no employee eligible for recall notification. In the event shall have any right, by reason of a recall, greater than reinstatement of the District suspended contract. Employees who are recalled shall notify retain all previously accumulated seniority and sick leave, but time spent on suspension pursuant to this Article XI, shall not be calculated in determining seniority for any purpose. When a bargaining unit member has the opportunity to bump an employee who has expressed with less district seniority in accordance with this Article, Section C., but chooses to be displaced into a desire lower classification in his/her current promotional chain or a classification not in his/her current promotional chain where the wage is less than another position that is available to return him/her at the time of the displacement, he/she shall waive his/her rights to be recalled to any job classification he/she bypassed in the District bumping process. This clause shall not limit or deny a bargaining unit member’s right to be recalled to a position that was not available to him/her at the time of the reduction in force. When the Board determines to initiate a recall, the employees to be recalled shall be sent notice by certified mail, return receiptreceipt requested, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the Districtfile, providing that this will not in which notice shall be less than twenty-one (21) calendar days from set forth the date the employee is expected to return to work. The limit of the Board's responsibility in this regard shall be the sending of the notice by return receipt requested. If, within ten (10) workdays of the postmarked date of the recall was receivedletter, the employee fails to report an intention to accept the recall, in writing, to an offer made by the Board, Superintendent, or lose all his/her designee, the employee shall automatically be placed at the bottom of the recall rightslist for a period not to exceed three (3) years. If an employee canturns down a job offer, he/she shall be taken off the recall list. If an employee is offered a temporary position and accepts that temporary position or turns down the temporary job offer, that employee shall not be contacted at lose his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed place on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffrecall list. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27a) months of layoff a vacancy occurs within the District for which a A regular Employee who is displaced and laid off employee is fully qualified, such employee under this Agreement shall be recalled pursuant to placed on the following: a. At recall list and shall have the time right for a period of layofftwo (2) years or his length of service, whichever is less, from the District shall provide for date of his last being laid off employees to express be recalled to work in writing a desire accordance with this Article. (b) Notice of recall to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the an employee who has expressed a desire to return to the District been laid off shall be made by certified mail, return receipt, sent registered mail to the last known address given by of the employee employee, with a copy to the District Union office. The employee will have seven must respond to such notice and be available to go to work within fifteen (715) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice is mailed or such longer period as may be mutually agreed. An employee who is prevented from responding to a recall notice because of recall was receivedillness or other reason beyond the employee’s control, or who declines recall to a lower position, may be bypassed for the position available, but such employee shall not lose all seniority and recall rightsrights thereby. If Where more than one (1) employee is on the recall list in similar classifications, recall shall be made in order of seniority. The Employer has the right to request medical evidence with respect to any illness or injury which causes an employee cannot to respond to recall notice. A laid off employee must keep the Employer informed of any change in address. (c) Employees on the recall list shall have first rights to any vacancy in their former job classification or to a similar classification for which the employee is qualified, and the Employer will not hire for, nor transfer, nor promoted to such a classification while an eligible employee is available from the recall list. (d) Employees who have been bumped will be contacted at his/her address or record (return returned to their former positions on the same basis as employees on the recall list subject to the seniority provisions of certified mailing) as provided for above, then he/she the list. An employee who accepts recall to a lower position than formerly held will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step bumped for purposes of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment operation of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffthis Section. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1An employee who has been laid off shall be entitled to recall rights for a period of eighteen (18) months from the effective date of his/her layoff. If within twenty-seven (27) months of layoff a vacancy occurs within in a position, employees on the District for which a laid off employee is fully qualified, such employee recall list shall be recalled pursuant notified of such vacancies at the employee's address on file with the Human Resource Department. The vacancy will be filled, in accordance with seniority, among current employees and those on the recall list. If employees on the recall list elect not to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire accept an offer to return to work in the District. The District shall also receive the employee’s address for recall notification. In the event of former or a recall, the District shall notify the employee who has expressed a desire comparable position or fail to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have respond within seven (7) calendar consecutive days from of the receipt offer of mailing recall, they shall be considered to notify the District of intent have terminated or abandoned their right to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twentyre-one (21) calendar days from the date the notice of recall was received, or lose employment and relinquished all recall rights. If employees on the recall list elect not to accept an offer of a non-comparable position, they may retain their recall rights for the balance of their recall period. As long as any employee canremains on the recall list, the Employer shall not be contacted at his/her address or record (return of certified mailing) newly employ by hiring persons into the bargaining unit until all qualified employees holding recall rights have been offered recall, as provided for above, then he/she will to any vacant positions for which they are qualified. It shall be considered the responsibility of the affected employee to have waived all provide the Employer with their current mailing address and telephone number. A copy of the recall rightslist shall be provided to the Association, unless upon request. A person on the employee recall list who is under contract re-employed in another school district, in which case a regular position with the employee will be allowed one additional right to recall if Employer shall serve a probationary period only for the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled period of probation remaining unserved at the time of the layoff. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority as a result of layoff for a period of up to eighteen (18) months; provided, however, that no seniority shall be accrued during the period of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue or during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District temporary employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentyThe Employee displaced or laid-seven (27) months of layoff a vacancy occurs within the District off will be recalled to vacancies for which a laid the Employee meets the qualifications in the job description in reverse order of the lay off. An Employee displaced or laid-off employee is fully qualified, such employee through the procedure shall be recalled pursuant to the following: a. At the time maintained on a recall list for a period of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days consecutive years from date of being displaced or laid-off and shall be recalled in reverse order of the lay-off. 2. If a displaced or laid-off Employee refuses recall to a position that is lesser in maximum possible annual base compensation than the position from which the Employee was displaced or laid-off, then the Employee will remain on the recall list. 3. If a displaced Employee refuses recall to a position for which the Employee meets the qualifications of the job description that is at the same maximum possible annual base compensation rate as the position from which the Employee was displaced, then the Employee will be removed from the receipt of mailing to notify recall list and remain in the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rightscurrent job classification. 4. If an employee cannot be contacted at his/her address or record (return a laid-off Employee refuses recall to a position for which the Employee meets the qualifications of certified mailing) as provided for abovethe job description with the same maximum possible annual base compensation, then he/she that Employee will be considered to have waived all recall rights, unless as having resigned employment with the employee is under contract in another school district, in which case the employee . 5. Recall will be allowed one additional right to recall if the employee so notifies the District within the 21-day time periodbased on maximum possible annual base compensation. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee The affected Employee will be placed on the proper step salary schedule so that the Employee will be closest to the Employee’s maximum possible annual base compensation from which the Employee was eliminated/reduced/bumped or their current job classification. When recalled to the Employee’s job classification/pay grade from which they were laid off, they will be placed at the Step the Employee would have achieved had they remained in that job classification/pay grade. 6. Bargaining unit positions shall be posted that remain unfilled after all the assignments and reassignments are made. 7. If an Employee on recall bids for and is awarded a posted vacancy as a permanent position, the Employee will be removed from the recall list. 8. Notice of recall to a laid-off Employee shall be sent to the Employee at the Employee’s last known address on file with the district by express mail. The Laid-off Employee who is recalled is to confirm with the Human Resources Department in writing no later than five (5) business days prior to the return to work date of the salary schedule Employee’s intention to return. If an Employee fails to confirm the Employee’s return in writing and report for work on the employee’s current position according to date indicated in the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recallnotice, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will Employee shall be deemed to have considered as having resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Recall. 1Employees shall be recalled to the location from which they were laid off on the basis of classification and status at that location with the most senior recalled first, provided that Employee recalled is qualified to perform the available work. If within twenty-seven Such recall shall be subject to the following provisions. (27a) Severance pay, where applicable, will be paid in accordance with the Employment Standards Act. Acceptance of such payment shall be considered a severance of the employment relationship. (b) Full time and regular part time Employees on layoff may notify the Employer, in writing, of their interest in accepting casual work and/or temporary recalls which may arise and for which they are qualified. (c) Laid off Employees are eligible, in order of seniority, for “temporary” recalls at the location from which they were laid off, of more than twelve (12) weeks and not longer than six (6) months and shall advise the Employer, in writing, as to whether they are interested in such recalls. Employees recalled for six (6) months or less shall not be entitled to further notice of layoff nor bumping rights. Furthermore, the time used to determine the Employee’s entitlement for continuing in the benefits program, for recall, and for other purposes under the layoff or seniority clauses shall be frozen during the period of temporary recall, and shall begin to accumulate again when the temporary recall ends. Employees temporarily recalled will be paid the percentage in lieu of benefits unless they had elected to maintain benefits while on layoff in which case the Employer shall pay the Employer portion of the premium cost during such temporary recall. Otherwise Employees temporarily recalled have all the rights of other recalled Employees. (d) If an Employee declines a vacancy occurs within temporary recall the District for which Employer shall not be obliged to offer a temporary recall again during the balance of the temporary recall offered to the Employee. Acceptance of a temporary recall by a laid off employee is fully qualifiedEmployee does not constitute a recall to work, such employee shall be recalled pursuant to and after the following: a. At completion of the time of layoffassignment, the District shall provide for Employee continues to be laid off employees in accordance with this Article. (e) Regular full time and regular part time Employees on layoff may elect to express in writing have access to shifts that would otherwise be offered on a desire to return to casual basis. Such Employees will inform the District. The District shall also receive the employee’s address for recall notification. In the event Employer of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have their election seven (7) calendar working days from prior to the receipt of mailing to notify the District of intent to returnlayoff becoming effective. The employee must thereafter report on process of offering shifts would be in accordance with the starting date specified by the District, providing Employer’s process for offering casual shifts. Those Employees that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she elect to take shifts will be considered offered shifts before casual staff. The refusal of casual shifts would not affect their status as a laid off Employee. The time used to have waived all recall rightsdetermine the Employee’s entitlement for continuing in the benefits program, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second for recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse other purposes under the layoff or recall decision made by seniority clauses would be unaffected during the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawperiods of time worked. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 114.1 Recalls for permanent Employees shall be in order of bargaining unit seniority provided the Employee being recalled has the qualifications to perform the work available. 14.2 Recalls for temporary Employees shall be in order of seniority in the department provided the Employee being recalled has the qualifications to perform the work available. 14.2.1 Temporary Employees being recalled to a relief assignment or temporary position of greater than thirty (30) days shall receive at least ten (10) days notice by telephone. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee an Employee is fully qualified, such employee shall unable to be recalled pursuant to the following: a. At the time of layoffcontacted by telephone, the District City shall provide for laid off employees to express in writing a desire to send the notice of recall by registered mail. If an Employee does not return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven work following ten (710) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall registered letter was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallsent, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will shall be deemed to have resigned and forfeited all accumulated seniority. 14.2.2 If a temporary Employee is electing not to be available for any relief assignments or temporary positions for a specific period of time following a layoff, that Employee must request approval from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff his supervisor, in writing, for the period when he will be deemed unavailable. Such requests shall not be unreasonably denied where there are qualified Employees available to have resigned from District employmentperform the work. Where there are multiple requests and the City is unable to approve all requests, priority shall be given to the most senior Employee(s). 3. Any "appeal" from 14.2.3 Where a temporary Employee has indicated, in writing, he is unavailable; he shall waive his rights to be contacted for any relief assignment or temporary positions within the Board's decision on layoff approved period but shall continue to retain his seniority. 14.2.4 Where a temporary Employee had initially indicated, in writing, that he would not be available for any relief assignment or recall pursuant to this Article temporary position for a specific period but later changes his decision; he shall be by means inform his Supervisor of a grievance filed pursuant to the Article on Grievance Procedurehis availability in writing. The decision Employee shall only exercise accumulated seniority for relief assignments and temporary positions that become available after the notification of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawhis availability. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1Employees shall be recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status have had an opportunity to return to work in accordance with this article. Employees shall have recall rights to positions other than their original job including temporary jobs) in their former classification or in classifications they qualify for with pay equal to or less than the pay of their former classification. Employees recalled to positions other than their original job shall be placed at the same pay step they held before layoff, whether the salary range is equal to or lower than their former range, and be subject to a four week trial period. If they fail the trial period, they shall be returned to the layoff list until the original one-year layoff period expires. In no case, shall recalled employees go through a trial period for the job they occupied before layoff, nor will they be taken off of the recall list for permanent jobs as a result of accepting work in a temporary position. Employees who have been on a layoff for more than one (1) year, or accept any recall from layoff at the same salary as the original job or resign after being recalled shall not be subject to recall. Employees who accept a position with lower pay than the job from which they were laid off, or who bump into a lower paying position, shall have one more recall opportunity within twenty-seven (27) months one year of the original layoff to be recalled to a vacancy occurs within position in a higher class, but not to a class with a higher salary than the District for one from which a they were laid off. An employee laid off from a full-time position may decline recall to a part-time position and continue to be subject to recall. An employee is fully qualifiedlaid off from a part-time position may decline recall to a position requiring more hours of work than before layoff and continue to be subject to recall. Otherwise, such any employee who declines a recall from layoff shall not be subject to recall. In the event that the substantial amounts of the duties of a laid-off employee are subsequently assigned to a newly created position, the laid-off employee shall be recalled pursuant to the following: a. At the time that position, if they meet minimum requirements of layoffsaid position, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step regardless of the salary schedule for department or division the employee’s current new position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffis assigned. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1a. The names of employees with regular status who are laid off shall be placed on a recall list that shall be used to make appointments in the classification from which they were laid off in preference to all other eligible lists. b. An employee who does not wish to be recalled may submit written notification to the Authority that he/she waives recall rights. If within twenty-seven (27) months The name of layoff such person shall be removed from the recall list. c. When such a vacancy occurs within the District for which a laid off employee is fully qualifiedto be filled, such employee persons shall be recalled pursuant offered appointments from a recall list as follows: (1) The person with greatest seniority on the recall list for the classification shall be offered an appointment. The offer of appointment shall be made by certified mail to the following:person's last address of record. a. At (2) When a vacancy exists and employees are to be recalled, notice of the time of layoff, opening(s) shall be sent to the District shall provide for laid off employees to express mailing address as shown on Authority Human Resources Department records unless a more recent address has been furnished in writing a desire to return to by the Districtlaid‐ off/demoted employee. The District shall also receive the employee’s address for recall notification. In the event of a To expedite recall, the District more than one employee may be notified of an opening. This recall notice shall notify the employee who has expressed a desire to return to the District be by certified mail, return receiptreceipt requested, sent to the last address given by and the employee to the District office. The employee will shall have seven fourteen (714) calendar days from the receipt of mailing to notify the District of intent report to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days work from the date of receipt of the notice of recall was receivednotice. If said employee fails to report to work within fourteen (14) calendar days, or he/she will lose all recall rights. An employee who has been laid off shall be required to meet the qualifications of the classification to which he/she is recalled. (3) If an employee cannot the person offered the appointment is temporarily medically incapacitated, the appointment may be contacted at waived without affecting his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all position on the recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightslist. b. All benefits to which an employee was entitled at (4) The names of persons included on recall lists shall be removed three (3) years after the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time effective date of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Recall. 1. If within twenty-seven Teachers laid off due to reduction in force shall be placed on the recall list for thirty- six (2736) months from the effective date of the layoff. The effective date of layoff a vacancy occurs within will be the District for which a laid off employee is fully qualifiedlast day worked by the teacher. While the previous sections of this Article do not apply to non-professional teachers, such employee teachers shall be recalled pursuant to the following: a. At the time granted full coverage under this Section F. The period of layoff, however, shall not count toward professional teacher status. 2. Teachers on the District recall list will be recalled to vacancies in their last previous teaching discipline in the reverse order of their layoff. Teachers on layoff will also be offered job openings in other disciplines in which they hold licensure (in reverse order of layoff) provided that there are no current faculty members on layoff from such disciplines. Teachers on the recall list will be given first priority in filling long-term substitute teaching vacancies in their field of licensure and/or experience. For purposes of recall, "vacancy" shall provide for laid off employees to express be defined as an opening in writing a desire to return to professional position covered by Article I which has become open as a result of resignation, retirement, death, or resulting from the District. The District shall also receive the employee’s address for recall notification. In the event establishment of a recall, the District shall notify the employee who has expressed new position or from a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt leave of mailing to notify the District absence of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less fewer than twentyninety-one (2191) calendar consecutive days. Should a teacher reject the offer of a vacancy that is in the same discipline and is for at least the same work schedule (hours per day and days per week) as the position from which the teacher was reduced, the teacher shall be dropped from the date recall list. Should a teacher reject the notice offer of a vacancy in a different discipline or with fewer hours, that teacher shall remain on the recall was received, or lose all list. 3. The only benefits accorded teachers who have been laid off due to RIF and who are on a recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she list will be considered to have waived all recall rights, unless the employee is under contract those specified in another school district, in which case the employee this Article. All other benefits gained by teachers as a result of this or successive collective bargaining Agreements will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsreceived only by those teachers actively employed. b. All benefits 4. Teachers on the recall list shall be entitled to which an employee was entitled membership in any group health or life insurance coverage in existence at the time of the effective date of the layoff, including unused accumulated sick leaveprovided however, that the teacher pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and there shall be no contribution by the Committee or the town for such teacher's insurance. 5. Teachers on the recall list shall be deemed to be on leave of absence from the Wareham Public Schools for the duration of the recall period. 6. When a vacancy occurs to which a teacher is entitled to be recalled as set forth above, the appropriate teachers on the recall list will be restored notified by certified mail at their last recorded address. Failure to accept certified mail shall not be deemed sufficient reason for failing to meet the necessary response date. Failure to respond to the employee upon Superintendent with a letter of acceptance of the employee’s offered position within thirty (30) calendar days of the certified date of mailing shall be considered a rejection of such offer and the teacher shall be dropped from the recall list. It shall be the responsibility of the teachers on the recall list to inform the Office of the Superintendent, in writing, of changes of address. The Superintendent shall have the right to notify more than one teacher at a time of vacancies and will inform those teachers of their respective placement on the recall list. 7. Teachers on the recall list shall have priority in filling vacancies as hereinbefore set forth. No new teachers shall be hired to fill such vacancies until all appropriate teachers on the recall list have been offered the vacancy. 8. Upon return to active employmentemployment from the recall list, and teachers will have accumulated to their accounts the employee will be placed on the proper step same number of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during sick days which they had accumulated at the time of their layoff. 2. In determining which teacher or teachers to recall, Teachers filling temporary vacancies at the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months time of layoff will be deemed due to reduction in force shall have resigned from District employmentno recall rights. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 117.10.1 An employee shall only be eligible for recall to a position in the same job classification from which the employee was laid-off. 17.10.2 It is the employee’s responsibility to keep the Employer current of any and all contact information (including postal address and e-mail address and personal telephone numbers (home land line and cellular phone)) during the one-year period of having recall rights. The Employer will attempt to contact the employee by U.S. mail and e-mail if the employee has recall rights to a particular open position in the job classification from which the employee was laid-off. The Employer will promptly send courtesy copies of such communications to the Union. The Employer may contact the employee at their telephone number(s) in order to ensure and/or verify that the employee is receiving the written notification. 17.10.3 The Employer is not responsible for recalling an employee as otherwise required by this Section 17.10 if the employee is not reached after two attempts to contact the employee by U.S. mail and e-mail, using the postal address and e-mail address furnished by the employee. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualifiednot reached through these two attempts, such or the employee does not give an answer by close of business the next business day after being reached, the employee’s recall rights shall terminate, and the employee’s name shall be recalled pursuant removed from the recall list. It is understood and agreed that no less than five (5) business days will pass from when the Employer mails/e-mails the second notice to the following:employee until the employee’s removal from the recall list as the result of failing to respond or give an answer. The Employer shall not mail/e-mail the second notice on the same day as the first. a. 17.10.4 If the employee is offered recall to a position at or above the employee’s FTE status at the time of the employee’s layoff and declines the offer, the employee’s recall rights shall terminate, and the employee’s name shall be removed from the recall list. If the employee is offered recall to a position below the employee’s FTE status at the time of the employee’s layoff, the employee may decline the position and remain on the recall list. Such election shall not extend or otherwise affect the date on which the employee’s recall rights are set to expire (i.e., the date on which that employee’s name is scheduled to be removed from the recall list the upon the completion of one year from the date of layoff). 