REDUCTION IN FORCE Clause Examples

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District. b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform. c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displace...

REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe: 8.1.1 PROBATIONARY employees within the job classification shall be laid off first. 8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification. 8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff. 8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position. 8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff. 8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall. 8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall. 8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classificati...

REDUCTION IN FORCE. A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall lis...

REDUCTION IN FORCE. A. Introduction 1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15. B. Necessity and Extent 1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting. 2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one. 3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching. C. Educational Program 1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions: a) The program needs of the students. b) The graduation requirements of the students. c) The requirements of accreditation. d) The requirements for compliance with the Basic Education Act. D. Educational Staff 1. If the Board has dete...

REDUCTION IN FORCE. It is understood and agreed that in addition to the above designated and related duties, full-time professional staff shall participate fully in the activities of institutional councils and/or committees. The employment status of the Employee shall be as follows: Executive/Managerial Appointment , not subject to tenure. Professional/Managerial Appointment , not subject to tenure. Other conditions of Employment:

REDUCTION IN FORCE. 23.1 The size of the workforce at any time is within the sole discretion of the Hospital. The parties acknowledge that throughout this Article, the determination of whether an employee is qualified for a position is within the sole discretion of the Hospital. 23.2 The Parties agree that in the event the Hospital determines that it will layoff bargaining unit members, informal discussions will take place to address issues related to the layoff no later than Five (5) days before the layoff. Nothing in these discussions will be inconsistent with this Article. 23.3 Layoffs will be accomplished by functional Department. Probationary employees in the affected functional Department will be laid off first. Traveler/Temporary nurses who were not hired because of specialized skills will be laid off next. In the event further layoffs are necessary, volunteers will be laid off. If additional layoffs are necessary the least senior employee(s) in the affected functional department will be laid off. 23.4 An employee who has been selected for layoff pursuant to this Article has the right to fill a posted bargaining unit position provided he or she is qualified for that position. If the employee declines to fill such position he or she will be laid off. 23.5 If there is no posted bargaining unit position for which the employee selected for layoff is qualified he or she has the right: a. To displace a probationary bargaining unit employee provided he or she is qualified for that employee’s budgeted position; or, b. To displace a Traveler/Temporary nurse who was not hired because of specialized skills; or, c. To displace the least senior employee in the unit provided he or she is qualified for that employee’s budgeted position; or, d. Be laid off.

REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee: A. voluntarily resigns his or her employment; or B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.

REDUCTION IN FORCE. A. A reduction in force is defined as the involuntary elimination of a regular nurse’s position or an involuntary reduction of a regular nurse’s scheduled hours or shifts. B. For purposes of this article, “qualified” means that the nurse is able to be precepted on site at the Medical Center up to six weeks of assuming the new role or position.

REDUCTION IN FORCE. If the City should reduce its work force, layoffs shall be made within each department by job title within classification based on seniority as defined in Article 13 - Seniority, unless the City determines that a bona fide special operational need exists that requires retention of a less senior employee. The City agrees to notify employees and the Union designee with a copy to the Local Union President not less than thirty (30) days prior to any layoff, except in the event of an emergency. If, prior to formal layoff notification as provided above, the City chooses to inform a member of the bargaining unit that they may be laid off, the City will also inform the Union of this potential layoff. Failure by the City to provide notice of possible layoffs to affected employees or the Union prior to the obligation for formal notification will not be subject to the grievance procedure. Employees who are to be laid off may bump down within the same department to a job title within the same classification for which the employee is qualified to perform the required work, unless the City determines that a bona fide special operational need exists that requires retention of a less senior employee. An employee who bumps into a lower job title within classification shall be placed on the salary schedule in the lower job title at the highest rate, which does not exceed the employee’s rate in the higher job title. An employee who wishes to bump down into a lower job title within the classification shall provide written notice no later than five (5) working days from the day of receipt of notification of layoff. Employees who are to be laid off will be given preferential consideration for vacancies in other departments if the employee possesses the skill, ability and experience required in the vacant position. In lieu of layoff, an employee may take a voluntary demotion to a lower job title within the department, requiring similar knowledge, skills and abilities. This is contingent on availability of vacant positions, and the employee shall be paid at the wage established for the lower job title. The employee may be placed at any step in the range in accordance with their experience, as recommended by the Department Head.