17.10.5 An employee who accepts recall has thereby exercised their recall rights, and that employee’s name shall be removed from the recall list. 17.10.6 An employee currently on layoff (for less than one year) may apply for an open position in another job classification covered by this Agreement, in which case the terms of Section 17.1 shall apply. At the time of layoff, Human Resources shall advise the District employee how to locate and apply-for open positions in other bargaining unit job classifications while the employee is on layoff status. An employee who accepts an open CentraCare position (whether inside or outside the bargaining unit) shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive no longer have recall rights, and the employee’s address name shall be removed from the recall list. 17.10.7 Except for recall notificationSection 17.10.3, all other provisions in Section 17.10 shall apply to an employee who obtains a lower FTE position through exercising the employee’s bumping rights pursuant to Section 17.8.2 (Option 1 or Option 2), even though such an employee has not been placed on layoff status. In the event of a recallsuch instances, the District recall rights only apply to a position in the job classification held by the employee, and the references to the time of the layoff shall notify be interpreted to mean the effective date on which the employee who has expressed a desire began working in the lower-FTE position. With regard to return to the District by certified mailSection 17.10.3, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) so long as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallon active status, the employee waives all further recall rights. b. All benefits is required to which give an employee was entitled at answer by close of business the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher next business day or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further else forfeit recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlist. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 111.01 Before hiring externally to fill a vacancy, the Board shall offer the vacancy to an employee, beginning with the most senior employee with the highest F.T.E., who has the ability to do the work and who has suffered a loss of regularly scheduled hours due to a lay off. If The employee, however, must be afforded a reasonable orientation and familiarization period for up to three (3) continuous months. 11.02 No new employee will be hired until all persons on lay off and having the ability to do the work have been given an opportunity for recall. 11.03 Notice of recall to work shall be made by registered mail directed to the employee's last address of record. The employee may be contacted by telephone, fax or other reasonable manner and the recall will be confirmed by registered mail. 11.04 All employees eligible for recall are responsible to notify the Board of their address and telephone number. 11.05 An employee who accepts a permanent position through the recall procedures shall be reinstated as though there had been no interruption in service with full rights and benefits unless specifically modified by this agreement. 11.06 The employee notified of a recall must advise the Board of their intention to return to work within ten (10) days from date of mailing of such notification. The employee must return to work within a period of time satisfactory to both the employee and the Board. 11.07 An employee may refuse a recall to any of the following positions and not lose seniority nor the right to exercise the employee‟s seniority for any subsequent job opening: • A temporary position • A position with a lower FTE than that of the position from which the employee was laid off • A position outside the job classification from which the employee was laid off • A position outside the employee‟s community. 11.08 An employee who has been recalled to a position different from the position from which the employee was laid off shall maintain the right for twenty-seven four (2724) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District former position if it becomes open. 11.09 Employees with recall rights, who are able to perform the duties of the position, shall also receive be called first for temporary employment beginning with the employee’s address for recall notification. In the event of a recall, the District shall notify the most senior laid-off. 11.10 An employee who has expressed been recalled to a desire different community from which the employee was laid off shall maintain the right for twenty-four (24) months to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall former community if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsposition becomes open. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1Separate recall lists shall be established for full and part-time employees. If within twentyPart-seven time employees shall not be recalled to full-time positions. Full-time employees shall not be recalled to part-time positions, unless they provide written notification to the Fire Chief of their willingness to be recalled to a part- time position. However, full-time employees on layoff may accept part-time work on an interim basis while waiting for recall to a full-time position; the offer of such part-time work shall not constitute recall and shall not affect the employee’s recall rights. Laid off employees shall be eligible for recall for a maximum period of twelve (2712) calendar months from the date of layoff a vacancy occurs within layoff. Seniority shall be maintained but shall not accrue during layoff. the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant qualified and able to competently perform the following: a. At duties of the time of layoff, position upon recall the District shall provide for position is at an equivalent or lower level than the position from which he/she was laid off employees will be recalled first to express positions in writing a desire their Division and second to return to positions in other Divisions within the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the Department An employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the refuses recall forfeits all seniority and recall rights and shall be terminated from employment. An employee to the District office. The employee will have seven who is not recalled within twelve (712) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days months from the date of layoff shall be terminated from employment. Notice of recall shall normally be made by telephone. If the Department is unable to contact the employee, notice of recall was received, or lose all recall rights. If an employee cannot shall be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according delivered to the employee’s experience and educationlast known address, with a copy to the Union. An If the employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment fails to respond to notice of time requirements for acquiring contract status. Employee benefits do not accrue during the time recall within seventy-two (72) hours of layoff. 2. In determining which teacher or teachers to recalldelivery, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will he/she shall be deemed to have resigned from District employmentrefused recall. Any teacher An employee who does not recalled pursuant to this Article report for work within 27 months two (2) calendar weeks of layoff will acceptance of recall shall be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within abandoned his/her jurisdictionposition and shall forfeit all seniority and recall rights and shall be terminated from employment. The arbitrator's jurisdiction It is further restricted as follows: The arbitrator is authorized the responsibility of the employee on recall to reverse keep the layoff or recall decision made by Department informed of a current address and telephone number where the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4employee may be contacted directly. Any regular An employee who is non-renewed recalled to a position other than the position from which he/she was laid off shall be on a six (6) month trial period. If the employee proves unsatisfactory during the trial period or dismissed is unable to perform the duties of the position, he/she shall be returned to the recall list for the samebalance of his/her recall period. The recall rights of an employee, who is recalled and only successfully completes the sametrial period, reason(s) which if applicable, are exhausted insofar as that layoff. This shall not affect the Board could have used to conduct a layoff under this Article, will be afforded re-employment employee’s rights in accordance with Section H.during any other subsequent period of layoff.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1Work Location and Statewide Recall Lists shall be maintained by seniority for each class/level. If A laid-off employee shall have the right to have his/her name placed on Work Location and Statewide Recall Lists for his/her primary class/level and those secondary class(es) to which she/he will accept recall. To be placed on recall lists, an employee shall give written notice to his/her Appointing Authority as soon as possible, but within twentyfive (5) calendar days subsequent to being laid off, except as provided in Article 16, Section 4.D. (2). Recall from Work Location Recall Lists shall be in order of most seniority. Non-seven (27) months exclusively represented employees who may be laid off but have prior status in a Bargaining Unit class/level shall not be placed on Bargaining Unit Work Location and/or Statewide Recall Lists/Cards in seniority order ahead of Bargaining Unit employees. During the period of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such an employee shall have the right to have his/her name added to the Work Location Recall List for any work location that had not been previously designated by written notice to the Appointing Authority. The right to be recalled pursuant to the following: a. At newly added work location shall not become effective until ten (10) calendar days after the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given written notice by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified has been received by the DistrictAppointing Authority unless otherwise agreed by the parties. If there is an error in the administration of the system which leads to improper recall, providing that this will not such recall shall be less than twenty-one promptly corrected and the involved employee(s) made whole. Employees with recall rights shall be notified by the Employer within fifteen (2115) calendar days weekdays from the date the decision is made to establish or close a work location. Within sixty (60) days of the effective date of this Agreement, the Union and the Employer will work jointly in the development of an updated layoff information packet. The information will include explanations and appropriate forms for other options provided under this Agreement, such as annual and/or sick leave payoffs/freeze, insurance payments, recall cards, and change of address form(s). Subject to available supplies, it is intended that this packet of information be supplied to employees at the time they receive notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time periodlayoff. In the event the employee refuses a second recall, does not receive the employee waives all further recall rights. b. All benefits to which an employee was entitled packet at the time of notice for layoff, including unused accumulated sick leave, will be restored to the employee upon Employer shall forward the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according packet to the employee’s experience and education. An employee will not receive increment credit for mailing address on file at the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffwork location. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27a) months of layoff a vacancy occurs within the District for which a A regular Employee who is displaced and laid off employee is fully qualified, such employee under this Agreement shall be recalled pursuant to placed on the following: a. At recall list and shall have the time right for a period of layofftwo (2) years or his length of service, whichever is less, from the District shall provide for date of his last being laid off employees to express be recalled to work in writing a desire accordance with this Article. (b) Notice of recall to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the an employee who has expressed a desire to return to the District been laid off shall be made by certified mail, return receipt, sent registered mail to the last known address given by of the employee employee, with a copy to the District Union office. The employee will have seven must respond to such notice and be available to go to work within fifteen (715) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice is mailed or such longer period as may be mutually agreed. An employee who is prevented from responding to a recall notice because of recall was receivedillness or other reason beyond the employee’s control, or who declines recall to a lower position, may be bypassed for the position available, but such employee shall not lose all seniority and recall rightsrights thereby. If Where more than one (1) employee is on the recall list in similar classifications, recall shall be made in order of seniority. The Employer has the right to request medical evidence with respect to any illness or injury which causes an employee cannot to respond to recall notice. A laid off employee must keep the Employer informed of any change in address. (c) Employees on the recall list shall have first rights to any vacancy in their former job classification or to a similar classification for which the employee is qualified, and the Employer will not hire for, nor transfer, nor promote to such a classification while an eligible employee is available from the recall list. (d) Employees who have been bumped will be contacted at his/her address or record (return returned to their former positions on the same basis as employees on the recall list subject to the seniority provisions of certified mailing) as provided for above, then he/she the list. An employee who accepts recall to a lower position than formerly held will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step bumped for purposes of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment operation of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffthis Section. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven (27a) months of layoff When a vacancy occurs within the District for which continuing employee on a seniority list is laid off employee is fully qualifieddue to lack of work or suspension of operations and does not otherwise voluntarily resign, such the employee shall be recalled pursuant retained on a recall list for a period equal to the following: a. At the time of layoffemployee's seniority, the District shall provide for laid off employees to express in writing but not exceeding two (2) years. When an employee on a desire to return to the District. The District shall also receive recall list accepts a term assignment the employee’s address remaining recall period is put on hold for the duration of the term assignment. Depletion of the employee’s remaining recall notification. In period will resume upon completion of the event of term assignment. (b) While on a recall, the District shall notify recall list the employee who will retain the employee's seniority standing but will not be considered as an employee for the purpose of this Agreement. (c) A recall list shall be maintained where a layoff due to lack of work has expressed occurred in the preceding two (2) years and recalls will be made from the list in order of seniority to any continuing job in an equal or lower paying job for which the employee meets the normal requirements for the position within a desire to return to 30 working day familiarization period. (d) Notification of recall shall be sent by the District by certified mailmost expeditious means possible, return receipt, sent while requiring a signature as proof of receipt to the last known address given by of the employee concerned. It shall be the responsibility of each laid-off person on a recall list to advise the District officeHR Services Office of any change in address. The An employee will have may decline a recall on one occasion, for a lower-paying job and elect to remain on the recall list, but shall so inform the Company within seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rightsworking days. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school districtrecalled to a job of equal pay but does not report for work within ten (10) working days after recall, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallwithout reasonable excuse, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will shall be deemed to have resigned from District employmentresigned. Any teacher not An employee may accept a recall to a lower-paying job without affecting his or her right to be recalled pursuant by seniority to this Article within 27 months a job of layoff will be deemed to have resigned from District employmentequal pay. 3. Any "appeal" from (e) Individuals with recall rights will have first opportunity, in order of seniority, for casual and/or term work in equal or a lower wage rated classification provided that they meet the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision normal requirements of the arbitrator position. Acceptance or rejection of casual and/or term work assignments will be final and binding have no impact on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawrights. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months For purposes of this section a “vacancy” is a position that remains open after the posting and bidding process has been exhausted. 2. In the event a job vacancy exists in a job classification from which employees on the layoff a vacancy occurs within list have been laid off, the District for which a laid off employee is fully qualified, most senior such employee shall be recalled pursuant offered the position. Such employee may refuse recall to the following: a. At classification with no penalty; however, if such employee refuses a recall to his former bid in the time of layoffclassification, the District shall provide for laid off employees employee will be considered to express in writing a desire to return to the Districthave voluntarily quit. The District shall also receive vacancy will not be posted for bids until all employees in the employee’s address job classification who are on the layoff list have been given the opportunity for recall notificationrecall. 3. In the event of a recalljob vacancy exists in an open classification, the District most senior employee on the layoff list shall notify be offered the position. If the vacancy is not in the classification from which the senior employee was laid off (layoff classification), the employee may refuse recall. The vacancy will not be posted for bids until all employees in the job classification who are on the layoff list have been given the opportunity for recall. 4. An employee who has expressed bumped into a desire classification other than his layoff classification shall be listed on the layoff list and shall retain the right to return be recalled to his layoff classification. When an employee’s former job bid becomes vacant, the District employee will be returned unless he has since bid to another position. 5. Employees shall retain the right to recall for two (2) years following the effective date of layoff. 6. Employees shall be notified of recall by certified mail, return receipt, sent mailing a notice by registered mail to the last address given by on file with the Board. An employee must reply to the District office. The employee will have recall notice within seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsmailed. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of Employees being recalled to the plant after layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall will be recalled pursuant according to plant seniority, and be returned as operational requirements necessitate, to their previous line of progression according to job seniority. a) The Company will supply the following:Union with a list of names of employees who are to be recalled. a. At b) Recall to work following layoff from the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District plant will be made by certified mail, return receipt, sent registered letter or telegram addressed to the last address given by of the employee recorded with the Company. Employees expecting to be away from home during the District office. The employee will have seven (7) calendar days from the receipt layoff shall arrange a method of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and educationcontact. An employee will not receive increment credit being recalled must signify his intention to return to work within four (4) days after the notice has been sent out and shall return within a further three (3) days unless some other arrangement is made satisfactory to the Company. Employees who have failed to respond to recall for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining a legitimate reason which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and can be substantiated if required will be deemed to have resigned complied with recall. When layoff/recall above has been implemented, crews will be scheduled from District employmentthose employees responding to recall prior to start up. Any teacher Late returning employees will be slotted into crews as their seniority dictates when updated schedules can be made up. c) If a reduction in operation of known duration should occur in one or more departments and a layoff should result, the normal recall provisions may be waived provided all employees affected are notified by posting at least one week in advance of the shutdown, of the date of shutdown and start-up dates with their shift of recall. Areas not recalled pursuant affected by the reduction in operations requiring scheduled ▇▇▇▇▇▇▇ or work required by the Company will be subject to the layoff provisions of this Article within 27 months of Agreement. Employees affected in the above layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision recalled on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties their regular shift schedules as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.had not occurred.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1Recall shall be in effect for two full school years following layoff. Employees who have accepted a recall to another position shall still be entitled to vacancies in their previous position during this two year period. If within twenty-seven (27) months the Board has any vacancies in a classification covered by this Agreement, the Board shall first offer those positions to any employee who is honorably dismissed from that classification in reverse order of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rightssaid classification, unless the employee “Date in Position” date is under contract in another school districtthe same, in which case the employee “Date of Hire” will be allowed one additional used as the next criteria. If there is still a shared “Date of Hire”, the administration has the right to determine the order of recall if based on certification, qualifications, merit, ability, and relevant experience. This decision will be reviewed with the employee so notifies NBESS leadership before employees are notified of the District within the 21-day time periodrecall. In the event the employee refuses a second recallRecall to positions that employees have not previously held, the employee waives all further recall rights. b. All benefits to but for which an employee was entitled at the time of layoff, including unused accumulated sick leavethey are qualified, will be restored determined by district seniority (“Date of Hire”) of those honorably dismissed employees who have not been recalled when the vacancy occurs. If one or more of these employees have the same “Date of Hire”, the administration will have the right to determine the order of recall based on certification, qualifications, merit, ability, and relevant experience. This decision will be reviewed with the NBESS leadership before employees are notified of the recall. The “Date in Position” for an employee called back to any position/category that they are qualified for will be the same “Date in Position” that they had prior to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and educationrecall. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept declines a recall will lose all further recall rights and to a position that they are qualified for will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlist. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1The intent and primary objective of this recall procedure is to provide regular employees displaced by a layoff with priority rights to reinstatement to the former job title and location. Regular employees who are displaced by a layoff will have up to seventy-two (72) hours to preference in writing up to three job titles (which includes the employee's former job title and location if the employee desires the right to reinstatement) and/or job groups in or below the employee's job group and to identify those locations to which the employee will accept recall. A recall list shall then be established based upon such information and shall be provided to the Union in a timely manner. An employee who refuses to timely preference shall lose recall and employment rights. When it becomes necessary to increase the number of employees in a job title at a location, regular employees will first be recalled (by seniority) to the former job title and location if preferenced. If within twenty-seven (27) months of layoff a vacancy occurs within necessary to fill the District for which a laid off employee is fully qualifiedjob(s), such employee the job shall then be recalled pursuant offered to the following: a. At next most senior employee (if qualified) on the time of layofflist for that job title or job group at that location, and this process shall continue until the District position(s) is/are filled. An employee who is on layoff (except for an employee who volunteered for layoff under Section 9.6.3 who shall provide for laid off employees only be subject to express 9.2.5) and refuses recall shall lose recall and employment rights. An employee who is working in writing a desire to return another job title, job group and/or location who refuses recall shall thereby lose any further recall rights. An employee's recall rights to the District. The District former job title and location shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify be lost if the employee who has expressed a desire to did not preference it or an employee with recall rights successfully bids for any job vacancy posted under Section 9.4.1. Employer will mail, by certified mail with return receipt requested, notice of recall to the District by certified mail, return receipt, sent to affected employee at the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at reflected in his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, personnel file and the employee will shall then be placed on the proper step of the salary schedule for the employee’s current position according subject to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffSection 9.2.5. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Union Contract, Labor Contract, Union Contract

Recall. 1. Any licensed staff whose active employment has been terminated pursuant to Section 2 and Section 3 above will have recall rights as follows: (a) If the Board has any vacancies for the following school term or within twenty-seven one calendar year from the beginning of the following school term, the positions thereby becoming available will be tendered to the licensed staff who were in Group 4 and then in Group 3 and who are qualified to hold such position, based upon legal qualifications and any other qualifications established in a District job description on or before May 10th prior to the date of the position becoming available. (27b) months of layoff a vacancy occurs If the Board has any vacancies within the period from the beginning of the following school term through February 1 of the following school term, the positions thereby becoming available will be tendered to licensed staff who were in Group 2 due to one “needs improvement” rating on either of the last two performance evaluation ratings, provided that if two ratings are available the other performance evaluation rating used for grouping purposes is satisfactory, proficient or excellent, and are qualified to hold the positions based upon legal qualifications and any other qualification established in a District for which a laid off employee is fully qualified, such employee shall be recalled pursuant job description on or before May 10th prior to the following:date of the position becoming available. a. At (c) Licensed staff from Group 4 will be eligible for recall in reverse order of termination. Then, licensed staff from Group 3 will be eligible for recall in reverse order of termination. Then qualifying licensed staff from Group 2 will be eligible for recall in reverse order of termination. (d) All licensed staff terminated in a reduction in force are responsible for keeping the time Superintendent's office informed of layofftheir current contact information. (e) If a decision is made to recall licensed staff, the District shall provide for laid off employees affected licensed staff will have ten (10) business days to express in writing a desire to return respond, with the timeline beginning on the date the notification was sent by certified mail to the District. The District shall also receive licensed staff. (f) Any licensed staff who fails to respond to a position by a proper notice will be removed from the employee’s address for recall notificationlist. (g) Recalled licensed staff will be reinstated with no loss of seniority, tenure rights, accumulated sick leave, or salary schedule position. (h) This section is intended to be consistent with existing School Code provisions relating to recall procedures. In the event of a recallamendments to (or conflicts with) the relevant School Code provisions, the District this section shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, superseded and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffSchool Code provisions shall control. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Professional Agreement, Professional Agreement, Professional Agreement

Recall. 1(a) Laid off employees shall be placed on a recall list for a period of two (2) years. (b) Recall to the job from which the employee was laid off, or one substantially derived from it shall be made on the basis of seniority, provided such position becomes available during the period stated in (a) above. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a The job in such instance will not be posted. Such laid off employee is fully qualifiedregular employees shall also have the right to apply for all posted jobs, such employee for the period stated in (a) above, and with the same preference they would have received if they had not been laid off. In any event they shall be recalled pursuant to considered for any vacancy which may arise in the following:Company provided the employees reaffirm their availability at three (3) month intervals with the Labour Relations Manager. a. At (c) New employees will not be hired and job vacancies will not be posted until employees on the time recall list who have previously filled the job, or employees who have not previously filled the job but who can qualify for the vacancy in accordance with the job selection provisions of layoffArticle 7.10 are recalled. (d) Should there not be an employee on the recall list eligible for recall under (c) above, the District job vacancy shall provide for be filled in accordance with the provisions of Article 7.09 and 7.10(d). Employees on the recall list shall have the right to apply to all posted jobs, and with the same preference they would have received if they had not been laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for off. (e) Notice of recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District will be sent by certified mail, return receipt, sent registered mail to the last known address given by of all employees on the employee to the District officerecall list who are eligible for recall under Article 8.05(a). The employee Such employees will have seven ten (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (2110) calendar days from the date the letter is registered in which to respond and report to work, with employees being rehired in order of their seniority. An employee must respond to recall to a lower level job, but may decline such and remain on the recall list. An employee who fails to respond to any notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered deemed to have waived be terminated. The notice of recall will clearly state this requirement. Copies of recall lists will be available to the Union upon request. Copies of all notices of recall rights, unless will be sent to the Union Office. (i) In the event the laid off employee is under contract in another school districtnot re-employed after the recall period expires, in which case the employee will be allowed one additional right terminated. An employee on layoff who fails to respond for recall if to the job from which the employee so notifies was laid off shall have their name removed from the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightslist. b. All benefits to which (ii) Employees terminated under (i) above, will be given preference in rehiring provided they qualify for the vacancy in accordance with Article 7.10(d). (g) Employees on layoff will keep the Company informed of their current address for recall. Should an employee was entitled at change address during the time period of layoff, including unused accumulated sick leave, they will be restored to inform the employee upon the employee’s return to active employment, and the employee will be placed on the proper step Company of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffchange by registered mail. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1A. Employees laid off through this procedure as stated in this Section shall be maintained on a recall list for a period not to exceed two (2) calendar years from date of layoff. B. Recall shall be in like order of the employee's seniority to openings as they occur with like or less months/hours within the position classification (or to a lower classification) and division. C. Those employees who have been adversely affected by an involuntary reduction in hours/months or transfer to a lower position and classification shall be placed by seniority in the first position available, in the same division and classification which will afford them the same number of hours/months worked prior to the reduction of the work force. If within twenty-seven (27) months In case of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time or reduction of layoffhours/months, the District affected employees shall provide for laid off employees have 24 hours to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, accept or lose all recall rightsdecline offered positions. If an employee cannot be contacted at hisrefuses to revert to the classification and/or the same number of hours/her address or record (return months worked prior to the reduction of certified mailing) as provided for abovethe work force, then hethe position s/she he holds will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsher/his permanent position. b. All benefits to D. A posting will not be made for a position and classification in the division from which an employee has been laid off or displaced until all laid off or displaced employees from that position, classification and division have been recalled. ▇. ▇▇▇▇▇▇ will be by written certified notice, return receipt requested, to the employee's last known address on file with the Human Resource Office or a direct phone call to the laid off employee and shall require that the employee report for work within three (3) work days after the date of phone call, delivery or proof of non-delivery. ▇. ▇▇ employee recalled from layoff to a lower position and classification in her/his division will maintain her/his original position, classification and division as vacancies occur to which her/his seniority entitles her/him. ▇. Any employee who refuses to return to a position with comparable classification, hours/months and/or shift to the one from which the employee was entitled at the time of layoff, including unused accumulated sick leavelaid off, will be restored an automatic resignation. Any employee who refuses to return to work when recalled to a position non- comparable in classification, hours/months and/or shift from which the employee upon the employee’s return to active employment, and the employee will was laid off shall be placed on at the proper step bottom of the salary schedule for the employee’s current position according to the employee’s experience and educationrecall list. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, It is understood that the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed have to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff hire new employees or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties promote other employees as long as there are qualified Union members on the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlist. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within An employee who is laid off will remain on the laid-off list and be eligible for recall for a period not to exceed twenty-seven (27) months of layoff months. In the event an opening occurs in the same classification as the position held by a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At person at the time of layoff, the District shall provide for laid off employees person in layoff will be recalled to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notificationthat position. In the event of an opening occurs in a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days different classification from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified position held by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled person at the time of layoff, including unused accumulated sick leave, the vacancy notice will be restored posted in-house and applications will be accepted from all current and laid-off staff members. In order to maintain this right to recall, an employee must register in person or by mail with the Superintendent or his designee upon change of address, telephone number and at least every six (6) months to signify his availability for recall. The District shall notify laid-off employees of a position opening by certified letter, with return receipt requested, to the employee upon last address listed with the employee’s return District. Refusal of recall to active employment, a position not equal in hours and salary to the position held prior to layoff shall not constitute voluntary termination and the employee will be placed shall remain on the proper step recall list. Laid-off employees shall have five (5) calendar days from receipt of such notification as indicated on the return receipt in which to indicate their acceptance or rejection of the salary schedule for position, and an additional thirty (30) calendar days there from in which to begin active employment. All reemployment rights shall be forfeited if: 1. The employee cannot be located at the employee’s current position according to last known address which has been furnished the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff.District; 2. In determining which teacher or teachers The employee refuses a position equal in hours and salary to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed that held prior to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentlayoff. 3. Any "appeal" from The employee fails to report to active employment within the Board's decision on layoff or recall pursuant time limits established herein. Employees who wish to this Article shall be waive reemployment rights may do so by means of a grievance filed pursuant written notification to the Article on Grievance ProcedureDistrict. The decision Employees returning from layoff shall have all previously accrued sick leave and seniority reinstated, but shall not receive benefits for the period of the arbitrator layoff. A laid-off employee will be final and binding allowed to continue on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse District insurance programs at the layoff or recall decision made group rate, with the employee paying the premiums, for the maximum time allowed by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawinsurance carrier. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of layoff a vacancy occurs within the District A. Any employee terminated pursuant to this article shall have recall rights to any position which becomes vacant and for which he/she is qualified for a laid off employee is fully qualified, such employee shall be recalled pursuant to period of one (1) calendar year and two (2) years after ten (10) cumulative years of service from the following:effective date of termination. a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. B. In the event of a recall, the District employee shall notify be placed on the salary schedule at the level he/she had attained at the time of termination, unless the position which the recalled teacher fills specifically pays a lesser compensation. C. No new employee who has expressed shall be hired into the bargaining unit while any teacher qualified and certified to fill a desire vacancy possesses recall rights and wishes to return fill said vacancy. The effective date of such qualification and certification will be determined in accordance with subdivision D below. D. If a teaching position within the bargaining unit becomes open during such period and a teacher on the reappointment list is certified and qualified to hold that position, then the District teacher will be notified in writing by certified registered mail, return receipt, sent to the teacher's last address given by the employee appearing on Committee records, prior to the District officeanticipated date of reemployment. The employee Any teacher so notified must accept or reject any offer of appointment in writing within six (6) days after receipt of the notification and in no event later than eight (8) days after the notification is sent. If such teacher rejects any appointment offered or does not respond in writing within the eight-day period according to this procedure, the teacher's name will have seven (7) calendar days be removed from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the Districtpossible reappointment list, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose and he/she shall forfeit all such recall rights. If an employee cannot Teachers shall be contacted at recalled in their inverse order of termination, to positions for which they are certified and qualified, unless, in the judgment of the School Committee, compelling or specialized educational needs or skills are present which justify departure from inverse recall. Such qualification and certification referred to in this section will be determined as of the effective date of the teacher's separation, provided that any teacher who obtains additional qualification(s) and certification(s) during the one-year period set forth in subdivision A above will be offered appointment in this new area if: 1. The teacher submits satisfactory proof of new qualification(s) and certification(s) to the Committee, and 2. Every teacher who had certification and qualification for this position as of the effective date of his/her address separation has rejected or record (return failed to respond to an offer of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless appointment. E. During the employee is under contract in another school district, period in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers they are subject to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article professional status teachers shall be by means of a grievance filed pursuant to given preference on the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only substitute list if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence they so request in the whole record; or d. Improperly construed the applicable lawwriting. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1a. When a teacher covered by this Agreement has been placed on layoff in accordance with the provisions of this Article, said teacher shall be placed on a recall list for a period of 36 calendar months from the effective date of the layoff. If within twenty-seven (27) months of layoff a vacancy occurs within not recalled during said period, the District for which a laid off employee is fully qualified, such employee teacher shall be recalled pursuant terminated. b. During said layoff period, the teacher shall be considered to the following:be on leave of absence without pay or increment. a. At c. The teacher shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of his/her layoff, provided, however, that the District teacher pays the entire cost of said insurance in quarterly payments in advance of the premium due, and there shall provide be no contribution by the Committee for laid off employees such teacher's insurance. d. The teacher during the period of recall shall inform the Superintendent of his/her current mailing address and any other circumstances which could affect his/her recall status. e. In the event that the Committee determines to express re-establish the eliminated positions, the teachers who have been placed on layoff status who are qualified for the available position and who are on recall status shall be notified by certified mail that such a position is available. The teachers so notified shall within 10 calendar days from the date of the receipt of the notice respond in writing a desire by certified mail of their intention to return or not return to the Districtschool system. Upon expiration of said 10 days, if the Superintendent has not been notified by said teacher, or if the teacher has given notice of his/her intention not to return, then, in such event, said teacher shall terminate the leave of absence and the teacher shall be considered to have resigned from the school system. f. The District reference to the "eliminated positions" above includes positions which become open as a result of resignation, retirement, termination or leave granted for the school year, which the Committee intends to fill. g. The Superintendent shall also receive assign the employee’s address for most senior qualified teacher among those notified above in Paragraph (e) to the available position, provided said teacher has complied with the provisions of said section. h. Those teachers who have complied with Paragraph e above, and who have not been assigned in accordance with Paragraph f above shall continue in recall notification. status. i. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled layoff pursuant to this Article within 27 months Article, no duties performed by members of layoff will the bargaining unit may be deemed to have resigned from District employment. 3. Any "appeal" from performed by persons not in the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant bargaining unit except to the Article degree consistent with the practices in effect on Grievance Procedure. The decision the effective date of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawthis Agreement. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. A. Laid-off employees or employees who have bumped or who have been bumped will have recall rights for up to eighteen (18) months starting from the last day of work in the same salary grade or within two (2) salary grades held prior to the initial layoff, transfer, bump, or reduction in hours, provided they are immediately qualified to perform the required work. B. Whenever, in the judgment of the University, it is necessary to increase the work force in a department following a layoff, employees will be recalled in order of seniority, i.e., the most senior employee will be recalled first, provided that the recalled employee is immediately qualified to perform the required work. 1. If University-authorized new or vacant positions shall first be offered, in seniority order, to the most senior pre-layoff classification incumbent who, as a result of layoff, had exercised his/her seniority to bump laterally within twenty-seven (27) months a salary grade or into a position in a lower salary grade. Recall or reinstatement will continue in order of layoff seniority. 2. Subject to the eligibility provisions in Section 2.A.2. above, if a vacancy occurs within the District for which a laid laid-off employee is fully offered recall to a vacancy in a lower grade level within 2 salary grades of the grade the employee was laid off, it is the employee's option to accept that position if the employee is immediately qualified, such . If the employee shall be recalled pursuant chooses to accept the following: a. At the time of layofflower level position, the District employee will be removed from the recall list. 3. Employees may choose to remain on the recall list rather than accept recall to a non-comparable position (i.e., in terms of hours, grade and salary). An employee who is offered a position in her/his former job classification and who refuses the offer shall provide for laid off employees not be entitled to express in writing further recall rights. C. An employee has five (5) workdays from receipt by certified mail of a desire notice of recall to accept recall and return to the Districtwork. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given work will be agreed upon by the employee and the University subject to the District office. operational needs of the department. D. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff. E. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report University shall not hire new employees in bargaining unit positions as long as there are still eligible employees on the starting date specified by recall list who are immediately qualified to perform the District, providing that this will not work in the affected job classification and are willing to be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an recalled to said classification. F. An employee cannot who is recalled to his/her former salary grade shall be contacted compensated at his/her address or record (return of certified mailing) as former salary plus any additional increase provided for above, then heduring the layoff period. An employee recalled to a lower salary grade classification shall be paid at his/she will be considered to have waived all recall rightsher former salary plus any additional increase provided during the layoff period, unless it is higher than the maximum of the lower salary grade range, in which event the maximum salary at the lower salary grade range will apply. If and when the provisions of this paragraph are implemented, the placement of an employee in a classification different from his or her previous classification will not establish a basis for any future salary inequity issues. G. Employees recalled into another SEIU bargaining unit position shall be required to serve a 60 day trial period. If during the trial period it is determined that an employee is not satisfactorily performing the work, this trial period shall be extended for as long as 30 additional days. The determination of whether or not the employee is under contract performing the work in another school district, in which case a satisfactory manner shall be determined by using benchmarks and objective criteria outlined upon placement that are based on the employee position description. Satisfactory performance will be allowed one additional right to recall if at the employee so notifies discretion of the District within the 21-day time periodUniversity but shall not be interpreted in an arbitrary or capricious manner. In the event the employee refuses a second recallis not able to complete the trial period due to performance, the employee waives all further will maintain recall rights. b. All benefits to which an employee was entitled at rights for eighteen (18) months from the time original date of layoff, including unused accumulated sick leave, will be restored to lay off. In the event the employee upon is not able to complete the trial period due to performance and the employee’s return to active employmentrecall rights have exhausted while serving the trial period, and the employee will be placed back on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit recall list for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during period equal to the time of layoffperiod he/she served the trial period. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentyIn recalling employees (other than probationary employees) who have been laid off, the following terms and conditions shall apply: (a) The employees must be qualified to perform the work made available to them; and (b) No new employees shall be hired following a lay-seven (27) months of layoff a vacancy occurs within the District for which a off until those employees who were laid off employee is fully qualified, such employee have been given a reasonable opportunity of recall as follows: (i) the Employer shall make every reasonable attempt to contact the employees in order of their seniority in the Bargaining Group and the employees shall be recalled pursuant by the Employer in such order provided that they respond within forty-eight (48) hours of the initial attempt of the Employer to contact them; (ii) upon making contact with an employee, the following: a. At Employer shall specify the time when the employee shall report for work; (iii) an employee who does not respond within forty-eight (48) hours of layoffthe Employer's initial attempt to make contact, or who refuses to report for work shall be placed at the District shall provide bottom of the list of employees eligible for laid off employees to express recall under this clause notwithstanding the employee's seniority in writing a desire the Bargaining Group; (iv) an employee notified to return to work shall report at the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date time and place specified by the DistrictEmployer for so doing or, providing that this will in extenuating circumstances, within such extended period of time not be less than twenty-one exceeding fourteen (2114) calendar days from the date of the notice initial attempt of recall was receivedthe Employer to make contact as the Director of Human Resources may approve, or lose all recall rights. If an employee canwhich approval shall not be contacted at his/her address or record unreasonably withheld; (return v) it shall be the responsibility of certified mailing) as provided for above, then he/she will all employees who have been laid off and wish to be recalled by the Employer to keep the Director of Human Resources informed of their respective current addresses and telephone numbers. The Employer shall be considered to have waived all fulfilled its obligations to recall rights, unless an employee eligible for recall under this clause by attempting to contact the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed last known address on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the BoardEmployer's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the Districtrecords; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular (vi) an employee who is non-renewed or dismissed laid off and is eligible for the same, and only the same, reason(s) which the Board could have used to conduct a layoff recall under this Article, will be afforded re-employment rights in accordance with Section H.clause shall remain on the recall list for a maximum of six (6) months. For the purposes of this clause "Bargaining Group" means those employees of the City of Vancouver for whom the Union is the bargaining authority.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven (27) months Teachers on the reduction in force list shall be returned to active employment to fill vacancies in reverse order of layoff a vacancy occurs within the District reduction for any position that becomes available for which a laid off employee they are or have become certified before any permanent teacher is fully qualified, such employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the Districthired. The District teacher shall also receive have two (2) workdays in which to notify the employeeBoard of the teacher’s address for recall notificationacceptance of the offered employment. In the event that a reduction in force occurs pursuant to this provision which results in the reduction of a five (5) or more members, and the Board decides to recall any of the members affected by this specific reduction in force, then each member shall be returned to their original position, should they accept the recall. Affected member includes any person placed on the recall list by virtue of the specific reduction in force, the District shall notify the employee who has expressed a desire to return any member reduced in force due to the District exercise of displacement rights by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was receiveda more senior member, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return any person who exercised displacement rights and is still in the employ of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time periodboard. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recallany vacancy becomes available, the Board will utilize shall recall the criteria set forth teacher to active employment status by giving written notice to the teacher. Said written notice shall be sent to the teacher and the Association President by certified letter addressed to the teacher’s last known address. It shall be the responsibility of each teacher to notify the Board of any change in paragraph B aboveaddress. Any A teacher who does not accept has been laid off shall remain on the reduction in force list until he or she is recalled or until he or she makes a recall will lose all further recall rights and will written request to the Superintendent to be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the list. Teachers shall remain on the recall list for a period of two (2) years. If a teacher on the reduction in force list is offered a full-time vacant position for which he/she is qualified and refuses that position, then in that event, the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant ’s obligation to the Article on Grievance Procedure. The decision of teacher shall cease and the arbitrator will be final teacher’s employment with the Board shall terminate and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdictionname shall be removed from the recall list. Nothing in this section shall prevent the Board from exercising its right under Section 3319.11, Ohio Revised Code. Teachers whose contract(s) are suspended shall be given preference when substitute teachers are employed. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized provisions of this Article are intended to reverse supersede the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawconflicting provisions of Ohio Revised Code section 3319.17. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Recall. 1. If within twenty-seven (27) months of Employees on layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee or employees who bump to avoid layoff shall be recalled pursuant to in the followingfollowing order: a. At A. After posting as specified in Article VII - Vacancies, shall be recalled in order of greatest applicable classification seniority to any open position which becomes available in the classification to which they were assigned at the time of layoff or within the classification from which they bumped to avoid layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at on layoff is recalled to said position and rejects such recall, he/she shall lose all of his/her address or record (return of certified mailing) as provided for aboverecall rights and his/her continuous service shall be broken and employment relationship shall be severed. If an employee who bumps to avoid layoff is recalled to said position and rejects such recall, then he/she will shall lose his/her recall rights to the applicable specific classification until he/she is subsequently laid off; however, such rejection shall not affect his/her rights enumerated in Section 7-B of this Article. B. After posting as specified in Article VII - Vacancies, employees on layoff who are unable to bump or who choose not to bump in accordance with Sections 5 and/or 6 of this Article and employees who bump to avoid layoff, holding classification seniority in other job classification(s), shall be considered recalled in order of greatest applicable classification seniority to have waived all recall rights, unless any open position which becomes available in any of the applicable classification(s). If the employee is under contract in another school district, in which case the employee will be allowed one additional right recalled to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second said position and rejects such recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will he/she shall lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable rights to the matter before it; c. Made a finding or order applicable specific job classification until he/she is subsequently laid off; however, such rejection shall not supported by substantial evidence affect his/her rights enumerated in the whole record; or d. Improperly construed the applicable lawSection 7-A of this Article. 4C. After posting as specified in Article VII – Vacancies, employees on layoff shall be recalled in order of greatest unit seniority to any open position which becomes available within Custodial I classification. Any regular If an employee who is nonrecalled to a position and rejects the recall, he/she shall lose his/her recall rights to Custodial I classification until he/she is subsequently laid off. However, such rejection shall not affect his/her rights enumerated in Sections 7-renewed or dismissed for the same, A and only the same, reason(s) which the Board could have used to conduct a layoff under B of this Article, will be afforded re-employment rights in accordance with Section H..

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentya. Laid-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee Employees shall be recalled pursuant in order of seniority, with the most senior being recalled first, to any position for which they are qualified. b. Notices of recall shall be sent by certified or registered mail to the following: a. At last known address as shown on the Employer's records. The recall notice shall state the time and date on which the Employee is to report back to work. It shall be the Employee's responsibility to keep the Employer notified as to their current mailing address. c. A recalled Employee shall be given fifteen (15) calendar days from mailing of layoffnotice, excluding Saturday, Sunday and holidays, to notify the District shall provide for laid off employees to express in writing a desire Employer of their intent to return to the Districtwork. The District shall also receive Employer may fill the employee’s address position on a temporary basis until the recalled Employee can report for recall notification. In work providing the event of a recallEmployee reports within the ten (10) day period, the District shall notify the employee who has expressed a desire subject to return to the District by certified mail, return receipt, sent to the last address given any delays approved by the employee Employer. d. Employees recalled to full-time work for which they are qualified are obligated to take said work. An Employee who declines recall to full-time work for which Employee is qualified shall be considered as having quit and forfeit their seniority rights. Employees on layoff shall accrue seniority during the District office. The employee will have period of such layoff. e. An Employee who is on lay-off shall maintain recall rights for same number of years that the Employee has been a member of the bargaining unit, provided, however, that in no event shall the Employee’s recall rights be less than two (2) years or more than seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days years from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. The Board will use the following recall procedures for Non-Teacher Employees: 1. If within twentyNon-seven (27) months Teacher Employees will be recalled in order of layoff a vacancy occurs within the District seniority to vacancies for which a laid off employee is fully qualified, such employee they are currently certified and qualified as the positions become available. Non-Teacher Employees shall be recalled pursuant maintained on the recall list until they are restored to their FTE at the following: a. At the time point of layoff, subject to “5” below. A position shall not be considered vacant as the District shall provide for laid off employees to express in writing a desire to return to the Districtresult of an Employee going on leave. 2. The District shall also receive the employee’s address for Employer will send a recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District notice by certified mailmail to each recalled Non-Teacher Employee at their last known address, return receipt, sent to the last address given by the employee to the District office. The employee will have seven postmarked at least twenty (720) calendar days from the receipt of mailing to notify the District of intent to returnbefore their reporting date. The employee must thereafter report on the starting date specified by the District, providing that this Non-Teacher Employee will not be less than twenty-one indicate their desire to accept or reject an offer of recall within ten (2110) calendar days from the date the notice was received or within twenty (20) calendar days from the date the notice was sent, whichever occurs earlier. If a Non-Teacher Employee does not accept the position offered by the notice of recall was receivedwithin the aforementioned period, or lose all this shall conclusively and irrefutably be construed to constitute a resignation and/or the Employee’s abandonment of their employment by the Board. The Employee shall immediately be removed from the recall rightslist. 3. If an employee canthe Non-Teacher Employee does not be contacted at his/her address or record (return of certified mailing) report for work as provided for abovescheduled, then he/she they will be considered to have waived all recall rights, quit unless the employee is under contract in another school district, in which case Non-Teacher Employee has made other prior arrangements to report to work within five (5) working days of the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored scheduled date that are acceptable to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawEmployer. 4. Any regular employee who It is nonthe responsibility of the laid off Non-renewed or dismissed for Teacher Employee to notify the sameEmployer of any changes in their mailing address, telephone number, and only certification and/or approval status. 5. A laid-off Non-Teacher Employee shall be maintained on the same, reason(srecall list for a period of two (2) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.years.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1An employee who has been laid off shall be entitled to recall rights for a period of eighteen (18) months from the effective date of his/her layoff. If within twenty-seven (27) months of layoff a vacancy occurs within in a position, employees on the District for which a laid off employee is fully qualified, such employee recall list shall be recalled pursuant notified of such vacancies at the employee's address on file with the Human Resources Department by certified mail. The vacancy will be filled, in accordance with seniority, among current employees and those on the recall list. If employees on the recall list elect not to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire accept an offer to return to work in the District. The District shall also receive the employee’s address for recall notification. In the event of former or a recall, the District shall notify the employee who has expressed a desire comparable position or fail to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have respond within seven (7) calendar consecutive days from of the receipt offer of mailing recall, they shall be considered to notify the District of intent have terminated or abandoned their right to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twentyre-one (21) calendar days from the date the notice of recall was received, or lose employment and relinquished all recall rights. If employees on the recall list elect not to accept an offer of a non-comparable position, they may retain their recall rights for the balance of their recall period. Upon acceptance of an offer of recall and commencement of employment within 21 days by a qualified employee, the recall list process is fulfilled as to that vacancy. As long as any employee canremains on the recall list, the Employer shall not be contacted at his/her address or record (return of certified mailing) newly employ by hiring persons into the bargaining unit until all qualified employees holding recall rights have been offered recall, as provided for above, then he/she will to any vacant positions for which they are qualified. It shall be considered the responsibility of the affected employee to have waived all provide the Employer with their current mailing address and telephone number. A copy of the recall rights, unless list shall be provided to the employee Association upon request. A person on the recall list who is under contract re-employed in another school district, in which case a regular position with the employee will be allowed one additional right to recall if Employer shall serve a probationary period only for the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled period of probation remaining unserved at the time of the layoff. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority as a result of layoff for a period of up to eighteen (18) months; provided, however, that no seniority shall be accrued during the period of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue or during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District temporary employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such No new employee shall be hired in the Bargaining Unit until those laid-off and placed on the recall list have had the opportunity to be recalled, as set out below: (a) Employees laid-off under Article 15 who retain recall rights shall be recalled pursuant on the basis of seniority to the following:first available new position, or vacancy, in the same, or lower, hourly rate to their last held classification, providing he/she possesses the minimum qualifications and can satisfactorily perform a. At (b) Employees with recall rights will also be entitled to apply for vacancies as per Article 14 (Job Postings). The Employer will provide copies of the job postings, within the appropriate geographic area, to those employees on layoff within the job posting period, with sufficient time for the employee to respond. (c) The Employer will provide an up-to-date copy of the current recall list to the Employer/Employee Relations Committee and to the Unit ▇▇▇▇▇▇▇ within one (1) week of any changes or adjustments made to the list. (d) When recalling an employee after layoff, she/he shall be notified by registered mail, or personally by telephone, and allowed ten (10) working days to report for work from the date of the signed receipt of delivery of the Notice of Registered Mail, or receipt of the telephone notice, whichever occurs first. (e) An employee to whom a registered letter is sent, or who is notified by telephone in accordance with this Article, must contact the Employer within forty-eight (48) hours of the time of layoffsigned receipt of the delivery of the Notice of Registered Mail, or receipt of the District telephone notice, whichever occurs first, if she/he wishes the Employer to hold the job open for her/him for the full ten (10) working day period. (f) It shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive be the employee’s 's responsibility to keep the Employer notified as to any change of her/his address for recall notificationor telephone number so that they will be up- to-date at all times. (g) An employee may not refuse recall. In the event of a Should an employee refuse recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered terminated from the recall list and shall be paid severance in accordance with Article 15.06. (h) If the employee is recalled, the employee’s service and seniority from the original date of hire shall be counted as unbroken, but there shall be no accrual for service or seniority for the period on recall. (i) If an employee chooses to have waived all retain recall rights, unless the employee’s severance entitlement shall be paid out when his/her recall rights have expired, or at any time the employee is under contract in another school district, in which case the employee will be allowed one additional right chooses to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further waive recall rights. b. All benefits to which (j) If an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored who has chosen to the employee upon the employee’s return to active employment, retain recall rights is subsequently recalled and the employee will be placed on chooses to return to the proper step workplace, the severance payment is retained by the Employer. If within three (3) months either the employee is dissatisfied with the position or the Employer determines that the employee is unable to satisfactorily perform the requirements of the salary schedule for job, then the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher can resign, or teachers to recallbe terminated, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within with his/her jurisdiction. The arbitrator's jurisdiction is further restricted severance package as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawper Article 15.06. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. Subd. 1. If within twenty-seven (27) months No new teacher shall be employed by the School Board in any position while there is available, on unrequested leave of layoff absence, a vacancy occurs within teacher who is properly qualified to fill the District vacant position. A teacher placed on unrequested leave of absence shall be recalled, as positions become available, to the position from which such teacher was placed on leave, or if not available, to any other position for which such teacher is qualified. If a laid off employee teacher is fully qualifiedoffered a contract which results in less than the original employment, such employee the teacher shall not be required to accept the position and this shall not jeopardize the teacher’s right to recall to original status. Reinstatement shall be recalled pursuant in the inverse order of placement on leave: the last teacher placed on unrequested leave of absence who is qualified for the position shall be the first recalled. Subd. 2. The School Board may send out multiple letters of recall for a single vacancy, inquiring whether the teachers notified are willing to accept recall to the following: a. At vacant position if those teachers with superior recall rights do not accept recall to a position. Notice of recall by the time of layoff, the District School Board shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District be complete upon mailing such notice by certified mail, return receipt, sent mail addressed to the last known address given provided by the employee teacher. Subd. 3. Prior to August 1, a teacher accepting or rejecting recall shall respond within ten (10) calendar days of notice as to whether or not he/she will accept such position. Failure to reply within such ten (10) calendar days period shall constitute a waiver on the District officepart of such teacher regarding the position(s) offered and shall constitute waiver on the part of that teacher to any further rights of employment or reinstatement and shall forfeit any further reinstatement or reemployment rights. The employee will have If notice of any available position is given to any teacher on or after August 1 of any school year, such teacher must respond within seven (7) calendar days from and may decline the receipt of mailing recall without waiving his/her rights to notify the District of intent further employment or reinstatement and shall maintain his/her seniority date without interruption. Failure to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one reply within such seven (217) calendar days from period shall constitute a waiver on the date part of such teacher regarding the notice position(s) offered and shall constitute waiver on the part of recall was received, that teacher to any further rights of employment or lose all recall rights. If an employee cannot be contacted at his/her address reinstatement and shall forfeit any further reinstatement or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall reemployment rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Master Contract, Master Agreement

Recall. 1. If within twenty-seven (27) months For purposes of this section a “vacancy” is a position that remains open after the posting and bidding process has been exhausted. 2. In the event a job vacancy exists in a job classification from which employees on the layoff a vacancy occurs within list have been laid off, the District for which a laid off employee is fully qualified, most senior such employee shall be recalled pursuant offered the position. Such employee may refuse recall to the following: a. At classification with no penalty; however, if such employee refuses a recall to his former bid in the time of layoffclassification, the District shall provide for laid off employees employee will be considered to express in writing a desire to return to the Districthave voluntarily quit. The District shall also receive vacancy will not be posted for bids until all employees in the employee’s address job classification who are on the layoff list have been given the opportunity for recall notificationrecall. 3. In the event of a recalljob vacancy exists in an open classification, the District most senior employee on the layoff list shall notify be offered the position. If the vacancy is not in the classification from which the senior employee was laid off (layoff classification), the employee may refuse recall. The vacancy will not be posted for bids until all employees in the job classification who are on the layoff list have been given the opportunity for recall. 4. An employee who has expressed bumped into a desire classification other than his layoff classification shall be listed on the layoff list and shall retain the right to return be recalled to his layoff classification. When an employee’s former job bid becomes vacant, the District employee will be returned unless he has since bid to another position. 5. Employees shall retain the right to recall for two (2) years following the effective date of layoff. 6. Employees shall be notified of recall by certified mail, return receipt, sent mailing a notice by registered mail to the last address given by on file with the Board. An employee must reply to the District office. The employee will have recall notice within seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsmailed. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty‌ A. Recall shall be in inverse order of lay-seven (27) months of layoff a vacancy occurs within the District for which a laid off. B. Laid-off employee is fully qualified, such employee faculty members shall be recalled pursuant to fill any full-time faculty positions within the College that they are qualified to teach in order of College seniority, with the most senior laid-off full-time faculty member being recalled first, provided that such position openings occur within two (2) years of the date the full-time faculty member was laid off. Recalled faculty members return with tenure, rank, and years in rank as of the date of lay-off intact. C. The College shall provide notice of recall by certified mail to the following:faculty member at the last address of record maintained by the Human Resources Department. The displaced faculty member is responsible for maintaining a current address with the a. At D. Failure of the time faculty member to notify the College of layoff, the District shall provide for laid off employees to express in writing a desire an intent to return to work in response to the District. The District shall also receive offer of recall within thirty-one (31) calendar days of documented receipt of the employee’s address for recall notification. In the event notice of a recall, or receipt of notice of failed delivery, shall be considered a voluntary termination of employment. E. Once all full-time tenured faculty members have been recalled, non-tenured full- time faculty members shall be recalled in like manner. F. A home department is obligated to take back a transferred faculty member before hiring a new faculty member or part-time faculty member in the District shall notify area of his/her competency. However, the employee who has expressed a desire to return to the District by certified mail, return receipt, sent home department must be acceptable to the last address given transferred faculty member. G. No adjunct faculty, temporary faculty, nor other individuals shall be rehired, nor teach courses offered by the employee College, until all laid-off members of the bargaining unit who are qualified to the District office. The employee will teach those courses have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified been rehired by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsCollege. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will H. Non-bargaining unit employees shall not receive increment credit for the time spent on lay fill a lay-off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffvacancy while a RIF situation is in effect. 2. In determining which teacher I. No subcontracting or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept out-sourcing of bargaining unit work shall occur during a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentRIF situation. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1a) Recall shall be in seniority order provided the Teacher is qualified to perform the teaching assignment. b) A Teacher on the Recall List must keep the Board informed at all times of the Teacher‟s current address and telephone number. The initial attempt to recall eligible laid off Teacher(s) shall be by telephone. If within twenty-seven (27) months of layoff this is unsuccessful, a vacancy occurs within the District for which a laid off employee is fully qualified, such employee registered letter shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by known address. c) A Teacher who has been placed on the employee Recall List from a full-time teaching assignment shall have the option of accepting or not accepting without loss of recall rights, a temporary or part-time teaching assignment with the Board. However, if such Teacher does not accept the temporary or part-time teaching assignment, the Teacher shall not be considered for recall to any other teaching assignment similar to such assignment. Where the temporary teaching assignment is finished the Teacher shall return to the District office. The employee will have seven (7recall list. d) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report Any Teacher on the starting date specified by recall list shall have the District, providing that this will not be less than twentyoption to maintain his/her benefit coverage at full premium cost to the Teacher payable to the Board in advance on a monthly basis. e) Any Teacher on the Recall List who is offered a part- time or full-one time teaching assignment shall have a maximum of ten (2110) calendar working days from the date of notification by telephone or the notice posting of the registered letter, in which to report for the teaching assignment. f) A Teacher who fails to accept his/her recall was receivedor report for work as specified, or except where permitted in (g) below, shall lose all recall rights. g) A Teacher who is unable to report for work and provides satisfactory medical or other evidence of injury or illness, or who provides another reason satisfactory to the Board, shall not lose recall rights because of failure to report in accordance with 17.03 (f) above. If an employee canA Teacher shall not be contacted at his/her address or record (return of certified mailing) as provided for above, then required to accept recall to a school different from the one from which he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightswas laid off. b. All benefits h) Prior to which an employee was entitled at the time of layoffany external hiring, including unused accumulated sick leaveall teachers, will be restored to the employee upon the employee’s return to active employment, available for recall and the employee will be placed on the proper step of the salary schedule qualified for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recallposition, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to offered the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights position in accordance with Section H.the provisions of this Article. i) The Board shall provide a copy of the Recall List to the Bargaining Unit President annually and shall notify the Bargaining Unit President of any changes to the list as they occur.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven (27a) months of Employees or former employees who are on the layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee list by classification shall be recalled pursuant to available vacancies in seniority order beginning with the following:person with the highest seniority. If the position is not filled in that manner, it shall be offered in seniority order to other persons on layoff lists for classifications with higher salary ranges. Such persons must be qualified to perform those duties. a. At (b) Former employees who are rehired from the recall list into the same department and classification previously held will serve no probationary period assuming the former employee had successfully completed the probationary period at the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twentylay-one (21) calendar days from the date the notice of recall was received, or lose all recall rightsoff. If an the rehired employee canhad not be contacted at his/her address or record completed the six (return of certified mailing6) as provided for abovemonth probationary period, then he/she will be considered on probation for the length of time required to complete the six (6) months. An employee who does not pass the six (6) month probationary period will not be returned to the recall list. (1) the employee was terminated from a position that did not make them whole, and (2) the termination is overturned through the grievance arbitration process. (c) Former employees will be required to provide the City with a current address in order to be eligible for recall. Employees or former employees will have waived all five (5) calendar days from receipt of an offer of recall rights, to accept or reject the offer. Employees or former employees who fail to respond to the recall offer in the designated time period shall be deemed tohave rejected the offer. (d) A person’s name shall remain on the layoff list for two (2) years unless the employee following condition is under contract met: The person has been offered a position(s) from the layoff list which makes the person whole in another school district, in which case terms of former salary grade and number of hours. Make whole is defined as the employee will be allowed one additional right to recall if or former employee being offered a position in the employee so notifies same classification with the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled same budgeted hours as he/she had at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layofflay-off. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentyThe following process will apply to the recall of full-seven (27) months time faculty in the bargaining unit. A. Recall shall be in inverse order of layoff a vacancy occurs within the District for which a laid lay-off. B. Laid-off employee is fully qualified, such employee faculty members shall be recalled pursuant to fill any full-time faculty positions within the College that they are qualified to teach in order of College seniority, with the most senior laid-off full-time faculty member being recalled first, provided that such position openings occur within two (2) years of the date the full-time faculty member was laid off. Recalled faculty members return with tenure, rank, and years in rank as of the date of lay-off intact. C. The College shall provide notice of recall by certified mail to the following:faculty member at the last address of record maintained by the Human Resources Department. The displaced faculty member is responsible for maintaining a current address with the Human Resources Department. a. At D. Failure of the time faculty member to notify the College of layoff, the District shall provide for laid off employees to express in writing a desire an intent to return to work in response to the District. The District shall also receive offer of recall within thirty-one (31) calendar days of documented receipt of the employee’s address for recall notification. In the event notice of a recall, or receipt of notice of failed delivery, shall be considered a voluntary termination of employment. E. Once all full-time tenured faculty members have been recalled, non-tenured full- time faculty members shall be recalled in like manner. F. A home department is obligated to take back a transferred faculty member before hiring a new faculty member or part-time faculty member in the District shall notify area of his/her competency. However, the employee who has expressed a desire to return to the District by certified mail, return receipt, sent home department must be acceptable to the last address given transferred faculty member. G. No adjunct faculty, temporary faculty, nor other individuals shall be rehired, nor teach courses offered by the employee College, until all laid-off members of the bargaining unit who are qualified to the District office. The employee will teach those courses have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified been rehired by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsCollege. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will H. Non-bargaining unit employees shall not receive increment credit for the time spent on lay fill a lay-off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffvacancy while a RIF situation is in effect. 2. In determining which teacher I. No subcontracting or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept out-sourcing of bargaining unit work shall occur during a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentRIF situation. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months The Employer shall establish a recall list by classification by seniority unit for those employees furloughed under Section 5 of layoff this Article in the inverse order of seniority. a. Employees on such recall lists shall have rights to a vacancy occurs position in a classification within the District seniority unit from which they were furloughed provided they have the requisite seniority and skill and ability. b. Such recall lists will remain in effect for which a laid off furloughed employee is fully qualified, such employee shall be recalled pursuant to for a period of three years after the following:effective date of the furlough. a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. c. In the event any employee on a recall list refuses an offer of employment in the classification from which the employee was initially furloughed the employee shall forfeit all recall rights. d. During the period that employees are on a recall list, they shall keep the Employer informed of any changes in address. The Employer shall not be held liable if an employee is not offered recall because of failure to notify the Employer of a change of address. An employee who is not offered recall because of failure to notify the Employer of a change of address and who subsequently informs the Employer of the current address shall be returned to the recall list and shall be offered the next opportunity for recall, provided the employee's three year recall period has not expired. e. The recall period of a furloughed employee who, during the recall period, returns to the furloughing agency's payroll in a temporary capacity shall be extended by the amount of time the employee serves in the temporary capacity. f. A furloughed employee who, during a recall period, returns to the Employer's payroll in a temporary capacity shall upon recall from the furlough to permanent employment, be credited with seniority for the amount of time spent in the temporary capacity. g. During the recall period employees may be offered recall to either temporary or part-time positions. If an employee refuses an offer of either temporary or part-time recall, the District shall notify the employee who has expressed a desire to return forfeits all further recall rights to the District by certified mail, return receipt, sent to the last address given by the employee to the District officetype of employment refused. The employee will have seven (7) calendar days from the receipt of mailing retain recall rights to notify the District of intent to return. The employee must thereafter report on the starting date specified by the Districtpermanent, providing that this will not be less than twentyfull-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided time employment for above, then he/she will be considered to have waived all recall rights, unless which the employee is under contract eligible. h. A furloughed employee who, during a recall period, returns to the Employer's payroll in another school district, in a temporary capacity shall be eligible for all benefits enjoyed by permanent employees provided other applicable eligibility requirements are met. i. A community health employee who is furloughed may refuse recall to a state health center different from the one from which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further furloughed without forfeiture of recall rights. b. All j. The Employer will provide the Union with a copy of all recall lists. k. A furloughed employee who applies for and receives retirement benefits to which an employee was entitled at from the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step State Employes' Retirement Board shall forfeit all recall rights under this section as of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision date of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made approval of benefits by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawState Employes' Retirement Board. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) 27 months of layoff a layoff, a vacancy occurs within the District for which a laid off employee certified staff member is fully qualified, such employee shall as per Paragraph B, layoff procedures, the recall procedure outlined below will be recalled pursuant to the followingfollowed: a. At the time of layoff, the District shall provide for laid off employees members to express in writing a desire to return to the District. The District shall also receive the employee’s member's address for recall notification. In the event of a recall, the District shall notify the employee member who has expressed a desire to return to the District of the recall by certified mail, return receipt, sent to the last address given by the employee member to the District office. The employee member will have seven (7) fifteen [15] calendar days from the receipt date of mailing to notify the District of intent to return. The employee must thereafter member must, thereafter, report on the starting date specified by the District, District providing that this will not be less than twenty-one (21) calendar fourteen [14] days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee a member was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee member upon the employee’s member's return to active employment, ; and the employee member will be placed on the proper step of the salary schedule for the employee’s member's current position according to the employee’s member's experience and education. An employee A member will not receive increment credit for the time spent on lay off layoff, nor will such time count toward the fulfillment of time requirements for acquiring contract permanent status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher certified staff member or teachers members to recall, the Board will utilize consider the criteria set forth in paragraph B Paragraph B, layoff procedures, above. Any teacher member who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher member not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Proceduregrievance procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawparties. 4. Any regular employee certified staff member who is non-renewed or dismissed for the same, and only the same, reason(s) reason or reasons which the Board could have used to conduct a layoff under this Article, will be afforded re-employment reemployment rights in accordance with Section H.Paragraphs E2 and E3, recall.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27a) months In all cases of layoff a vacancy occurs recall after layoff, employees shall be recalled in accordance with their seniority ranking provided they have the necessary qualifications, ability, knowledge and skill to perform the jobs available within the District for which job classification provided the surplus employee can do the job without formal training. The employee will be afforded a two week orientation period that will include minimal on the job training. (b) An employee with seniority who is laid off shall retain seniority and right of recall for the following period of months based on the employee's length of continuous service as follows: Period of Months Service in Years 12 up to two (2) years 24 more than two (2) years (c) An employee who is fully qualifiedrecalled in accordance with this article shall be reinstated as though there had been no interruption in seniority. (d) Subject to Article 30.06 (a), such no new regular employee shall be recalled pursuant hired into the bargaining unit until all employees within the bargaining unit, who are on layoff have been given an opportunity to be recalled, subject to necessary qualifications, ability, knowledge and skill to perform the following:jobs available. a. At (e) All employees eligible for recall shall file with the time Employer and the Bargaining Unit their most recent address and telephone number. (f) An employee shall have the right to refuse one (1) recall to a position at the same salary level and employment status. Notices of layoffrecall to lesser positions, the District shall provide for laid off employees or to express in writing a desire to return to the District. The District shall also receive position which is more than forty (40) kilometers from the employee’s address for recall notification. In the event of last work location shall not be deemed to be a recall, the District shall notify the refusal. (g) A full-time employee who has expressed is recalled to a desire part-time position shall continue to return retain recall rights to a full-time position, which may include a part-time position to complement the District employee’s current part-time position, subject to scheduling requirements. A recall to such part time position shall be deemed to have satisfied the employee’s recall rights subject to Article 30.03 (c). (h) Notice of recall shall be sent by certified mail, return receipt, sent registered mail to the last address given recorded with the Employer by the employee and shall require the employee to the District office. The employee will have report to work on a date not earlier than seven (7) calendar work days from after the receipt date of mailing such notice. If the employee does not reply within said seven (7) work days or fails to notify report for work at the District of intent to return. The employee must thereafter report on the starting time and date specified by in the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallnotice, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will shall be deemed to have resigned from District employment. Any teacher not recalled pursuant terminated all recall rights and the laid off employee shall receive any severance payment to this Article within 27 months of layoff will which he/she would normally be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights entitled in accordance with Section H.the Collective Agreement and/or Employment Standards Act. (i) Subject to Article 30.06 (f), an employee’s refusal to accept a recall to a position at their same salary level and employment status, will result in the termination of all recall rights and the laid off employee shall receive any severance payment to which he/she would normally be entitled in accordance with the Collective Agreement and/or Employment Standards Act. (j) Those persons not recalled by the end of the recall period shall receive any severance payment to which he/she would normally be entitled in accordance with the Collective Agreement and/or Employment Standards Act.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. Teachers selected for non-renewal shall immediately be placed upon a RIF list compiled from the seniority lists provided for in section “B-3”. Teachers non-renewed for performance reasons shall not appear on the list. A teacher whose name appears on the RIF list shall be offered re-employment when a position becomes available for which he/she is certified/licensed, subject to the exceptions provided for in “B”. Subject to the exceptions provided for in “B”, teachers on the RIF list shall be offered re-employment to positions for which they are certified in the order of seniority at the time they are non- renewed. No new teachers shall be employed by the Board while there are teachers on the RIF list certified/licensed for any opening of a teaching position, subject to the exceptions provided for in “B”. Said recall rights shall be for a period of three (3) years from the date of the reduction in force. 1. If within twenty-seven (27) months Notice of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee recall shall be recalled pursuant given by telephone, telegram, or registered mail to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last telephone number or last address given by the certificated/licensed employee to the District officeBoard. The It shall be the responsibility of the certificated/licensed employee will have seven (7) calendar days from to keep the receipt Board advised in writing of a telephone number and mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted address at his/her address or record (return of certified mailing) as provided for above, then which he/she will can be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffreached. 2. In determining Subject to the exception provided in “B”, certificated/licensed employees notified on or before June 1st that their limited contracts are not being renewed for the next school year, shall be offered re-employment based upon seniority should openings occur in the course of that next school year and the school year subsequent to the next school year for which they have the necessary certification/licensure. Certificated/licensed employees who are offered, but who decline re-employment for the current year, but decline due to having temporary teaching employment, shall be offered re-employment in openings which may occur after the certificated/licensed employee’s declination or re-employment by the district only if the employee is called after July 10. Certificated/licensed employees offered re- employment in neither the course of the school year following their non-renewal nor in the school year subsequent thereto, must make application for employment in accordance with established procedures if they desire to be considered for employment in any school year after the school year following notice of non- renewal and the school year subsequent thereto. The rights herein granted to a non-renewed teacher shall be forfeited by the teacher should he/she: a. Waive his/her recall rights in writing b. Resign c. Fail to accept recall as provided for herein, and d. Fail to report to work in a position that he/she has accepted within five (5) school days after receipt of the notice or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any unless recalled teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned is prohibited from District employment. Any teacher not recalled pursuant to this Article within 27 months doing so because of layoff will be deemed to have resigned from District employmentphysical illness or injuries. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article Seniority shall be determined by means the length of a grievance filed pursuant to continuous service in the Article on Grievance Procedurelocal district. If two or more teachers have the same length of continuous service, then seniority will be determined by: a. The decision date of the arbitrator will be final Board meeting at which the teacher was hired, and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction;then by b. Failed to follow The date on which the procedure applicable to the matter before it;teacher submitted a signed contract c. Made a finding or order not supported by substantial evidence Total years experience in the whole record; orany district d. Improperly construed the applicable law.Performance 4. Any regular Length of continuous service will not be interrupted or affected by authorized leaves of absence, but time spent on such leave shall not count toward seniority. 5. A certificated/licensed employee who whose contract is non-renewed or dismissed suspended as a result of a RIF program shall be given written notification, by registered mail. The notification shall occur prior to June 1st of the year that the RIF program is to be implemented. The notification shall state the reason(s) for the same, reductions and only the same, reason(s) which for the Board could have used to conduct a layoff under this Article, selection of said certificated/licensed employee(s). 6. Contract suspensions will be afforded re-employment rights in accordance with Section H.effective at the end of the employee’s designated contract year.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Recall. 1. If within twentyThe following shall apply only to Laid-seven Off Employees who have elected this process pursuant to Sub-section 12.04 (27h). (a) Laid-Off Employees shall be eligible for Recall for a period of twelve (12) months following their effective date of layoff a vacancy occurs within the District for which a laid off employee is fully qualifiedLayoff. (b) The Board shall make every reasonable attempt to contact and Recall Laid-Off Employees in order of Seniority, such employee subject to their qualifications. (c) The Board shall be recalled pursuant to the following: a. At specify the time of layoff, the District when a Laid-Off Employee shall provide for laid off employees to express in writing a desire to return to the Districtwork. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee A Laid-Off Employee who has expressed a desire to return to accepted the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher Board's Recall but who does not accept report to work within forty- eight (48) hours of Recall or who refuses such a Recall shall be treated as follows: (i) If failure to report to work within 48 hours of the Recall is the Laid-Off Employee's first failure to report to work for a Recall, then the Laid-Off Employee shall be moved to the bottom of the eligibility list, however, if this is not the Laid- Off Employee's first failure to report following Recall, i.e., there has been one or more previous failures to report to work on the Laid-Off Employee's part then the Laid-Off Employee shall no longer be eligible for Recall and shall be deemed terminated. (ii) A. If a Laid-Off Permanent Full-time Employee refuses a recall will lose all further to Permanent Full-time employment, then the Employee shall no longer be eligible for recall rights and will shall be deemed terminated. The same also applies to have resigned from District employment. Any teacher not recalled pursuant a Laid-Off Permanent Part-time Employee who refuses a recall to this Article within 27 months of layoff will be deemed to have resigned from District Permanent Part-time employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. 1Employees who are laid off shall be placed on a recall list for a period of two (2) years or the employee’s length of employment, whichever is less. If there is a recall to the classification from which the employee was laid off, employees who are still on the recall list shall be recalled in the inverse order of their layoff from said classification, provided the employee is qualified for such position. Provided, however, a more senior existing employee who exercised rights under Section 2 (a) or (b) of this Article, to a lower pay grade job classification, shall have the right of first refusal to a job opening in the same classification and department during the first 12 months following such job change, but must exercise such election within twenty-seven five (275) months calendar days of layoff a vacancy occurs within notice. No new employees will be hired into the District for classification and department from which a an employee with recall rights was laid off, unless such laid off employee is fully qualifiedhas been sent a written notice of recall, such employee as described herein.‌ Employees who are eligible for recall shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event given written notice of a recall, which shall be sent to the District employee by certified mail. The employee shall notify the employee who has expressed a desire Human Resources Department, in writing, of his intention to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have within three (3) calendar days after receiving notice of recall or seven (7) calendar days from the receipt date of mailing of the notice, whichever is less. The Village shall be deemed to notify have fulfilled its obligations by mailing the District recall notice to the employee’s last known mailing address, by certified mail, return receipt requested; it being the obligation and responsibility of the employee to provide the Village with his latest mailing address. Recalled employees shall be available to report to work within seven (7) calendar days after their notification of intent to return. The employee must thereafter report on the starting date specified , unless otherwise instructed by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsVillage. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1When positions become available while there are employees on layoff, the position will be posted and filled based on interview, demonstrated work performance, qualifications, and seniority of currently working union members. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid Laid off employee is fully qualifiedunion employees shall then be recalled by qualifications, such employee department, and classification seniority. Employees shall be recalled pursuant to a position of equal or lesser classification in the department when there is more than one employee on layoff. Any exception to the following:above must be approved by management and the union. a. At 1. Recall for those Employees possessing all the time qualifications for available positions shall be in inverse order of layoff. Employees possessing all the qualifications for available positions shall be recalled working by seniority. The Employee with the greatest amount of seniority shall be recalled first; the Employee with the second greatest amount of seniority shall be second, etc., provided the District Employee has all the qualifications. 2. An Employee shall provide for laid off employees to express in writing a desire be notified by registered mail, return receipt requested, to return to employment and must do so within ten (10) working days of receipt of notice or be considered terminated. 3. It is understood that when an Employee is recalled she/he must accept the Districtposition for which she/he is being recalled, provided she/he is qualified for the position. Refusal to do so shall be interpreted as termination unless she/he is physically and/or emotionally disabled to a degree which prevents her/him from performing the normal duties of the position. Such disability must be verified by a physician’s statement. The District Board may request another physician's opinion at the Board’s expense. In addition, an Employee shall also receive remain on the employee’s address recall list for recall notificationa period equal to her/his seniority, but not to exceed two (2) years. 4. In the event of a recallpart-time position becomes open, employees on layoff shall be given first opportunity to fill such a position. Accepting such a position shall not jeopardize the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further Employee's recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmenta full-time position. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Recall. ▇. ▇▇▇▇-off employees or employees who have bumped or who have been bumped will have recall rights for up to eighteen (18) months starting from the last day of work in the same salary grade or within two (2) salary grades held prior to the initial layoff, transfer, bump, or reduction in hours, provided they are immediately qualified to perform the required work. B. Whenever, in the judgment of the University, it is necessary to increase the work force in a department following a layoff, employees will be recalled in order of seniority, i.e., the most senior employee will be recalled first, provided that the recalled employee is immediately qualified to perform the required work. 1. If University-authorized new or vacant positions shall first be offered, in seniority order, to the most senior pre-layoff classification incumbent who, as a result of layoff, had exercised his/her seniority to bump laterally within twenty-seven (27) months a salary grade or into a position in a lower salary grade. Recall or reinstatement will continue in order of layoff seniority. 2. Subject to the eligibility provisions in Section 2.A.2. above, if a vacancy occurs within the District for which a laid laid-off employee is fully offered recall to a vacancy in a lower grade level within 2 salary grades of the grade the employee was laid off, it is the employee's option to accept that position if the employee is immediately qualified, such . If the employee shall be recalled pursuant chooses to accept the following: a. At the time of layofflower level position, the District employee will be removed from the recall list. 3. Employees may choose to remain on the recall list rather than accept recall to a non-comparable position (i.e., in terms of hours, grade and salary). An employee who is offered a position in her/his former job classification and who refuses the offer shall provide for laid off employees not be entitled to express in writing further recall rights. C. An employee has five (5) workdays from receipt by certified mail of a desire notice of recall to accept recall and return to the Districtwork. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given work will be agreed upon by the employee and the University subject to the District office. operational needs of the department. D. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff. E. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report University shall not hire new employees in bargaining unit positions as long as there are still eligible employees on the starting date specified by recall list who are immediately qualified to perform the District, providing that this will not work in the affected job classification and are willing to be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an recalled to said classification. F. An employee cannot who is recalled to his/her former salary grade shall be contacted compensated at his/her address or record (return of certified mailing) as former salary plus any additional increase provided for above, then heduring the layoff period. An employee recalled to a lower salary grade classification shall be paid at his/she will be considered to have waived all recall rightsher former salary plus any additional increase provided during the layoff period, unless it is higher than the maximum of the lower salary grade range, in which event the maximum salary at the lower salary grade range will apply. If and when the provisions of this paragraph are implemented, the placement of an employee in a classification different from his or her previous classification will not establish a basis for any future salary inequity issues. G. Employees recalled into another SEIU bargaining unit position shall be required to serve a 60 day trial period. If during the trial period it is determined that an employee is not satisfactorily performing the work, this trial period shall be extended for as long as 30 additional days. The determination of whether or not the employee is under contract performing the work in another school district, in which case a satisfactory manner shall be determined by using benchmarks and objective criteria outlined upon placement that are based on the employee position description. Satisfactory performance will be allowed one additional right to recall if at the employee so notifies discretion of the District within the 21-day time periodUniversity but shall not be interpreted in an arbitrary or capricious manner. In the event the employee refuses a second recallis not able to complete the trial period due to performance, the employee waives all further will maintain recall rights. b. All benefits to which an employee was entitled at rights for eighteen (18) months from the time original date of layoff, including unused accumulated sick leave, will be restored to lay off. In the event the employee upon is not able to complete the trial period due to performance and the employee’s return to active employmentrecall rights have exhausted while serving the trial period, and the employee will be placed back on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit recall list for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during period equal to the time of layoffperiod he/she served the trial period. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentyA. Laid-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee bargaining unit members shall be recalled pursuant to vacant positions within the classification from which they were laid-off in order of seniority, with the most senior being recalled first, to any such position for which they are qualified. A bargaining unit member shall be deemed qualified for the position, provided he/she has: 1. Substituted in a same or similar position for twenty (20) consecutive days 2. Previously held the same or similar position 3. Been previously trained to do the work, or 4. In the determination of the Employer could satisfactorily perform the work and could be trained within a reasonable amount of time. B. Notices of recall shall be sent by certified or registered mail to the following:last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her current mailing address. a. At C. A recalled bargaining unit member shall be given five (5) work days from receipt of notice to return to work, unless he/she is otherwise employed and must give his/her other employer notice of resignation. In this event, the Employer will fill the position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within twelve (12) work days from receipt of the original notice of recall. The Employer may extend these time limits at its discretion. D. Bargaining unit members recalled to a position for which they are qualified, with equivalent hours of work as previously held, are obligated to take said work. A bargaining unit member who declines recall to an equivalent work/hour position, for which he/she is qualified, shall forfeit his/her seniority rights. Bargaining unit members on layoff shall accrue seniority during the period of such layoff. Acceptance or refusal of recall to a position which is lower in pay and/or benefits than the position from which the bargaining unit member was laid-off shall not affect his/her rights to recall to an equivalent position. E. Laid-off bargaining unit members shall be retained on the District’s recall list for a period of three (3) calendar years from the time of layoff, the District after which they shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will no longer have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional any contractual right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Recall. 1A. The Hospital shall maintain separate lists by nursing unit of employees laid-off and employees who accepted a demotion, transfer or shift change in lieu of layoff. If within twenty-seven Each employee’s name shall remain on such list for a period not to exceed one year. An employee’s name may be removed from such list prior to one year at the request of the employee, if he or she moves from the area, or is otherwise unavailable for recall (27) months of layoff ex., unable to work due to a disability, retirement, etc.). B. Whenever a vacancy occurs within the District for which in a nursing unit, employees who are laid off employee is fully qualifiedin that nursing unit shall have first consideration for recall to the position in accordance with seniority and the ability to do the job. If the vacancy occurs in a nursing unit in which there are no laid off employees, such employee then employees from that nursing unit who in lieu of layoff accepted a demotion or transfer to another position or shift shall be recalled pursuant to given the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire opportunity to return to the Districtnursing unit prior to recalling employees previously laid off from other nursing units. C. The rules outlined above shall then apply to any vacancy which occurs while there are individuals on the recall list. The District shall also receive If the employee’s address for recall notification. In vacancy exists in a nursing unit where there is neither a person previously laid off nor a person who was demoted or transferred, then the event of a recalllaid off employee with the most seniority will be recalled if she/he has the skills and abilities to perform the job and if not, the District most senior employee on the recall list who has such skills and abilities will be recalled. Any recalled employee who was subject to an unsatisfactory performance review or disciplinary action at the time of layoff shall notify return with the prior steps in place and shall be subject to continued review as warranted by performance or conduct upon return. D. Senior part-time employees on the recall list shall have recall rights to a full-time position only if he/she is willing to work the required full-time schedule of hours. E. Provisional employees shall have no recall privileges. F. Right to recall is terminated when: (i) the employee who has expressed a desire is recalled and reports to return to the District by certified mail, return receipt, sent to the last address given by work; (ii) the employee applies for a posted position with the Hospital and is selected for the opening; (iii) the employee is offered and refuses to accept a position upon recall; (iv) more than 365 days has passed since the District office. The layoff; (v) the employee will have seven fails to report to work within three (73) calendar consecutive days from the receipt of mailing to notify the District receiving a verified notice of intent to return. The employee must thereafter report recall; (vi) on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was receivedis returned to the Hospital as undeliverable or unsigned, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailingvii) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" has been removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties list as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence permitted in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H..

Appears in 2 contracts

Sources: Memorandum of Agreement, Memorandum of Agreement

Recall. 1. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee The Association shall be recalled pursuant informed of a contemplated reduction in personnel and shall have the opportunity to comment and recommend to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of Board regarding said layoff. 2. In determining which No teacher or teachers shall be laid off except by providing written notice thereof at least forty (40) calendar days prior to recall, the Board will utilize effective date of the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentlayoff. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article Probationary teachers shall be by means laid off first, in reverse order of a grievance filed pursuant seniority provided there are fully qualified, fully certified teachers, as defined in Article VIII, section E, to replace and perform all the Article on Grievance Procedure. The decision duties of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawlaid off teachers. 4. Any regular employee who If reduction is non-renewed still necessary, then teacher(s) in the specific positions being reduced or dismissed eliminated will be laid off. However, such teacher(s) shall be placed in the position for which he/she is fully qualified and certified, as defined by Article VIII, section E, which is held by the least senior teacher. 5. Qualifications are defined in Article VIII, Section E. 1. In cases of recall, tenured teachers on layoff shall be recalled to vacancies on the basis of seniority provided those being recalled are fully certified and fully qualified, as defined by Article VIII, section E, for the samepositions being filled. A “vacancy” shall be defined as in Article VIII, A. 2. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said teacher, at his/her last known address, and only by sending written notice to the same, reason(s) which Association. It shall be the responsibility of each teacher to notify the Board could have of any change in address. The teacher’s address as it appears on the Board’s records shall be conclusive when used in connection with layoffs, recall or other notice to conduct the teachers. The Board’s obligation regarding recall of a layoff under this Articleteacher shall be fully satisfied if the notice of recall is sent to the Association and the teacher’s last known address. 3. Failure to notify the employer of their intent to return to work on the date specified by the recall notice within fifteen (15) calendar days of the date the recall notice was sent shall result in said teacher’s name being removed from the recall list and shall conclusively be deemed to constitute the teacher’s resignation. 4. If a probationary teacher is not recalled within two (2) years from the effective date of his/her layoff, will be afforded re-employment rights in accordance with Section H.the teacher shall lose all seniority and recall rights. If a tenured teacher is not recalled within four (4) years from the effective date of his/her layoff, the teacher shall lose all seniority and recall rights.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1(a) Employees who are laid off shall be placed on a recall list and shall accrue service and seniority for a maximum of thirty-six (36) months. (b) Where the Employer determines that it needs to recall staff, employees laid off shall be recalled in reverse order of layoff. If Notwithstanding the foregoing, i. A full-time employee must accept a recall to a full-time position and/or a part-time position, as required, although recall to a part-time position will not extinguish the right to recall to a full-time position should one become available during the layoff. A full-time employee may decline recall to a part-time position without abandoning his or her recall rights where there is a part-time employee or more junior full-time employee on recall who is available to do the work required and otherwise must return or waive his or her rights; ii. A part-time employee must accept a recall to a part-time position, as required, and iii. A part-time employee may not be recalled to a full-time position; and iv. Employees must indicate within twentyforty-eight (48) hours of the recall notice that he or she is willing and able to return to work within the next seven (277) months of layoff a vacancy occurs within days or the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant deemed to have refused recall and seniority rights. (c) An employee and the following: a. At Employer may agree during the time of layoffrecall period to elect to terminate the employment relationship, and the District shall provide for laid off employees employee would receive any severance to express in writing a desire to return to which he or she is entitled under the DistrictEmployment Standards Act. The District employee will then be removed from the recall list and the Employer shall also receive have no further obligation with respect to this employee. (d) Notice of recall shall be by telephone and, if the employee cannot be reached, shall be sent by next day courier to the employee’s last known address for recall notificationand shall be deemed delivered at 10:00 AM on the following business day regardless of actual delivery. It shall be the employee’s responsibility to keep the Employer advised of his/her current telephone number and address at all times. (e) In the event of a recall, recall the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article Union shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawnotified. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven (27) months Bargaining unit members on the Reduction in Force list shall be returned to active employment to fill vacancies in reverse order of layoff a vacancy occurs within the District reduction for any position that becomes available for which a laid off employee they are or have become certified/qualified before any permanent bargaining unit member full, part-time, or substitute is fully qualified, such employee shall be recalled pursuant to the following:hired. a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification2. In the event of a recallvacancy(ies) becomes available, the District Board shall notify recall the employee who has expressed a desire bargaining unit member to return active employment status by giving written notice to the District by certified mail, return receipt, bargaining unit member. Said written notice shall be sent to the last address given bargaining unit member by the employee certified letter, addressee only, return receipt requested, addressed to the District officebargaining unit member's last known address. The employee will have It shall be the responsibility of each bargaining unit member to notify the Board of any change in address. If the bargaining unit member fails to respond to the recall notice within seven (7) calendar days from the receipt of mailing the certified letter, then the bargaining unit member shall have deemed rejected the recall to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not vacant position and shall be less than twenty-one (21) calendar days permanently removed from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentlist. 3. Any "appeal" from A bargaining unit member on the Board's decision on layoff Reduction in Force list shall have the right to accept or recall pursuant refuse a position which is offered. If the bargaining unit member refuses a position of hours comparable to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse riffed position, then the layoff or member shall be permanently removed from the recall decision made by list and the District only if offer of the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable position shall go to the matter before it; c. Made a finding or order not supported by substantial evidence in next bargaining unit member on the whole record; or d. Improperly construed the applicable lawrecall list. 4. Any regular employee who is non-renewed or dismissed for A bargaining unit member's name shall remain on the same, and only the same, reason(s) Reduction in Force list until such time that a position of hours comparable to that from which the Board could have used employee was laid off becomes available for which he/she is certified/qualified or two (2) school years (July 1 to conduct June 30) following the date he/she is first placed on the list. A bargaining unit member can accept or reject a layoff under this Article, will be afforded re-employment rights in accordance with Section H.position of lesser hours without jeopardy to his/her right to a position of hours comparable to his/her RIF'd position.

Appears in 2 contracts

Sources: Master Negotiation Agreement, Master Negotiation Agreement

Recall. 1. If within twenty-seven Any limited contract bargaining unit member whose contract is suspended will remain on a recall list for twelve (2712) months after the effective date of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant reduction. Exceptions to the followingprovision will occur only if the bargaining unit member: a. At the waives recall rights in writing; b. resigns; or c. takes full-time of layoff, the District shall provide employment with another district; or d. fails to accept a recall to a position for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then which he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightslicensed/certificated. b. 2. All benefits to which an employee a bargaining unit member was entitled at the time of layoff, contract suspension including unused accumulated sick leave, will be restored to the employee upon the employee’s his/her return to active employment, employment and the employee he/she will be placed on the proper step of the salary schedule for the employee’s his/her current position according to the employee’s his/her experience and education. 3. An employee A bargaining unit member will not receive increment credit for the time spent on lay off contract suspension, nor will such time count toward the fulfillment of time requirements required for acquiring contract status. Employee benefits do not accrue during the time of layofftenure. 24. When there is a vacancy, a bargaining unit member whose contract has been suspended will be recalled prior to posting and filling the vacancy with preference given to teachers with continuing contracts. In determining which teacher or teachers to recallrecalling teachers, the Board will utilize the criteria set forth in paragraph B abovenot give preference to any teacher based on seniority except when making a decision between teachers who have comparable evaluations. Any teacher who does not accept a recall will lose all further recall rights and bargaining unit member RIF’d prior to or during the term of this contract will be deemed to have resigned from District employmentconsidered comparable for the remainder of their time on the recall list. 5. Any teacher not recalled pursuant to this Article within 27 months of layoff A bargaining unit member will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or notified of recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final certified mail and binding on all interested parties as long as the arbitrator's decision is within telephone at his/her jurisdictionlast known address. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized Failure to reverse accept the layoff or offer of recall decision made by within two (2) weeks of the date of its mailing will result in a waiver of reinstatement. 6. No bargaining unit member new to the District only if will be employed for a position until all properly certificated/licensed RIF’d bargaining unit members on the recall list have been offered said position and have rejected or otherwise waived their right to that position. 7. A bargaining unit member on the RIF list will be given priority consideration as a substitute in the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 48. Any regular employee who is non-renewed or dismissed Laid off teachers shall have the right to pay the appropriate premium for the samegroup life, hospitalization and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights other group insurance benefits in accordance with Section H.COBRA. 9. The Board of Education shall not contest unemployment compensation requests by employees whose contracts are suspended due to a RIF unless the employee, for a reason other than their RIF status, is otherwise ineligible for unemployment compensation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27a) months In all cases of layoff a vacancy occurs recall after layoff, employees shall be recalled in accordance with their seniority ranking within the District for which a occupational classification. (b) An employee with seniority who is laid off shall retain seniority and right of recall for the following period of months if the employee is fully qualifiedhas the length of continuous service set below: Period of Months Service In Years 12 up to two (2) years 24 two (2) years or more (c) Subject to Article 21.03 (a), such no new employee shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for hired until those employees laid off have been recalled. (d) An employee who is recalled in accordance with this article shall be reinstated as though there had been no interruption in service or seniority. (e) All employees to express in writing a desire to return to the District. The District shall also receive the employee’s address eligible for recall notification. In shall file with the event Employer and the Bargaining Unit their most recent address and telephone number. (f) Notice of a recall, the District recall shall notify the employee who has expressed a desire to return to the District be sent by certified mail, return receipt, sent registered mail to the last address given recorded with the Employer by the employee requiring the employee to report to work on a date within ten (10) work days after the District officedate of such notice. The If the employee will have seven does not reply within said ten (710) calendar work days from or fails to report for work at the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting time and date specified by in the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallnotice, the employee waives all further recall rightsshall be deemed unavailable and the next eligible employee shall be called. b. All benefits to which an (g) An employee was entitled at the time of layoff, including unused accumulated sick leave, who is on layoff will be restored required to return to work when recalled, unless an acceptable reason is provided to the Superintendent of Human Resources. Where the most senior employee upon is half time, the employee’s return employer shall make the appropriate staffing arrangements to active employment, and accommodate the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and educationrecall. An employee will not receive increment credit for previously on full-time assignment who accepts recall into a half-time assignment shall retain the right of recall into a full-time spent assignment. Employees shall have the right to refuse assignments which are less than their entitlement without losing their right of recall. Term assignments shall be offered to employees on lay off nor will such time count toward fulfillment recall. Employees who accept term assignments shall retain their right of time requirements for acquiring contract statusrecall. Employee benefits do not accrue during An employee shall have the time right to refuse a term assignment without losing right of layoffrecall. The period of the term assignment shall be added to the recall period. 2. In determining which teacher or teachers (h) Subject to recallArticle 21.03 (g) above, the Board will utilize the criteria set forth in paragraph B above. Any teacher an employee who does not accept a recall will lose all further recall rights and will fails to report to work when recalled shall be deemed to have resigned from District employment. Any teacher not recalled pursuant lost the right of recall and the laid off employee shall receive any severance payment to this Article within 27 months of layoff will which he/she would normally be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights entitled in accordance with Section H.the Collective Agreement and/or Employment Standards Act. (i) Those persons not recalled by the end of the recall period shall receive any severance payment to which he/she would normally be entitled in accordance with the Collective Agreement and/or Employment Standards Act. (j) The employer agrees to notify the President of the Union of the names, positions and work locations of all employees either being laid off or recalled.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven (27a) months Any teacher whose employment is severed as a result of layoff the elimination of teaching position(s) shall be placed on a vacancy occurs within the District for which a laid off employee is fully qualified, such employee Recall List. (b) Tenured teachers shall be recalled pursuant before non-tenured teachers provided that they are certified as defined by the Connecticut State Department of Education in an area in which an opening occurs. (c) Within the category of tenured teachers, the Board shall first recall those teachers with the most seniority based upon the most recent date of employment in the bargaining unit in the Meriden Public Schools provided they are certified as defined by the Connecticut State Department of Education in an area in which an opening occurs. (d) In the event an opening occurs for which there are no certified tenured teachers on the Recall List, the Board shall recall those non-tenured teachers with the most seniority based upon the most recent date of employment in the Meriden Public Schools, provided they are certified as defined by the Connecticut State Department of Education, in the area in which an opening occurs. (e) Teachers shall be retained on the Recall List according to the following: a. At (1) Teachers who have completed three (3) or less continuous years of service in the time Meriden Public Schools shall be retained on the Recall List for two (2) years. (2) Teachers who have begun or surpassed their fourth (4th) continuous year of layoffservice in the Meriden Public Schools shall be retained on the Recall List for four (4) years. (3) All teachers on the Recall List shall be required to notify the Superintendent, in writing, of their intention to remain on the Recall List for the following year, if eligible in accordance with the above, before January 1st of the preceding school year. If the Superintendent is not notified by the specified date, the District shall provide for laid off employees to express in writing a desire to return to teacher will automatically be removed from the District. The District shall also receive the employee’s address for recall notification. Recall List. (f) In the event of that a recallteacher who is recalled has not taught in the general category and particular assignment covering the position to which he/she is recalled, the District provisions of Paragraph 16.3(e) and (f) shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, apply. A notice of vacancy shall be sent to the President of the Federation and the teacher at the last address given by filed with the employee Board of Education. Teachers who are not living at their permanent residence due to travel or other reasons are encouraged to inform the District officeadministration of this fact to effectuate this notification provision. The employee will have A teacher shall respond to such notice within seven (7) calendar days from of the receipt date of mailing and shall report to notify the District of intent to return. The employee must thereafter report work on the starting date specified by day the District, providing that this will not be less position becomes available. A teacher who fails to fill a position with the same or a greater number of full-time teaching equivalents than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further previous position shall forfeit recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27A) months of Permanent employees who are on layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time in reverse order of their layoff, within a position classification within a work unit, with the District shall provide for last employee laid off being the first to be called back and continuing in like manner until the required number of employees have been obtained. (B) If the required number of employees cannot be obtained by the procedure outlined in “A”, recall shall be by overall seniority for all other employees on layoff in the bargaining unit. (C) Any recalled employee will be given a trial period of thirty (30) days to express in writing a desire allow the City to return determine his qualifications for the job. All employees must be qualified to perform the District. work. (D) The District shall also receive the employee’s address for recall notification. In the event of a recall, the District City shall notify the employee who has expressed a desire to return to of his recall at his last address on record with the District City by certified mail, letter with return receipt, sent to the last address given by receipt requested and employ him if he reports and is available for work. If the employee signs for the certified letter, he or she shall have no longer than seventy- two (72) hours to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rightsfor work. If an employee cannot be contacted at his/her address or record (return of the certified mailing) as provided letter is signed for above, then he/she will be considered to have waived all recall rights, unless by someone other than the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recallemployee, the employee waives all further recall rights. b. All benefits shall have no longer than ninety-six (96) hours to which an report for work. If said employee was entitled fails to report for work within the time limits established above, he shall be considered as having voluntarily resigned, provided that illness incapacitating the employee for work or extended absence from home at the time of layoff, including unused accumulated sick leave, will recall shall be restored to sufficient excuse for not reporting for work if the employee upon the employee’s return to active employment, and the employee will be placed on the proper step City is informed of the salary schedule for the employee’s current position according to the employee’s experience and educationexcuse within twenty-four (24) hours after receipt of notice of recall. An employee will loses his right to recall and is considered to have voluntarily resigned if his address on file with the City is not receive increment credit accurate. (E) An employee recalled to a job not within his position classification within his work unit, shall retain prior right to recall to a vacancy existing within his position classification within his work unit. Should an employee be recalled to a job not within his position classification within his work unit, he shall retain, continue to accumulate and may exercise his seniority within his position classification within his work unit for a period of ninety (90), eight (8) hour work days actually worked. At the end of the ninety (90) work day period, his job seniority shall then accumulate retroactively from the original date of his recall to his present position. If, at any time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers ninety (90) work day period, an employee shall refuse a call to recalla job within his position classification within his work unit, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall he shall forfeit his prior seniority rights and will be deemed his job seniority shall begin to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision accumulate as of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence first day of employment in the whole record; or d. Improperly construed the applicable lawhis new position classification and/or work unit. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. (1. If within twenty-seven (27) months of layoff Whenever a vacancy occurs within the District for which in a laid off employee is fully qualifiedjob classification, such employee Employees who are on layoff in that classification shall be recalled pursuant in accordance with their classification seniority in the reverse order in which they were laid off provided that the Employee has the skill, ability, work record and experience to be qualified to do the work. If a vacancy occurs in a Department in a job classification where no Employee in that classification has recall rights or is deemed to be qualified, then the laid-off Employee in that Department with the most bargaining unit seniority will be recalled to that vacancy if he/she has the skill, ability, work record and experience to be qualified to do the work, and, if not, the next qualified senior Employee on layoff in that Department will be recalled and so on. If a vacancy occurs in a Department where no Employee is on layoff or is deemed qualified, and if there are employees on layoff who have four or more years of bargaining unit seniority, then the laid-off Employee with the most bargaining unit seniority will be recalled to the following: a. At vacant position if he/she has the time of layoffskill, ability, work record and experience to be qualified to do the work and, if not, the District shall provide for laid next qualified senior Employee with four or more years of bargaining unit seniority will be recalled and so on. Consideration of laid- off employees with less than the specified seniority for vacant positions will be governed by paragraph E (5) above. (2) An employee who is recalled and assigned to express a new position shall serve the same probationary period in writing such new position as a desire new hire. If returned to return layoff status during the probationary period, the period of active employment shall not be deemed to the District. The District shall also receive the employee’s address be time on layoff for recall notification. In purposes. (3) Probationary employees who have been laid-off have no recall privileges. (4) It shall be the event responsibility of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the each employee to keep the District office. The University informed of his/her current home address. (5) Laid-off employees shall be interviewed for vacancies prior to other candidates whenever possible. (6) An employee will have seven on layoff who is not offered recall to a vacant position for which he/she applied shall receive notification in writing. (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the DistrictHuman Resources shall send a cover letter concerning contractual obligations for laid-off employees per attached Exhibit A. (8) Effective March 23, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received1992, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless who obtains a position in the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled same grade pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment12 (F) shall receive no less than his/her prior salary plus any intervening wage increases. 3. Any "appeal" from (9) Grievances with respect to failure to hire an employee in the Board's decision on layoff or recall pursuant to this Article shall pool may be by means filed at Step 3 of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator Timely grievances involving multiple positions applicable to a single employee will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawconsolidated for handling. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1The provisions of this Clause are amended by the Letter of Understanding - Layoff and Recall attached to this Agreement. If within twenty-seven In recalling employees (27other than probationary employees) months of who have been laid off, the following terms and conditions shall apply: (a) the employees must be qualified to perform the work made available to them; (b) No new employees shall be hired following a layoff a vacancy occurs within the District for which a until those employees who were laid off employee is fully qualified, such employee have been given a reasonable opportunity of recall as follows: (1) the Employer shall make every reasonable attempt to contact the employees in order of their seniority in the Employment Pool and the employees shall be recalled pursuant by the Employer in such order provided that they respond within forty-eight (48) hours of the initial attempt of the Employer to contact them; (2) upon making contact with an employee, the following: a. At Employer shall specify the time when the employee shall report for work; (3) an employee who does not respond within forty-eight (48) hours of layoffthe initial attempt of the Employer to make contact, or who refuses to report for work shall be placed at the District shall provide bottom of the list of employees eligible for laid off employees to express recall under this clause notwithstanding the employee's seniority in writing a desire the Employment Pool; (4) an employee notified to return to work shall report at the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date time and place specified by the DistrictEmployer for so doing or, providing that this will in extenuating circumstances, within such extended period of time not be less than twenty-one exceeding fourteen (2114) calendar days from the date of the notice initial attempt of recall was receivedthe Employer to make contact as the General Manager, or lose all recall rights. If an employee canHuman Resource Services may approve, which approval shall not be contacted at his/her address or record unreasonably withheld; (return 5) it shall be the responsibility of certified mailing) as provided for aboveall employees who have been laid off and wish to be recalled by the Employer to keep the General Manager, then he/she will Human Resource Services informed of their respective current addresses and telephone numbers. The Employer shall be considered to have waived all fulfilled its obligations to recall rights, unless an employee eligible for recall under this clause by attempting to contact the employee is under contract in another school district, in which case at the employee will be allowed one additional right to recall if employee's last known address on the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightsEmployer's records. b. All benefits to which (6) an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, who is laid off and the employee will be placed is eligible for recall under this clause shall remain on the proper step recall list for a maximum of the salary schedule for the employee’s current position according six (6) months. (7) The offer of temporary and/or auxiliary assignments to the employee’s experience Regular Full- Time and educationRegular Part-Time Employees with seniority who have been laid off shall not be considered a recall. An employee who accepts such temporary and/or auxiliary work shall not receive a further layoff notice at the conclusion of such work. Employees who decline such work will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed considered to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentrefused a recall. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven (27) 27 months of layoff layoff, a vacancy occurs within the District for which a laid the laid- off employee educator is fully qualified, such employee the recall procedure outlined below shall be recalled pursuant to the followingfollowed: a. 1. At the time of layoff, the District shall provide for laid laid-off employees educators the opportunity to express in writing a desire to return to the District. The District shall also receive the employeeeducator’s address mailing and email addresses, for recall notification. In the event of a recall, the District shall notify educators, who have expressed the employee who has expressed a desire to return to the District District, of the recall by certified mail, return receiptmail and email (if provided), sent to the last address addresses given by the employee educator to the District officeDistrict. The employee Those educators responding to the recall will be considered for rehiring based upon seniority and competence using the same criteria as described above for the initial reduction in staff. 2. An educator who is on the recall list, shall have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the of receipt of certified notice of recall to notify the District in writing, by mail, of their intent to be considered for the open educator position with the acknowledgement that upon acceptance by the District, said educator will report for duty as a full-time certified staff person in such position within 20 days from the date said notice was received. However, or lose all recall rights. If an employee canif the educator was not be contacted at his/her address or record receiving unemployment insurance benefits and if they can show that they were serving in a regular (return of certified mailingnot temporary) as provided contracted position for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another Oregon school district, in they shall, upon timely written request, be granted an additional 45 days within which case to report to work if the employee will be allowed one additional employing district has refused a request for release from contract. Failure of the educator to respond within the time provided herein, or a second refusal of a recall offer to a position within the educator’s area of licensure, shall constitute a waiver of the educator’s right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all be recalled and shall terminate such educator’s right to further recall rightsconsideration. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1A. Teachers selected for suspension shall immediately be placed on a recall list. If Teachers non-renewed for performance reasons shall not appear on this list. A teacher whose name appears on the recall list shall be offered the vacant position within twentyten (10) days of retirement, resignation, suspension, demise, non-seven (27) months renewal or termination of layoff a vacancy occurs within the District an employee teaching in an area for which a laid off employee said teacher is fully qualified, such employee certified/licensed. Said teacher shall be recalled pursuant to under the following: a. At foregoing provision regardless of his/her employment status at the time of layoff, the District shall provide for laid off employees to express in writing a desire to return recall subject to the Districtexceptions provided for in Section 5.04 above. The District A certificated/licensed employee need not be recalled to a position which becomes vacant after May 1 for the remainder of that school year. Teachers on the recall list shall also receive be recalled to positions for which they are certified/licensed in the employee’s address reverse order of their suspension. No new teachers shall be employed by the Board while there are teachers on the recall list who are certified/licensed for recall notification. In the event any opening of a recallteaching position, the District shall notify the employee who has expressed a desire to return subject to the District exceptions provided for in Section 5.04 above. 1. Notice of recall shall be given by telephone or certified mail, return receipt, sent mail to the last telephone number or last address given by the certificated/licensed employee to the District officeBoard. It shall be the responsibility of the certificated/licensed employee to keep the Board advised in writing of a telephone number and mailing address at which he/she can be reached. B. Subject to the exception provided for in Section 5.04 above, certificated/licensed employees notified on or before June 1 that their contracts are being suspended for the next school year shall be offered recall based upon seniority and area of certification/licensure. Certificated/licensed employees who are offered but who decline recall for such an opening need not be offered recall again in openings which may occur after the certificated/licensed employee’s declination for recall. The employee will have seven rights herein granted to a suspended teacher shall be forfeited by the teacher should he/she (71) calendar waive his/her recall rights in writing, (2) resign, (3) fail to acknowledge acceptance of recall within three (3) days from the after receipt of mailing written notice of recall, and (4) fail to notify the District report to work in a position that he/she has accepted within five (5) school days after receipt of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was receivedaccepting the recall opportunity, unless such recalled teacher is prohibited from doing so because of physical illnesses or lose all injuries. C. Teachers whose names have been placed on a recall rightslist pursuant to Sections 5.04 and 5.05 shall have their seniority determined in the following manner: 1. If an employee cannot The intent of the Recall Provision is to entitle teachers, who have been laid off, to be contacted at hisrecalled in accordance with their evaluation, seniority and area(s) of certification/her address or record (return of certified mailing) licensure, as provided for set forth above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored for up to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step first day of the salary schedule third school year after notice of suspension for the employee’s current position according limited contract teachers and up to the employee’s experience and education. An employee will not receive increment credit first day of the 9th school year for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring continuing contract status. Employee benefits do not accrue during the time of layoffteachers. 2. The RIF’ed teacher who is not recalled by the first day of the school year following the notice of layoff shall not accrue additional seniority time. In determining which teacher or teachers such cases, seniority shall continue to recallaccrue only if, at some time following the first day of the school year immediately following the RIF, the Board will utilize teacher is recalled. In such a case, seniority shall continue to accrue from the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months time of layoff will be deemed to have resigned from District employmentthe recall. 3. Any "appeal" from Teachers who are on limited contracts and who have been suspended and are not recalled within the Board's decision on layoff or recall pursuant to time period set forth in sub-section (1) of this Article section shall be by means considered severed from employment and shall forfeit all seniority accrued to that time with the exception of utilizing such seniority as a grievance filed pursuant tie-breaking factor. D. A certificated/licensed employee who holds continuing contract status, and is suspended, shall be entitled to the Article on Grievance Procedure. The decision be recalled in all areas of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdictioncertification/licensure regardless of whether such certification/license was acquired before or after his/her suspension. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized Failure to reverse notify the layoff Human Resources Office will forfeit recall rights in that additional area of certification/licensure. E. Teachers who voluntarily elect to delete an area or recall decision made by areas of certification/licensure from their teaching certificate/license will notify the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding Human Resources Office of such change. In that event, such teachers are not eligible for retention or order not supported by substantial evidence recall, in the whole record; or d. Improperly construed event of a reduction in force, in any certification/licensure area which has been deleted from the applicable lawState-issued certificate/license at the teacher’s request. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 115:01 UTS shall establish and maintain a Recall List of all the Bargaining Unit Teachers declared redundant. 15:02 A Teacher who is declared redundant may be offered a partial timetable. If within twenty-seven (27) months of layoff the Teacher accepts such a vacancy occurs within timetable, he or she shall be offered a full timetable in the District event that one becomes available for which the Teacher is qualified. This requirement on the part of UTS to offer a laid off employee is fully qualified, such employee full timetable shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide in place for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven two (72) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days years from the date the notice teacher accepts the partial timetable. It is agreed that in such situations the posting requirements under Article 26 are waived. 15:03 Teachers shall be recalled to vacancies in order of recall was receivedseniority, or lose all recall rights. If an employee canbeginning with the most senior person on the Recall List, provided that the most senior person possesses the qualifications necessary to fill the vacancy. 15:04 Should the most senior Teacher on the Recall List not be contacted at his/her address or record (return of certified mailing) as provided for abovepossess the necessary qualifications to fill the vacancy, then he/she will it shall be considered offered to have waived all the next most senior Teacher possessing the necessary qualifications. 15:05 Should no Teacher(s) on the Recall List possess the requisite qualifications to fill the vacancy(ies), then UTS may advertise and hire externally. 15:06 Teachers shall remain eligible for recall rightsfor a maximum of two (2) years. While on the Recall List, unless the employee is under contract in another school districtTeachers, in order of seniority, shall be offered any occasional teaching assignments, for which case they are qualified, at the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All same step and grid placement and level of benefits to which an employee was they were entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffthey were declared redundant. 2. In determining which teacher or teachers 15:07 Teachers who are eligible for recall shall file with UTS their most recent mailing addresses, e-mail addresses and telephone numbers. 15:08 When a vacancy exists, UTS will make reasonable efforts to recall, contact the Board will utilize Teacher being recalled by telephone and shall offer the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose teaching position by registered mail and/or e-mail. 15:09 A Teacher shall forfeit all further recall rights and will be deemed lose all seniority if he or she has been redundant for more than twenty-four (24) consecutive months; or following declaration of redundancy, fails to have resigned from District employment. Any teacher not recalled pursuant to this Article advise the Employer within 27 months five (5) school days of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision receipt of the arbitrator will be final recall notification his or her intention to return or fails to report for work on the date and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence time specified in the whole record; or d. Improperly construed the applicable lawsaid notification. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. Employees on layoff status shall be placed on a reinstatement roster for a period of one (1) year from the date of layoff. If within twenty-seven (27) months When vacancies occur, the order of reinstatement shall be the reverse of layoff a vacancy occurs within providing the District for which a laid off employee’s skills and ability to fill the position are considered equal in the opinion of the Employer. There will be no loss of benefits if the employee is fully qualified, such employee reemployed within twelve (12) months. 6.3.1 Employees shall be recalled pursuant to the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive notified by certified mail at the employee’s address for on file in the Department of Human Resources of the date to return to work from recall. It shall be the employee’s responsibility to keep the Employer informed as to the employee’s current address. The employee shall respond within three (3) days (excluding weekends and holidays) to indicate their interest in returning to work. If the employee does not respond within three (3) days but wants to be retained on the recall notificationlist, the employee will forfeit the right to recall to that position but the employee will remain on the Recall Roster. In If the event employee does not respond within seven (7) days of a the notice of recall, the District employee will be removed from the Recall Roster and the employee’s personnel records will be adjusted to reflect the termination of the employee. If the employee needs to give notice because of employment with another employer, up to fourteen (14) days will be allowed for returning to work. 6.3.2 Should an employee on the recall list be offered a job in a different job classification, the employee shall be subject to a ninety (90) day period for performance review. This ninety (90) day period of performance review may be extended in writing by mutual consent. At any time during this performance review period, the Employer will notify the employee who has expressed a desire in writing of any deficiencies in performance, what the employee must do to return correct the deficiencies and how the Employer will assist in that process. Except for situations involving safety issues or gross incompetence, the Employer will give two (2) weeks’ advance notice of performance deficiencies prior to terminating the District by certified mailemployee from the new position. If the employee fails to meet standards of performance, return receipt, sent to the last address given as determined by the Employer, the employee will no longer be allowed to the District officecontinue in that position. The employee will have seven (7) calendar days from be eligible for reinstatement to the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rightsemployee’s prior classification and prior department based upon available openings. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school districtnot reinstated due to the lack of an available opening, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored treated as being on layoff status and subject to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria recall provisions set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentSection 6.3. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months The names of layoff a vacancy occurs within the District for which a regular employees who have been laid off employee is fully qualifiedor when requested in writing by the department head, such employee probationary employees who have been laid off, shall be recalled pursuant to placed upon a Reinstatement Recall List for the following: a. At same class and for the time of layoff, the District shall provide for department from which laid off employees to express in writing for a desire to return to the District. The District shall also receive the employee’s address period for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (211) calendar days year from the date of layoff. Provided that for the notice names of recall was receivedregular, trial service, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return probationary employees who have been laid off as part of certified mailing) as provided the process for above, then he/she will be considered to have waived all recall rights, unless establishing the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employeeCity’s return to active employment, and the employee will 2003 general fund budget shall be placed on upon a Reinstatement Recall List for the proper step same class and for the department from which laid off for a period of two (2) years from the date of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall17.4.1 Upon request of the department head, the Board will utilize Seattle Human Resources Director may approve the criteria set forth certification of anyone on such a Reinstatement Recall List as eligible for appointment on an open competitive basis in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employmentthe department requesting certification. 3. Any "appeal" 17.4.2 Anyone on a Reinstatement Recall List who becomes a regular employee in the same class in another department shall lose their reinstatement rights in their former department. 17.4.3 Anyone accepting an appointment in the class from which they were laid off and, in a department other than that from which they were laid off, shall not be certified to their former department unless eligibility for that department is restored. 17.4.4 Refusal to accept work from a Reinstatement Recall List shall terminate all rights granted under this Agreement; provided, however, no employee shall lose reinstatement eligibility by refusing to accept appointment in a department other than the Board's decision on layoff or recall pursuant one from which the employee was laid off. 17.4.5 If a vacancy is to this Article be filled in a given department and a Reinstatement Recall List for the classification for that vacancy contains the names of eligible employees who were laid off from that classification and from that department, the following shall be by means the order of a grievance filed pursuant to certification: A. Regular employees in the Article on Grievance Procedureorder of their length of service. The decision regular employee on the Reinstatement Recall List who has the most service credit shall be first reinstated. B. Probationary employees without regard to length of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdictionservice. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse names of all probationary employees upon the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawReinstatement Recall List shall be certified together. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of Employees whose positions have been eliminated through layoff a vacancy occurs within the District or otherwise shall be considered first for equivalent vacancies which may become available and for which a laid off employee is fully qualified, such employee they are technically and physically qualified to perform the job. Such employees shall be recalled pursuant in descending order of District seniority. 2. Each employee on layoff shall be required to provide the following: a. At the time Human Resources Support Services, in writing, with a current address to which a letter of layoff, the District recall may be sent. Employees being recalled shall provide for laid off employees to express in writing a desire to return to the District. The District be notified by "Certified Mail Return Receipt Requested" and shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven five (75) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar working days from the date of the receipt of notice of recall was received, or lose all recall rightsto respond to the School Board's offer. The School Board reserves the right to temporarily assign employees to the vacancy until the recalled employee reports for work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not receive an affirmative response, the employee canshall be removed from the recall list and the School Board shall have no further obligation to the employee. If the recall notice is returned and not be contacted at receipted, the employee shall retain his/her address or record (return of certified mailing) as provided place on the recall list for above, then the next job opening for which he/she is qualified. However, after the second returned notice, the employee's name will be considered to have waived all dropped from the recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, list and the employee will be placed on the proper step of the salary schedule for the employee’s current position according School Board shall have no further obligation to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" An employee who has been laid off shall maintain recall rights for twelve (12) months from the Board's decision on date of layoff or until he/she refuses a recall pursuant opportunity, fails to this Article shall be by means of respond to a grievance filed pursuant to recall letter, submits a resignation, or accepts employment with another employer within the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision Florida Retirement System (FRS), whichever is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawless. 4. Any regular Written notice of layoff shall be given to the affected employee twenty (20) working days before the action is to become effective. 5. An employee who fails to apply to two (2) vacancies for which he/she is non-renewed or dismissed qualified, shall be removed from the layoff list. An employee who applies for a vacancy and is offered the sameposition and subsequently declines the position, shall be removed from the layoff list. 6. An employee who has started his/her sixth eighth year of service and only who will qualify for retirement by the same, reason(s) which end of that year shall be permitted to complete the Board could have used sixth eighth year so as to conduct a layoff under this Article, will be afforded re-employment rights acquire the necessary service to become vested in accordance with Section H.the retirement system.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months A. In the event the work force covered by the terms of layoff this Agreement is increased following a vacancy occurs within the District for which a laid off employee is fully qualifiedlayoff, such employee employees shall be recalled pursuant in the order and manner outlined below, subject to the following:applicable provisions of Article XV, Leaves of Absence. a. At 1. First, employees who exercised their seniority within their classification by accepting another position equal to or lower than the position from which they were laid off shall be recalled to the position they held at the time of layoff on the basis of seniority accrued within the classification, with the highest seniority employee being recalled first. 2. Second, employees shall be recalled to the classification from which they were laid off in reverse order of the layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid-off from the classification and to employees who were likewise laid off from the classification, but who exercised their accrued seniority to secure a position in another classification in which they had previously worked. 3. Employees being recalled in accordance with the provisions of Section 2 above shall be eligible for positions that are lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified to assume the position that differs from the one they held at the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. . B. In the event of a recall, the District Board shall notify the employee who has expressed provide a desire to return written notice of recall to the District affected employee(s) by personal delivery, or by registered or certified mail, return receipt, sent to the employee at his/her last address given by known address. It is the responsibility of the employee to keep the District office. The Board advised of his/her current address, and of any changes in his/her address. C. In the event an employee will have seven (7) calendar days from the receipt of mailing fails to notify the District of report his/her intent to returnreturn to work within five (5) working days following the date of delivery of a written notice of recall, the employee shall be considered a quit. The Further, in the event an employee must thereafter fails to report on to work within ten (10 ) working days after the starting date specified by the Districtemployee reported his/her intent to return to work, providing that this will not the employee shall be less than twenty-one considered a quit. D. An employee shall remain eligible for recall for a maximum period of three (213) calendar days years from the date the notice employee was laid off. No employee shall have a right to recall for a period of recall was received, or lose all recall rights. If an employee cannot be contacted at time exceeding his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled accumulated seniority at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recallE. If bus monitors are recalled following a layoff, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article they shall be by means recalled to their classification in reverse order of a grievance filed pursuant the layoff, with the highest seniority employee being recalled first. Laid-off bus monitors shall not be eligible for recall to positions in other classifications, nor shall laid-off employees from other classifications be eligible for recall to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawbus monitor classification. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twentyThe following shall apply only to Laid-seven off Employees who have elected this process: (27a) Laid-off Employees shall be eligible for Recall for a period of twelve (12) months following their effective date of layoff a vacancy occurs within Layoff. (b) The Board shall make every reasonable attempt to contact and Recall Laid- off Employees in order of Seniority, subject to their qualifications. It is the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to responsibility of the following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing Employee to notify the District Director of intent Library Services or designate of any change of address and other contact information. (c) The Board shall specify the time when a Laid-off Employee shall return to returnwork. The employee must thereafter A Laid-off Employee who has accepted the Board's Recall but who does not report to work within forty-eight (48) hours of Recall or who refuses such a Recall shall be treated as follows: (i) If failure to report to work within forty-eight (48) hours of the Recall is the Employee's first (1st) failure to report to work for a Recall, then the Employee shall be moved to the bottom of the eligibility list; however, if this is not the Employee's first failure to report following Recall, i.e., there has been one previous failure to report on the starting date specified by Employee's part then the District, providing that this will not Employee shall no longer be less than twentyeligible for Recall and shall be deemed terminated. The Board may extend these time limits where extenuating circumstances exist. (ii) A. If a Laid-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for aboveOff Permanent Full-time Employee refuses a Recall to Permanent Full-time employment, then he/she will the Employee shall no longer be considered eligible for Recall and shall be deemed terminated. The same also applies to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21a Laid-day off Permanent Part-time period. In the event the employee Employee who refuses a second recall, the employee waives all further recall rights. b. All benefits Recall to which an employee was entitled at the Permanent Part- time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Recall. 1. If within twenty-seven An employee who has been officially notified of their impending layoff or reduction in hours shall, beginning forty (2740) months days prior to the effective date of layoff a vacancy occurs within and continuing for two (2) years from the District for which a laid off employee is fully qualified, such employee shall be recalled pursuant to the following: a. At the time effective date of layoff, retain recall rights to any new or vacant classified position to be filled by the District shall provide for College at which they were laid off, provided such position is at the same or lower pay range as the position from which the employee was laid off employees and the employee meets the minimum qualifications for the position and possesses the required knowledge, skills and abilities. 2. For an additional year beyond that specified in Section 1 above, an employee who is on layoff status or whose hours have been reduced shall be notified of any new or vacant position to express in writing a desire to return to be filled by the DistrictCollege at which they were laid off, provided such position is at the same or lower pay range as the position from which the employee was laid off. 3. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District College shall notify the employee who has expressed a desire to return to of such new or vacant positions as specified in Sections 1 and 2 above, provided, however, that it is the District by certified mail, return receipt, sent to the last address given by responsibility of the employee to keep the District officeCollege advised of their current address. 4. Recall offers shall be made to the most senior employee on recall status who meets the minimum qualifications and has the required knowledge, skills, and abilities for the position being offered. The employee will shall have seven five (75) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case to advise the College whether the employee will accept the position. If declined the position shall be allowed one additional right offered to the next most senior person on the recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightslist. b. All benefits to which an 5. An employee was entitled recalled in accordance with this Article shall be paid the rate of pay being received at the time of layofflayoff or reduction in hours, including unused accumulated sick leave, will be restored plus any general wage increases which would have been received had the layoff or reduction in hours not occurred and/or any increases related to an adjustment to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and educationpay range or compensation plan. 6. An employee will not receive increment credit for who is recalled shall earn all benefits at the time spent on lay rate they earned such benefits upon layoff or reduction in hours, plus any adjustments which they would have earned if continuously employed. 7. An employee who is laid off nor will such time count toward fulfillment or reduced in hours and later recalled in accordance with this Article shall renew their employment relationship with the College at the same level of time requirements for acquiring contract status. Employee benefits do not accrue during seniority they had at the time of layofflayoff from which point seniority shall again begin to accrue. 28. In determining which teacher An employee recalled under the terms of this Article shall have their full sick leave accrual reinstated upon recall. 9. Once an employee has been recalled into a new or teachers to recallvacant position, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all employee shall have no further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of absent a subsequent layoff will be deemed to have resigned from District employmentor a resignation under the paragraph 10. 310. Any "appeal" An employee who accepts recall into a classification other than that from which they were laid off or reduced in hours and who is unable to perform the Board's decision on layoff or recall pursuant to this Article duties of the new position shall be by means entitled to resign from such position within ninety (90) days of a grievance filed pursuant accepting the position and shall retain all remaining rights as detailed in this Article. 11. The Colleges shall send copies of all recall notices to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawFederation President. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a laid off employee is fully qualified, such employee ▇▇▇▇-off bargaining unit members shall be recalled pursuant to vacant positions within the classification from which they were laid-off in order of seniority, with the most senior being recalled first, to any such position for which they are qualified. A bargaining unit member shall be deemed qualified for the position, provided he/she has: 1. Substituted in a same or similar position for twenty (20) consecutive days 2. Previously held the same or similar position 3. Been previously trained to do the work, or 4. In the determination of the Employer could satisfactorily perform the work and could be trained within a reasonable amount of time. B. Notices of recall shall be sent by certified or registered mail to the following:last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her current mailing address. a. At C. A recalled bargaining unit member shall be given five (5) work days from receipt of notice to return to work, unless he/she is otherwise employed and must give his/her other employer notice of resignation. In this event, the Employer will fill the position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within twelve (12) work days from receipt of the original notice of recall. The Employer may extend these time limits at its discretion. ▇. ▇▇▇▇▇▇▇▇▇▇ unit members recalled to a position for which they are qualified, with equivalent hours of work as previously held, are obligated to take said work. A bargaining unit member who declines recall to an equivalent work/hour position, for which he/she is qualified, shall forfeit his/her seniority rights. Bargaining unit members on layoff shall accrue seniority during the period of such layoff. Acceptance or refusal of recall to a position which is lower in pay and/or benefits than the position from which the bargaining unit member was laid-off shall not affect his/her rights to recall to an equivalent position. ▇. ▇▇▇▇-off bargaining unit members shall be retained on the District’s recall list for a period of two (2) calendar years from the time of layoff, the District after which they shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will no longer have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional any contractual right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Recall. 1. If within twenty-seven (27) months the Employer determines to increase the size of layoff the bargaining unit work force following a layoff, by recreating one or more bargaining unit positions, or when a vacancy occurs within due to a resignation, termination or retirement, the District following recall provisions or procedures shall apply: (a) Recall rights shall only be afforded to seniority (i.e. non- probationary) employees who have been laid off for a period not exceeding three (3) years. (b) Seniority employees having recall rights shall be recalled, in the order of their seniority (i.e. most senior first), to bargaining unit positions for which a laid off employee is fully qualified, such employee they are qualified (in the reasonable opinion of the Employer). (c) Recall notices shall be recalled pursuant to the following: a. At the time of layoffsent, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified or registered mail, return receipt, sent to the last known address given by of the employee to the District officebeing recalled. The recall notice shall state the date upon which the employee will have seven (7) calendar days from is to report back to work. It shall be the receipt of mailing bargaining unit member’s responsibility to notify the District Employer of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will current address. Recall notices shall be considered deemed to have waived all been given upon mailing as herein provided. Recalled employees shall have at least fifteen (15) calendar days, following mailing of the recall rightsnotice, unless within which to notify the Employer of his/her intent to report for work on the date prescribed. The Employer may, however, fill the position on a temporary basis during this period. (d) All bargaining unit positions shall be posted and filled by qualified internal candidates whenever possible. Positions not filled by internal candidates will then be filled by employees eligible to be recalled from layoff. (e) An employee who declines recall to a position which is equivalent or superior (in pay and/or benefits) to the position from which the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives was laid off shall forfeit all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit who accepts recall to a position which is inferior (in pay and/or benefits) to the position from which the employee was laid off shall retain recall rights (for the time spent on lay off nor will such time count toward fulfillment balance of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining recall period) to a position which teacher is equivalent or teachers to recall, the Board will utilize the criteria set forth superior (in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant pay and/or benefits) to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) position from which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.employee was laid off.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven An employee on the layoff list will have the opportunity to be placed in openings which occur in the same classification series at the same or lower classification the employee held at the time of layoff; and shall receive the pay closest to the outgoing salary. 2. The order of recall shall be determined on the basis of seniority, provided the employee to be recalled is fully capable of performing the available work without training, 3. Notice of recall shall be sent by certified mail to the last known address provided by the employee to the Superintendent or his designee. 4. The period of recall shall continue for the period of thirty (2730) months from the day of layoff a vacancy occurs within layoff. 5. An employee shall remain eligible for recall unless: a. The time limit for the District right of recall has expired; or b. he/she resigns; or c. the employee accepts or declines recall to any position for which a laid off employee he/she is fully qualifiedeligible for recall, such under ▇▇▇▇▇▇, paragraph 1 above; or d. he/she fails to respond to recall within ten (10) working days of receipt or attempt of delivery to the employee’s last known address as set forth in paragraph 3 above. 6. Upon return to service, the employee shall be recalled pursuant to credited with all back seniority; however, the following:period of layoff shall not be counted within that earned seniority total. Service credit will not be granted for the period of layoff. a. 7. At the time of layoff, if an employee has been employed by the School District shall for at least one year, the School District will provide for two (2) months of paid hospitalization or HMO coverage, as appropriate. Subsequently laid off employees to express in writing a desire to return may purchase Board hospitalization or 1-1M0 coverage, as provided by law, provided the employee makes payment to the DistrictTreasurer/CFO, as directed, by the date established for such payment by the Treasurer/CFO. The District shall also receive Failure to do so will result in the laid off employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days removal from the receipt of mailing to notify the District of intent to returninsurance rolls. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rights. If Once an employee canis off the insurance rolls or elects not be contacted at his/her address or record (return of certified mailing) as provided for aboveto continue insurance coverage, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the such employee waives all further recall rights. b. All benefits rights to which an employee was entitled at coverage during the time period of layoff. Should a laid off employee have hospitalization benefits made available to him or her through another employer, including unused accumulated sick leave, will be restored to such employee must notify the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights Treasurer/CFO and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" removed from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawinsurance rolls. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1. If within twenty-seven (27) months of Employees whose positions have been eliminated through layoff a vacancy occurs within the District or otherwise shall be considered first for equivalent vacancies which may become available and for which a laid off employee is fully qualified, such employee they are technically and physically qualified to perform the job. Such employees shall be recalled pursuant in descending order of District seniority. 2. Each employee on layoff shall be required to provide the following: a. At the time Human Resources Support Services, in writing, with a current address to which a letter of layoff, the District recall may be sent. Employees being recalled shall provide for laid off employees to express in writing a desire to return to the District. The District be notified by "Certified Mail Return Receipt Requested" and shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven five (75) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar working days from the date of the receipt of notice of recall was received, or lose all recall rightsto respond to the School Board's offer. The School Board reserves the right to temporarily assign employees to the vacancy until the recalled employee reports for work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not receive an affirmative response, the employee canshall be removed from the recall list and the School Board shall have no further obligation to the employee. If the recall notice is returned and not be contacted at receipted, the employee shall retain his/her address or record (return of certified mailing) as provided place on the recall list for above, then the next job opening for which he/she is qualified. However, after the second returned notice, the employee's name will be considered to have waived all dropped from the recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the employee’s return to active employment, list and the employee will be placed on the proper step of the salary schedule for the employee’s current position according School Board shall have no further obligation to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" An employee who has been laid off shall maintain recall rights for twelve (12) months from the Board's decision on date of layoff or until he/she refuses a recall pursuant opportunity, fails to this Article shall be by means of respond to a grievance filed pursuant to recall letter, submits a resignation, or accepts employment with another employer within the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision Florida Retirement System (FRS), whichever is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable lawless. 4. Any regular Written notice of layoff shall be given to the affected employee twenty (20) working days before the action is to become effective. 5. An employee who fails to apply to two (2) vacancies for which he/she is non-renewed or dismissed qualified, shall be removed from the layoff list. An employee who applies for a vacancy and is offered the sameposition and subsequently declines the position, shall be removed from the layoff list. 6. An employee who has started his/her sixth year of service and only who will qualify for retirement by the same, reason(s) which end of that year shall be permitted to complete the Board could have used sixth year so as to conduct a layoff under this Article, will be afforded re-employment rights acquire the necessary service to become vested in accordance with Section H.the retirement system.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1An employee who is laid off shall be placed on a recall list for a period equal to his seniority or eighteen (18) months, whichever is less. If within twenty-seven there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are fully qualified to perform the work to which they are recalled without further training.‌ Employees who are eligible for recall shall be given ten (2710) months calendar days' notice of layoff a vacancy occurs within recall (with the District for which a laid off first of the ten (10) days being the date the notice to the employee is fully qualified, such employee postmarked). The notice of recall shall be recalled pursuant sent to the following: a. At employee by certified mail with a copy similarly mailed or personally delivered to a designated representative of the time Local Union, provided that the employee must notify the department head or his designee of layoff, the District shall provide for laid off employees to express in writing a desire his intention to return to the Districtwork within three (3) calendar days after receiving notice of recall. The District City shall also receive be deemed to have fulfilled its obligations by mailing the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District notice by certified mail, return receiptreceipt requested, sent to the mailing address last address given provided by the employee, it being the obligation and responsibility of each employee to provide the District office. The employee will have seven (7) calendar days from the receipt of department head or his designee with his latest mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose all recall rightsaddress. If an employee canfails to timely respond to a recall notice his name shall be removed from the recall list. If the City has not be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless heard from the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses ten (10) calendar days of mailing a second properly addressed notice of recall, the employee waives all further employee's name shall be removed from the recall rights. b. All benefits to which list. The City in its discretion may recall an employee was entitled at to a position m a lower-paid job classification. If the time of layoffCity recalls an employee to a lower-paid job classification, including unused accumulated sick leave, will be restored the employee shall have the right to return to the job classification he held prior to being laid off in the event it subsequently becomes available. Further, an employee upon shall have the employee’s return right to active employment, and refuse the employee will be placed on the proper step of the salary schedule for the employee’s current position according recall to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedurelower-paid job classification. The decision of the arbitrator will be final and binding on all interested parties City shall not hire a new employee to a bargaining unit position as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence there are still employees in the whole record; or d. Improperly construed classification or position on the applicable lawrecall list who are presently qualified to perform the work in the affected job classification. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1Employees who are laid off shall be placed on a departmental recall list for a period of twelve (12) months, provided that they notify the Employer(s) in writing within five (5) business days of their layoff of their desire to be considered for recall. Employees on the departmental recall list have the obligation to keep the Employer(s) advised in writing of their current address. If within twenty-seven (27) months of layoff there is a vacancy occurs within which the District for which a laid off employee is fully qualifiedEmployer(s) decides to fill, such employee employees who are on the recall list shall be recalled pursuant in the inverse order of their layoffs provided they are qualified to perform the following: a. At work in the time of layoffjob classification to which they are recalled. If an employee is recalled to a position in the same job classification and refuses it, the District such refusal shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or lose terminate all further recall rights. If an employee cannot be contacted at has exercised his/her address or record (return of certified mailing) as provided right to layoff in accordance with Article XII, Section 12.2, his/her recall rights shall not be terminated for above, then refusal to accept a position with fewer hours than he/she will be considered to have waived all recall rights, unless the previously worked. If an employee is under contract recalled to a position in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recalllower rated job classification, the employee waives all further recall rights. b. All benefits shall have the right to which return to the job classification held prior to being laid off in the event it subsequently becomes available. If an employee was entitled is recalled to a lower-rated job classification, the employee shall have the right to refuse the recall. The Employer(s) shall not hire new employees in bargaining unit positions as long as there are still employees on the recall list who are qualified to perform the specific work involved in the affected job classification and who are willing to be recalled to said Classification. This Section shall apply to all bargaining unit employees who are in layoff status at the time of layoff, including unused accumulated sick leave, will execution of this Agreement. Recall eligibility shall be restored to calculated from the first day the employee upon the employee’s return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffwas laid off. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. 1(a) Laid off employees shall be placed on a recall list for a period of two (2) years. (b) Recall to the job from which the employee was laid off, or one substantially derived from it shall be made on the basis of seniority, provided such position becomes available during the period stated in (a) above. If within twenty-seven (27) months of layoff a vacancy occurs within the District for which a The job in such instance will not be posted. Such laid off employee is fully qualifiedregular employees shall also have the right to apply for all posted jobs, such employee for the period stated in (a) above, and with the same preference they would have received if they had not been laid off. In any event they shall be recalled pursuant to considered for any vacancy which may arise in the following:Company provided the employees reaffirm their availability at three (3) month intervals with the Human Resources Manager. a. At (c) New employees will not be hired and job vacancies will not be posted until employees on the time recall list who have previously filled the job, or employees who have not previously filled the job but who can qualify for the vacancy in accordance with the job selection provisions of layoffArticle 7.10 are recalled. (d) Should there not be an employee on the recall list eligible for recall under (c) above, the District job vacancy shall provide for be filled in accordance with the provisions of Article 7.09 and 7.10(d). Employees on the recall list shall have the right to apply to all posted jobs, and with the same preference they would have received if they had not been laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for off. (e) Notice of recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District will be sent by certified mail, return receipt, sent registered mail to the last known address given by of all employees on the employee to the District officerecall list who are eligible for recall under Article 8.05(a). The employee Such employees will have seven ten (7) calendar days from the receipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, providing that this will not be less than twenty-one (2110) calendar days from the date the letter is registered in which to respond and report to work, with employees being rehired in order of their seniority. An employee must respond to recall to a lower level job, but may decline such and remain on the recall list. An employee who fails to respond to any notice of recall was received, or lose all recall rights. If an employee cannot be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered deemed to have waived be terminated. The notice of recall will clearly state this requirement. Copies of recall lists will be available to the Union upon request. Copies of all notices of recall rights, unless will be sent to the Union Office. (i) In the event the laid off employee is under contract in another school districtnot re-employed after the recall period expires, in which case the employee will be allowed one additional right terminated. An employee on layoff who fails to respond for recall if to the job from which the employee so notifies was laid off shall have their name removed from the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rightslist. b. All benefits to which (ii) Employees terminated under (i) above, will be given preference in rehiring provided they qualify for the vacancy in accordance with Article 7.10(d). (g) Employees on layoff will keep the Company informed of their current address for recall. Should an employee was entitled at change address during the time period of layoff, including unused accumulated sick leave, they will be restored to inform the employee upon the employee’s return to active employment, and the employee will be placed on the proper step Company of the salary schedule for the employee’s current position according to the employee’s experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoffchange by registered mail. 2. In determining which teacher or teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the Article on Grievance Procedure. The decision of the arbitrator will be final and binding on all interested parties as long as the arbitrator's decision is within his/her jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to reverse the layoff or recall decision made by the District only if the District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not supported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee who is non-renewed or dismissed for the same, and only the same, reason(s) which the Board could have used to conduct a layoff under this Article, will be afforded re-employment rights in accordance with Section H.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement