REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 3 contracts
Sources: Supervisors Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction 6.1 The rights and benefits of this article are granted exclusively to employees who have completed one or more year of service in the District
6.2 If the Board determines it necessary to decrease the number of staff, eliminate any position or reduce hours in a position, the Board may lay-off the necessary number of staff or reduce their hours, but only in the inverse order of seniority within employee classifications: educational assistant (para-educator), Intensive Special Needs Educational Assistant, office assistant and custodian. In Forcethe case of a tie in seniority, the administration will decide whom to retain based on the needs of the district and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any documented job qualifications and written job performance of the collective support staff that are “tied”. (e.g. Less senior staff members will be subject to lay-off or reduction in hours before more senior staff members.) A bargaining agreements between Teamsters Local 14 unit member with low seniority may be passed over in a layoff or reduction circumstance if he/she possesses special skills that are presently needed and uncommon among other bargaining unit members. An example of such skills is sign language for the CITY, retain seniority and hearing impaired. The School Administration retains the right to determine assignments while applying the reduction in force rights procedures. A staff member being laid off who is qualified for previously held positions another position may displace a staff person in another area or position with less seniority within those Contractsthe District. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have Under this article, no seniority rights to return to staff person may be prevented from securing other employment during the period the staff person is laid-off. When a previously held (new) staff position within these Contracts.
Section 1: A Reduction In Force may take place upon approval becomes available, laid-off staff members of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(adistrict shall be offered re-employment in the inverse order of their having been laid-off, provided that they are qualified to assume the available position(s) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days in accordance with Article 5, Vacancies. Employees who are to be laid off pursuant to this Article will be given to employees whose positions are reduced through a Reduction In Force. In lieu at least twenty (20) calendar day’s written notice by the District of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employeeimpending reduction in force.
Section 2: When a position is reduced and/or a Reduction In Force takes place, 6.3 Recall rights shall remain in effect for fifteen months from the following procedure will apply:
(a) All temporary and regular part-time would date on which the layoff notice became effective. A recalled staff member’s credit for previous years of service in the District shall not be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, lost as a result of a Reduction In Forcelayoff. Employees who have been laid off, are placed into previously held classification may shall retain the right to be subject recalled to any vacant positions within their job category in reverse order of layoff for a training period of up fifteen (15) months immediately following the date of the layoff provided the employee is qualified for said position. Notice of recall shall be by certified mail and by electronic mail and forwarded to sixthe employee within ten (10) days of when the vacancy becomes available in the District. Notice shall be sent by certified mail and by electronic mail to the employee’s last known address. If the employee does not make himself or herself available to fill the position within fifteen (15) calendar days after the recall notice was sent by the District, he/she shall be deemed to have refused the position and waiver further recall rights under this Agreement.
6.4 The Administration shall prepare a seniority list by November 1 of each year. Support staff shall have the right to challenge their place on this list by serving notice of the challenge directly to the administration within ten (10) calendar days of the list’s publication.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction A. If the Board suspends teaching contracts pursuant to ORC Section 3319.17 or for substantiated financial reasons, seniority shall be determined by length of continuous service in the Cuyahoga Falls City School District. Continuous service shall not be broken by authorized leaves of absence, but will be broken by a resignation or any other termination (excluding suspensions) of employment. In Forcethe event two (2) or more employees have the same length of continuous service, preference will be given:
1. To the teacher first hired by official action of the Board.
2. If not resolved under Subsection 1, above, to the teacher who first applied for a certificated position in the Cuyahoga Falls City School District, which is verified by the date stamp on the application.
3. If not resolved under Subsection 1 or 2, above, to the teacher who has the greater service in the system, regardless of continuity.
4. If not resolved under Subsection 1, 2, 3, or 4, above, to the teacher who prevails in a determination by lot.
B. In the first week of February, the Administration will make available in each school building a seniority list, a copy to be provided to the CFEA President, of certificated staff members with continuing contracts, limited contracts, continuing ISGI teaching contracts, and limited ISGI teaching contracts. The seniority list will identify years of service, the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any date the teacher was hired by official action of the collective bargaining agreements between Teamsters Local 14 Board, certification(s) currently on file, current assignment, and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractssystem-wide seniority.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
C. Within ten (a) The CITY may eliminate any position.
(b) Notice of at least thirty (3010) calendar days of the posting date of the seniority list, any corrections to the seniority list by staff members will be given to the Superintendent or designee, and a copy of the same will be provided to the CFEA President. A final corrected seniority list will be made available during the last week of February. Thereafter, teachers shall be eligible for retention in a RIF only in those teaching areas for which the teacher has filed a valid teaching certificate with the Personnel Office.
D. Evaluation ratings for the year of reduction in force must be received prior to any reduction. At least forty-five (45) days prior to the Board action suspending teaching contracts implementing a RIF, the Board agrees to notify the CFEA President in writing of its intention to implement a RIF. Subsequent to this notification, the Board and the Association shall meet to discuss the anticipated reduction. Subsequent to this initial meeting, and after the employees affected by the reduction have been identified, such employees shall be notified of the anticipated suspension of their teaching contracts. This notification shall occur at least seven (7) days prior to Board action suspending contracts. No contracts shall be suspended under this provision after the last Board meeting in July.
E. Teachers whose positions contracts are reduced through suspended shall forthwith be placed on a Reduction In Forcerecall list, a copy of which shall be given to the CFEA President. In lieu of notice, an equivalent amount of salary, based No new teachers shall be employed by the Board while there are teachers on the employee’s regular work schedule, will be paid recall list who are certificated for the particular position the Board intends to the employeefill.
Section 2: When F. A teacher whose name appears on the recall list shall be offered reemployment when a position becomes available for which he/she is reduced and/or certificated. Appropriately certificated teachers shall be returned to active employment in order of system-wide seniority by rating, except that in all cases, continuing contract teachers, if any, shall have a Reduction In Force takes place, the preference over limited contract teacher. The following procedure will procedures shall apply:
(a) All temporary and regular part-time would be laid off first1. Employees that are serving The Board shall recall the twelve (12) month probationary status within teacher to active employment by giving written notice by registered or certified mail to the classification that is to be reduced teacher. It shall be laid off nextthe responsibility of each teacher to notify the Board of any change in address. Should a probationary employee The teacher’s address, as it appears on the Board’s records, shall be laid off for a period conclusive when used in connection with an offer of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodreemployment.
2. If rehired before that timeframea teacher does not accept reemployment in writing, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held postmarked within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixfifteen
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force14.01 When a reduction of staff is deemed appropriate, and due to financial reasons as determined by the manner Board, by reason of decreased pupil enrollment, return to duty of regular teachers after leaves of absence, suspension of schools, or territorial changes affecting the District, the Board will implement such reduction in which it is executedaccordance with this procedure. A decline in student enrollment as prescribed in the statute shall be defined as a decline in the number of students District-wide over the previous five (5) school years.
14.02 Thirty (30) days prior to the Board implementing a reduction in force, applies to all Teamster represented positions only. Employees, who have worked the Association President will be notified in any writing of the collective intent to reduce staff.
14.03 Ten (10) days before the Board acts on a reduction in force, the individual affected bargaining agreements between Teamsters Local 14 unit members will be alerted of the fact by the Administration.
14.04 The Association President shall receive the following information prior to the Board implementing a reduction force:
1. The reasons for the reduction.
2. A list of specific positions to be reduced.
3. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly and regularly certificated/licensed. Bargaining unit members serving under limited contracts will be placed on the CITYlist under continuing contract bargaining unit members, retain also in descending order of seniority, according to the records of the District. It is the sole responsibility of a teacher to update the information possessed by the District concerning the current certificates/licenses he/she possesses by September 15th of each year. The Board shall submit the seniority and lists to the Association for its review by October 30 of each year. By November 30 of each year, the Association shall advise the Board of any errors on the seniority lists. Thereafter, the seniority lists shall be considered final until the seniority lists for the next year are created, except in the case of properly awarding continuing contract(s).
14.05 Seniority shall not be the basis for making decisions regarding reduction in force rights for previously held positions within those Contractsexcept when choosing between bargaining unit members who have comparable evaluations, regardless of contract status. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these ContractsFor reduction in force purposes only, Accomplished and Skilled will be considered comparable.
Section 1: A Reduction In Force may take place upon approval 14.06 Seniority shall mean length of continuous service, on a contracted basis, in the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice District. Approved leaves of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu absence shall not break continuous service but neither shall they count for years of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off nextservice. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehiredtie occur, they seniority will be required to serve a full 12 month probationary perioddetermined by date the Board takes action on the employment contract. If rehired before that timeframeThereafter, they ties will be given previous credit towards broken by drawing of the completion highest card from a deck of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to cards, in a position for which they previously held within meeting of the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification Association President and Superintendent. Ace is the highest card. The affected bargaining unit members may be subject to a training period present during the drawing of up to sixcards.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction A. In Forcethe event the Board of Education determines it is necessary to reduce employees due to: lack of funds, lack of work, declining enrollment or abolishment of positions, the Board and Superintendent will follow the procedures listed below in determining bargaining unit contract suspension.
B. In making reductions, attrition shall first be used to affect a reduction in force. If further reduction is required, then the Administration/Board will notify the President of the Association and the manner affected staff no less than fifteen (15) days prior to such reduction. All employees placed on the RIF list will be so advised.
C. In making a reduction, the Board shall proceed to suspend contracts in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any accordance with the recommendation of the collective bargaining agreements between Teamsters Local 14 Superintendent who shall, within each pay classification affected, give preference first to employees under continuing contracts and then to employees on the CITYbasis of attendance. Attendance considerations shall be based on factors including: employee attendance history and patterns of absences. If two or more employees are deemed to have equal attendance by the administration, retain the contract of the least senior employee will be suspended, in order of classification seniority.
D. On a case-by-case basis, in lieu of suspending a contract in whole, the Board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract.
E. Any employee whose continuing contract is suspended under this Article shall have the right of restoration to continuing service status if and when a nonteaching position for which the employee is deemed qualified by the administration becomes vacant or is created. The order of recall shall be based on classification seniority and reduction for vacancies in force rights areas for previously held positions within those Contractswhich they are qualified as determined by the administration. City No employee whose continuing contract has been suspended under this Article shall lose that right of ▇▇▇▇▇▇▇▇▇ employees working outside restoration to continuing service status by reason of these Contracts have no seniority rights to return having declined recall to a previously position requiring fewer regularly scheduled hours of work than required by the position the employee last held position within these Contractswhile employed by the Board.
Section 1: F. A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based continuing contract employee shall remain on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off recall list for a period of time longer than they worked for two (2) years from the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodeffective date of contract suspension. If rehired before Vacancies that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to occur in a position for which they previously held the suspended employee is qualified will be offered to and accepted by the employee within three (3) days of receipt of notice. Any employee who declines reinstatement or fails to respond within three (3) days of receipt of notice shall be removed from the CITYrecall list. It shall be the suspended employee’s responsibility to keep the Board apprised of his/her home address. To the extent there exists a conflict, these provisions supersede and replace the provisions of ORC Section 3319.172.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction 1. If the Board decides to decrease the number of employees or to discontinue some particular type of educational support service, the Board shall first dismiss, within the respective category of position, the employee with the least seniority, provided, however, that in the event special qualifications and current evaluations for the employee exist for a particular position then a less senior employee may be retained over a more senior employee. In Force, such event the more senior employee and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any union shall be notified of the collective bargaining agreements between Teamsters Local 14 reasons for retaining the less senior employee. The same factors shall also apply to a recall of employees. Employees who are removed or dismissed shall receive a written notice of honorable dismissal by certified mail, return receipt requested, in accordance with Section 10-23.5 of the School Code.
2. The Board and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City Union agree that a decision of ▇▇▇▇▇▇▇▇▇ the Board to decrease the number of employees working outside or to discontinue some particular type of these Contracts have no seniority rights to return to a previously held position within these Contractseducational support service shall be solely the decision of the Board.
Section 1: A Reduction In Force may take place upon approval 3. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the City Council and is defined following school term, the positions thereby becoming available within a specific category of position shall be tendered to the employees so removed or dismissed from that category of position, so far as any involuntary separation wherein management eliminates a position.
they are qualified to hold such positions. The positions shall be offered first to the laid off employees with greater seniority. To be eligible for recall, employees must notify the Board, in writing, within ten (a) The CITY may eliminate any position.
(b) Notice of at least thirty (3010) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of noticethe Board’s mailing of the notice of vacancy, an equivalent amount or within five (5) calendar days of salary, based on the employee’s regular work schedulereceipt of the notice, will be paid whichever shall first occur, of the acceptance of any vacant position offered to the employee during the recall period. The employee.
’s failure to notify the Board of acceptance of any vacancy shall constitute rejection of the offer of employment. Any employee who rejects an offer of an available full-time position in any category of position in which he/she is qualified shall be deemed to have waived his/her recall rights under Section 2: When 10-23.5 of the School Code and will no longer be eligible for any other vacant position that becomes available during the recall period. In the case of employees whose position is being eliminated within the respective classification by district seniority, the affected employee shall be allowed to displace or “bump” the employee with the least district seniority in the next lowest classification provided they are qualified for the position as determined by the authorized administrator in charge and the employee in the next lowest classification has less district seniority. If no one in the next lowest classification has less district seniority than the employee whose position was eliminated, then the employee shall have the right to a position in the next lowest subsequent classification in the same manner as described above until such time as a position is reduced and/or a Reduction In Force takes place, secured or all classifications are exhausted. An employee displaced in the following above procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving shall also have the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward right to a position for which they previously held in the manner as described above If the employee is released and recalled to a position within the CITYtime frame specified above, for the purpose of this section, it will not constitute a break in service and the employees will not incur any loss in district seniority. 4 The creation of new categories of position shall be within the inherent managerial authority of the Board and the impact of the new categories shall be negotiated with the Union.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 3 contracts
Sources: Contractual Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForcePrior to the layoff or reduction of any bargaining unit adjunct or full-time faculty member covered by this Agreement, the Board shall eliminate all non-unit adjunct faculty, then all voluntary overload assignments to courses which the full-time faculty member is competent to fill pursuant to the qualifications of this provision provided the Board may retain those adjunct or voluntary assignments to courses which unavoidably run at the same time as other identical adjunct or voluntary assignments to courses. therefore, bargaining unit adjunct faculty I positions shall be eliminated prior to the layoff of unit adjunct faculty II positions, and unit ad- junct faculty II positions shall be eliminated prior to the manner lay- off of full-time faculty. Within ten (10) school days of the reduction notice, the Human Resources Depart- ment will schedule a meeting with the faculty member whose position has been eliminated and the Association to review the qualifications of the affected faculty member in order to determine in which it is executeddisciplines they may be qualified to teach. If full-time faculty have been reduced to adjunct and work the equivalent of one- half (½) the normal workload or more, applies to all Teamster represented positions only. Employees, who have worked in any they shall be paid that pro rata portion of the collective bargaining agreements between Teamsters Local 14 salary they would have earned had they worked a full load. Where such faculty works less than the equivalent of one-half (½) load, they shall be paid the voluntary overload rate. Minimum qualifications and academic support qualifications have been estab- lished pursuant to the CITY, retain seniority procedure agreed by the parties for the 1988-1990 agree- ment and reduction updated in force rights 1999. Such qualifications shall be incorporated herein by reference. subsequent updates shall be made as new program submissions are adopted and approved as is provided for previously held positions within those Contractsin the paragraph below. City such new pro- gram submissions shall be provided to the Association at least two (2) weeks prior to submission to ICCB. Existing qualifications shall be reviewed as jointly agreed by faculty and adminis- tration representatives appointed by the Association and President respectively; and any proposed changes or notice of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights change shall be submitted to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place the President and Association and adopted upon approval of the City Council Association and is defined as any involuntary separation wherein management eliminates a positionPresident.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. System seniority shall begin with the employee’s first day of regular assignment. If the seniority date of two or more employees is equal, and the manner earliest date of Board appointment shall determine seniority. If seniority is still equal, the name that appears first alphabetically in which it is executedthe Board Minutes shall be senior. Substitute employees do not accumulate seniority. Seniority shall end upon the termination date as accepted by the Board.
B. Should reductions in regular positions be required, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and they will be accomplished using system seniority.
C. When reduction in force of support employees takes place in a job classification, lay-off of employees will be made in inverse order of seniority using the following rules:
1. Within a classification, the employee with the lowest system seniority in the classification affected shall be the first laid off. If further layoffs are required, the same procedure shall be used.
2. An employee identified for lay-off shall have the right to bump the employee with the least system seniority in another related job classification on the basis of the individual’s system seniority. Groups outlined in Article VIII are defined as related job classifications. An employee holding positions in more than one group, who has hours reduced in a position in one group, cannot exercise bumping rights for previously held positions in another group to restore the hours reduced.
3. The Board will not hire anyone into a job classification within those Contracts. City of ▇▇▇▇▇▇▇▇▇ a group until all reduced or laid off employees working outside of these Contracts have no seniority rights to return been offered reinstatement to a job classification they previously held position within these Contractsheld. Once an employee rejects an offer of reinstatement, that employee loses all recall rights.
Section 1: A Reduction In Force may take place upon approval 4. Recall of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days former employees will be given to employees whose positions are reduced through a Reduction In Force. In lieu made in reverse order of noticelay-off, an equivalent amount of salary, based on with the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be most recent employee laid off returning first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced Former employees shall be laid off next. Should a probationary employee be laid off maintain recall rights for a period of time longer than they worked two years.
5. Auxiliary Services Personnel shall be considered a separate and distinct group.
D. Employees identified for the City and are subsequently rehired, they separation due to reduction in force will be notified in writing a minimum of 14 calendar days prior to the proposed separation date. The notice will contain a statement that the employee is being released due to reduction in force and not because of job performance. This provision in no way infringes upon the Board’s authority to dismiss employees under the provision Article IV of this contract.
E. Former employees who desire recall during the two-year period following the effective date of separation, have the obligation to provide their address and telephone number in writing to the Director of Human Resources, and for providing any changes thereto in writing. An offer of re-employment or recall shall be considered made if written notice is provided to the latest known address by certified mail. Only one offer of recall is required to serve a full 12 month probationary periodbe made. If rehired before that timeframethe offer is refused, they not answered within 5 calendar days of receipt or is undeliverable due to a lack of a current address, the former employee loses remaining recall rights.
F. Copies of all lay-off and recall notices shall be provided to the local Union president for information purposes.
G. Any employee recalled to an assignment shall be paid at the appropriate pay level based on years of service at the time of lay-off.
H. Employees on the recall list will be given previous credit towards offered summer work by system seniority, with first preference to maintenance/custodial, at Step 1 of the completion of their probationary period.
(b) Regular employees whose positions are reduced custodian 3.0 pay rate. Insurance benefits for a summer work employee under this section shall be permitted the same as the employee had as of the date of lay-off. Employees on the recall list who accept or refuse summer work will not forfeit recall rights. Remaining work, if any, will be offered pursuant to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees whoArticle VIII, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixSection E.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any The Board of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City Education of ▇▇▇▇▇▇▇▇▇ County retains the right to reduce its work force by reducing the number of employees. The reduction in force process will begin when there are more employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsthan positions in their category.
Section 1: A Reduction . In Force may take place upon approval any reduction of unit members necessitated as a result of budgetary actions and/or administrative reorganization, unit members shall be laid off from the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment affected on the basis of seniority. When employees have the same hire date, the needs of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days school system will determine which employees are laid-off. Exception to this would be given where the senior unit member who would be kept does not have the minimum requirements necessary to employees whose positions are reduced through a Reduction In Forceperform the remaining work within the affected unit member assignment. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to event the employee.
Section 2: When a minimum qualifications for any position is reduced and/or a Reduction In Force takes placeare changed, the following procedure will applybe followed for unit member(s) not meeting the new qualifications by the effective date:
(aa. Unit member(s) All temporary and regular part-time would be laid off first. Employees that are serving not meeting the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they minimum qualification will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards identified by the completion Department of their probationary periodHuman Resources.
(bb. Unit member(s) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a identified by Human Resources will have the option of selecting the position of the least senior employee in the same classification who holds the position for which they previously held within the CITYqualify.
(c. If the affected unit member does not select the position of the least senior unit member, they are eligible for voluntary transfer as outlined in Section C.
d. If the affected unit member does select the position of the least senior unit member, the displaced unit member is eligible for voluntary transfer as outlined in Section C.
e. If more than one unit member is identified as not meeting new minimum qualifications for their current position, an equal number of the least senior employees in the same classification for which the affected members qualify will be identified by Human Resources.
f. The affected members beginning with the highest senior unit member may select a position from the positions identified in “e” of this Section. The procedures then follow as outlined in “c) Regular employees who, ” and “d” of this Section.
g. A member shall not receive a promotion as a result of a Reduction reduction in force. A promotion is considered any increase in wages, rank, or status.
2. Unit members laid-off pursuant to paragraph 1 shall be placed on a recall list for their clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment for a period of two (2) years.
3. While a lay-off continues, no new unit members will be hired into any clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment, except in the unique circumstances where: (a) no unit member on lay-off is qualified to fill a vacant position, or (b) all qualified unit members decline the offer to fill the vacancy.
4. All unit members on lay-off shall be notified of any vacancies in clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignments within five (5) calendar days in advance of the closing deadline for determining whether they wish to exercise recall rights. If a unit member elects not to return to a vacancy with the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment they previously worked in prior to lay-off (unless the employee is unable to perform the minimum requirements of the vacancy), said unit member will waive all further recall rights. If a unit member elects not to accept a vacancy in a different clerical, assistant, licensed practical nurse, and security monitor assistant assignment, for which they are qualified, said unit member may still remain on the recall list for their previously assigned unit member assignment. An individual who is offered recall must indicate to the Department of Human Resources, in writing, within five (5) duty days whether or not they accept the position offered and must be available for return to duty within 15 calendar days.
5. In Forcerecalling laid-off unit members, employees on the recall list for the clerical, assistant, paraprofessional, licensed practical nurse, and security monitor assistant assignment in which a vacancy exists shall be recalled in the order of their seniority by last assignment. If qualified, employees on the recall list will be offered a position in a different category when no other employees are left on the recall list from that pervious category.
6. The Association will be notified when all employees are placed into previously held classification may be subject to a training period of up to sixin new positions and/or when there are no longer any names remaining on the recall list.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In ForceA. Any employee who is laid off because of a reduction in staff shall be notified at least two weeks in advance, when possible, in writing by the Executive Director of Human Resources/Legal Affairs or his designee.
B. When the Board makes any necessary reduction in personnel, it will discuss with the Union the necessity for and the manner effects of such a reduction. The decision of the Board with respect to said reductions in personnel shall be final, subject to the provisions of this Article.
C. The Board shall, in an instance of reduction in force, determine the category(ies) within the division in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 reductions will be made and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsso affected.
Section 1: A Reduction In Force may take place upon approval of . Probationary employees within the City Council and is defined as any involuntary separation wherein management eliminates a positionaffected category(ies) within the division shall be laid off in an order determined by the Board.
(a2. Non-probationary employees within the affected category(ies) The CITY may eliminate any position.
(b) Notice within the division shall be laid off in the reverse order of at their seniority, with the employee having the least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be seniority being laid off first. Employees that are serving Non-probationary employees in positions scheduled for elimination after the twelve ratification date of this Agreement who work at least twenty (1220) month probationary status hours per week will displace the least senior employee within the classification that is category working the same number of hours per week (e.g., a thirty hour per week employee will displace the least senior thirty hour per week employee within the category provided such employee has more seniority than the employee to be reduced displaced). Laid off employees unable to bump or transfer within the same job category may displace the least senior employee working the same number of hours regardless of category, provided such employee has more seniority than the employee to be displaced, possesses the necessary job related education, job experience and skills; has received satisfactory performance evaluations, has worked within the last three years in the job category in which he/she wishes to transfer or bump and has earned at least two years of seniority credit within that job category. Employee(s) displaced pursuant to the third paragraph of Article 15(C)(2) shall displace the least senior person within their category.
3. Employees laid off through the procedures set forth in this Article shall be laid off nextretained on a recall list for a period equal to the sum of their accrued seniority, and shall be recalled in reverse order of their layoff to their former position, should it become available, or to vacant positions within the same category within the division.
4. Should Any employee removed from his/her position because of a probationary reduction in staff shall, in the event of a vacancy in the position most previously held by the employee within the category to which the employee was formerly assigned, be laid off returned to said position without implementing the bid procedure for the duration of this Agreement.
5. The parties reserve the right during period(s) of reduction(s) to meet and discuss alternative procedures to the implementation of Article 15(C)(2) and (3). Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth in sections C(2) and (3). This provision shall become effective after the ratification date of this Agreement. It is understood that no application of the seniority standard for purposes of the aforesaid layoff and recall procedures shall in any manner compel the School District to retain or recall any person in any position for which he/she cannot perform all the duties and meet all the requirements of the position, as set forth in the job description.
D. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. Employees shall be eligible for recall for a period of time longer equal to their seniority but not more than they worked for four years from the City and are subsequently rehireddate of layoff.
E. Notice of recall shall be sent to the employee at his/her last known address as recorded in the Office of Human Resources/Legal Affairs, they will be required to serve a full 12 month probationary periodby certified mail, return receipt requested. If rehired before an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. It is understood that timeframesuch employee is responsible for keeping the Board advised in writing of any change of address, they and will not be given previous credit towards excused for failure to report for work upon recall if the completion employee fails to receive a recall notice because of their probationary periodhis/her own failure to advise the Board in writing of a change of address.
(b) Regular employees whose positions are reduced F. Employees shall not be permitted to exercise their CITY seniority to move laterally or downward to a position for which displace other employees who work more hours per day than they previously held within the CITYdo.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. It is recognized that the Superintendent has the sole and exclusive right to eliminate Paraprofessional staff consistent with the law and with contractual obligations with Barnstable Teachers Association.
B. When a reduction in Paraprofessional staff is necessary because of a decrease in student enrollment, and changes in curriculum, shortage of funds, changes in use of instructional personnel, or for other reasons approved by Administration, the manner in which it is executedSuperintendent shall determine the area, applies to all Teamster represented positions only. Employeessubject, who have worked in any level or programs that will lose staff positions.
C. Paraprofessional employees of the collective bargaining agreements between Teamsters Local 14 and Barnstable Public Schools will be dismissed by level according to seniority:
1. Seniority within group levels as follows:
a. Level A: School Assistants
b. Level B: Teacher Assistants
c. Level C: Library Assistants
d. Level D: LPN
e. Level E: Personal Care Assistants
f. Level F: Instructional Assistants
g. Level G: Certified Occupational Therapist Assistants
h. Level H: Certified Physical Therapist Assistants
i. Level I: Certified Speech Language Assistant
D. A Paraprofessional employee would retain their continuous years of service in Barnstable in their designated Paraprofessional level, the CITY, retain seniority and level at which they are currently working. In a reduction in force situation seniority shall be defined as years of continuous service in the bargaining unit and bumping rights shall be first applied to their current designated group level. The least senior person in a designated group level may exercise bumping rights into another group level in which they have had experience in Barnstable.
E. Dismissal of Paraprofessional staff within a level due to reduction in force will be based on length of continuous service in Barnstable provided there is no significant difference in quality of performance. Thereafter, the Superintendent or their designee shall consider both performance and seniority. In the absence of a significant difference in performance during the past three (3) years, as determined by the Superintendent or their designee, seniority shall be the determining factor. The question as to whether there is a significant difference in performance may be grieved up to and including level 3 of the grievance procedure and shall not be subject to arbitration.
F. Dismissals due to reduction in force will be proceeded by notice prior to June 15 or sooner, if possible.
G. In the event of a Reduction in Force, Paraprofessionals with two (2) or more years of continuous service as Paraprofessionals for the Barnstable Public Schools who desire to retain recall rights for previously held positions within those Contractsup to one (1) year may do so. City Such period shall be treated as an involuntary leave of ▇▇▇▇▇▇▇▇▇ absence without pay. During such period Paraprofessionals may elect to continue insurance coverage by paying the full premium to the Finance Director on a timely basis. At the time of the notification of Reduction in Force, if two (2) or more employees working outside in a group are laid off at one time, the Committee shall state the relative ranking for purposes of these Contracts have no seniority rights to return to a previously held position within these Contractsrecall. Recall shall be in reverse order of layoff.
Section 1: A Reduction In H. For Reductions in Force may to take place upon approval effect prior to the next school year, absent special circumstances, the Superintendent shall notify employees to be laid off no more than thirty (30) days after the legalization of the City Council and is defined as any involuntary separation wherein management eliminates budget or by the last day of the school year, whichever occurs later. For Reductions in Force to take effect during the school year, the Committee shall notify employees to be laid off a position.
(a) The CITY may eliminate any position.
(b) Notice minimum of at least thirty (30) calendar days prior to the effective date of the layoff.
I. Upon request of the Association, a list of those on layoff with recall rights by group level will be provided. If a vacancy arises between September 1 and the last day of school for students, the Association shall notify all employees on layoff in the affected group of said vacancy so that they may indicate an interest in being recalled to work. Failure to notify the Superintendent or their designee, of such an interest within seven (7) calendar days after the vacancy is posted on the Association bulletin board will result in a loss of all recall rights. If a vacancy arises between the close of school and August 31, the Association will be notified, and shall notify all employees on layoff in the affected group of said vacancy as set forth above. A Paraprofessional shall have fourteen (14) calendar days to notify the Superintendent or their designee, after notification is given to employees whose positions are reduced through the Association. Failure to respond within said fourteen (14) calendar days will result in a Reduction In Force. In lieu loss of notice, recall rights.
J. Upon written request an equivalent amount of salary, based on the employee’s regular work schedule, updated seniority list will be paid furnished to the employeeAssociation. The employer shall publish the seniority list to bargaining unit members annually by October 31. Any errors shall be brought to the attention of the Superintendent, in writing, by November 30. As of that date, no further revision will be made to the seniority list until the following year. The seniority list shall be by order of length of service as defined in section D of this article.
Section 2: When K. Seniority shall not accumulate during a position is reduced and/or a Reduction In Force takes placeleave of absence with or without pay, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced but such leave of absence shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodnot interrupt continuous service as defined above.
L. This article applies only to permanent Paraprofessionals. The Superintendent or their designee retains the right in their discretion to dismiss temporary Paraprofessionals provided a written notice of five (b5) Regular employees whose positions are reduced shall be permitted working days is given to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITYParaprofessionals so dismissed.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and 4.01 A reduction in force rights for previously held the number of bargaining unit positions within those Contracts. City may be necessary because of ▇▇▇▇▇▇▇▇▇ employees working outside decrease in student enrollment, lack of these Contracts have no seniority rights to return to a previously held position within these Contractswork or financial conditions.
Section 14.02 Reduction in force does not include: A voluntary retirement(s), resignation(s), or leave(s) of absence: employees who were employed to fill a temporary vacancy; or other means, such as non-renewal of contract, whereby positions are vacated. Instead, Reduction in Force occurs when attrition will not eliminate enough persons or positions. In Force may take place upon approval such cases, the Superintendent will include the levels and areas that might possibly be affected.
4.03 Ten (10) calendar days before the Board acts on a reduction in force, the Association President will be notified in writing by the school Administration.
4.04 The Board will suspend the contract of any employee affected by the City Council and reduction in force.
A. Individuals shall be released from the job classifications announced by the Superintendent according to seniority in that job classification.
B. Classification seniority is defined as any involuntary separation wherein management eliminates an employee's length of last continuous service in the specific job while a positionbargaining unit employee. The following are the job classifications:
1. Custodians
2. Custodian/Maintenance
3. Bus Driver
4. Bus Mechanic
5. Cafeteria workers
6. Instructional Assistants
7. Secretaries In instances of both identical initial service dates in the District and identical date of employment by approval at the Board meeting a coin flip will be utilized to determine seniority unless otherwise mutually agreed. The coin flip will occur in the presence of the Association President, Superintendent and the affected employees.
(a) The CITY may eliminate C. A seniority list by job classification provided by the Board shall be submitted to the Association for their review by January 15th. Any correction that needs to be made to the seniority list must be provided in writing to the Superintendent on or before February 1 of each year. Failure to object or request modification of the seniority list by February 1 shall result in the waiver of any positionerror, objection or challenge to the seniority list until the publishing of the next seniority list in the following year.
(b) Notice D. The order of at least thirty (30) calendar days will be given reduction according to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the job classification that is to be reduced seniority shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixfollows:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 18.1 Layoffs shall not occur because of the sub-contracting of bargaining unit work. The Board shall not use managerial, temporary, casual, seasonal and/or substitute employees for the purpose of reducing the bargaining unit and/or the unit employees scheduled hours and/or wages.
18.2 If it becomes necessary to reduce the number of employees in any job classification due to lack of funds, lack of work or job abolishment, such reductions shall be limited, as much as practical, by attrition. For the purpose of Reduction In in Force, the classifications involved shall be head cooks, cooks, cafeteria worker/cashier, bus drivers, mechanics, custodians, maintenance/custodian, secretaries, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractseducational aides.
Section 1: A Reduction 18.3 In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to classification provisional employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would shall be laid off first, followed by probationary employees. Employees that are serving All layoffs shall begin with the twelve (12) month probationary status within least senior employee and continue in reverse order of seniority.
18.4 In any classification regular employees shall laid off last beginning with the classification that least senior employee and continuing in reverse order of seniority.
18.5 In cases where more than one employee has identical seniority dates, system seniority shall determine the order of layoff. Where system seniority is also identical, evaluation by the Superintendent in consultation with the immediate supervisor shall determine the order of layoff.
18.6 Twenty days prior to be reduced the effective date of any layoff the Board shall prepare a list of names, classifications, and seniority dates of any employees to be laid off next. Should a probationary and shall post and list in all school buildings and the bus garage.
18.7 Each employee who will be laid off shall be given twenty days advance written notice, which shall include the following:
A. Reason for the layoff.
B. Effective date of the layoff.
C. A statement advising the employee of reinstatement rights.
18.8 The layoff list for each classification shall be sent to the President of the OAPSE Local.
18.9 Any employee who is laid off under the above provisions shall maintain recall rights for a period of time longer than they worked for two (2) years from the City and are subsequently rehireddate of the layoff. Employees shall be recalled in reverse order of layoff, they will with the most senior employee recalled first. Notice of recall to any vacancy shall be required sent to serve a full 12 month probationary periodan employee by the Board by certified mail. If rehired before that timeframe, they will A laid off employee shall have ten (10) work days from the date of receipt of such notice to accept or reject the recall. Any employee who declines recall shall be given previous credit towards removed from the completion of their probationary periodlist. A recalled employee shall be credited with all previously accumulated seniority.
(b) Regular 18.10 An employee scheduled for layoff in one classification, who holds previous seniority in another classification, shall have the right to bump the least senior employee in the former classification providing he/she has greater seniority in that classification than the current least senior employee. The employee may not displace employees whose positions are reduced in a classification if the employee does not meet the minimum qualifications. The employee who elects to bump shall be permitted retain all rights to exercise their CITY seniority recall to move laterally or downward to a the position for in which they previously held within the CITYlayoff occurred.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceThe following procedures will govern the reduction of classified staff made necessary through financial reasons, decreased enrollment of pupils, abolishment of positions, and return to duty of regular employees after leave of absence or suspension of schools or territorial changes affecting the manner District.
1. Prior to any anticipated reduction, the superintendent shall advise the Union as to why the reduction is deemed necessary, what departments or class within a department are to be affected, the extent of the anticipated reduction and will provide the Union, at that time, with a list of all employees in which each affected department or class within a department indicating the seniority of each employee so listed.
2. Any reduction in staff will first be accomplished through attrition or by suspending the contracts of employees on eighteen (18) month probationary contracts employed in the affected department or class within a department, insofar as it is executedpossible to do so. The employment of replacements for some positions may be necessary, applies however, in the event that employees in the system do not possess the necessary licenses and/or qualifications for a position that needs to all Teamster represented positions onlybe filled.
3. EmployeesIn the event further reduction in staff is considered necessary by the Board of Education, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools, who shall, within each department or class within a department affected, give preference to employees on continuing contracts and to employees who have worked greater seniority as defined in any Article III, Section H of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and this agreement. A reduction in force rights will be identified by job department or class within a department and by building. The employee displaced by a reduction in force shall be assigned to a position held by the least senior employee in that department or class within a department of equal hours or the closest number of hours that do not exceed the hours of the position that was reduced. This same procedure will apply to each subsequent displaced employee. When all of the assignments are complete or if an employee declines an assignment, the last employee displaced will be the subject of the reduction and will be placed on the restoration list. An employee may decline an assignment to a position of lesser hours and choose to be placed on the restoration list for previously held positions within those Contractsa position of equal hours. City An employee who declines a position of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority equal hours will give up all rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based placed on the employee’s regular work schedule, will restoration list. Employees with job department or class within a department seniority in more than one job department or class within a department may displace the least senior employee to be paid laid off. The employee to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstmay only bump an employee in their previous department who works the same or less hours worked by the employee when the employee worked in the previous department. Employees that are serving do not have an expectation of returning to their exact same position or hours when moving back to a previous job department.
4. Reductions or layoffs shall be on the twelve (12) month probationary status basis of job department and classes within a department. In the classification that is event of a reduction or layoff, an employee in a higher class within a department shall first have the option to bump an employee with less seniority in his/her respective department or employment
5. Job department and classes within department will be identified as follows:
a. Education Aide • Class I – Up to but not including 3 hours • Class II – Greater than 3 hours and up to 6 hours • Class III – Greater than 6 hours
b. Office Personnel • Class I – General Clerical not exceeding 4 hours • Class II – General Clerical greater than 4, less than 8 hours • Class III – General Clerical 8 hours • Class IV – Secretary 10 months • Class V – Secretary 12 months
c. Kitchen Helper • Class I – Up to but not exceeding 2 hours • Class II – Greater than 2 hours but less than 5 hours • Class III – 5 or more hours • Class IV – Assistant Kitchen Manager • Class V – Kitchen Manager • Class VI – High School Kitchen Manager
d. Custodian • Class I – Up to be reduced shall not exceeding 3 hours • Class II – Greater than 3 but less than 8 hours • Class III – 8 hours • Class IV – Head Custodian
e. Maintenance • Class I – Unskilled Labor • Class II – Semi-skilled • Class III – Skilled • Class IV – Assistant to Engineer
f. Courier – Not to exceed one and one-half (1 ½) hour day and to be laid off nextsubstantiated by time slips, plus mileage. Should a probationary Position may be filled by current employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodsix (6) or less hours who can work courier time.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixg. LRC Aide
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and a. If the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of District determines the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and need for a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice its workforce, notice of at least thirty (30) calendar days will shall be given provided to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstand to the chapter president. Employees that are serving The District may ask for volunteers as soon as the twelve (12) month probationary status within notice has been given to the classification that is to be reduced Association but will not impede the layoff process. No regular employees shall be laid off nextwithin a job classification as hereafter set out until, in this order, all temporary employees, rehired retirees, or probationary employees within a classification have been released. Should Employees within a probationary employee job classification as hereafter set out shall be laid off in the inverse order in which they were hired by the District.
b. An employee who has total length of continuous service with the District which is greater than that of employees (i) in an equal or lower job classification within the categories as hereinafter set out or, (ii) then in a job classification in which the employee has had prior work experience with the District, and for a period which the employee is qualified at the time of layoff, may bump the least senior employee provided employee performance in the prior position was satisfactory up to and including the time longer than they worked for of transfer. A bumped employee may in turn bump an employee with the City least seniority in the same classification and are subsequently rehiredif there is no less senior employee, they such bumped employee may bump out of classification on the same terms as described in the foregoing sentence. No employee will be required to serve bump another employee. Employees shall have three (3) working days from the date of district notice of layoff to make a full 12 decision regarding their right to bump another employee. An employee who bumps out of classification shall be compensated at the range for the classification into which the employee has bumped at the same step occupied prior to bumping, or at the highest step the employee had previously worked at within the classification into which the employee bumped, whichever is greater. Any employee who bumps out of classification must bump the employee with the least seniority. Employees may not bump into positions with higher FTE or wage than current position.
c. Laid off employees who have recall status may apply for posted vacancies in the District outside their classification. If hired for another position the employee is not eligible for recall in, the employee will not forfeit their recall rights if the position is a lesser hour position and/or in a lower classification. The employee’s accumulated leaves, insurance benefit (if eligible under the new position), and vacation accrual will be restored upon the employee’s return to work at the same amount at the time of layoff. The District will not issue or post vacancy notices for classifications that were reduced until the recall list has expired or no laid off employee remains on the recall list.
d. When forces again increase, the employees within job classification categories shall be returned in the inverse order in which they were laid off. In such cases, seniority shall be used to determine the order of layoff and return to work consistent with the employee’s qualification and ability to perform the job to which the employee’s seniority entitled the employee. No new employee will be hired into classifications from which employees are laid off and remain qualified to perform on the recall list. Notice of recall shall be sent to eligible employees via certified return receipt mail. Failure to timely respond to recall, the maximum being five (5) working days from the date of receipt of the first delivery attempt notification, or five (5) working days after the delivery of the item, whichever comes soonest, shall be considered as immediate voluntary termination. It is the responsibility of the employee to ensure the District has the proper address to send the notice of recall and a phone number to communicate information. Any notice of recall returned to the District office undeliverable will be considered as a voluntary termination. Employees who accept a notice of recall shall have up to two (2) weeks from the day the employee accepts the position in the notice of recall to return to work but may volunteer to return prior to designated return date with district approval.
e. Recall status will automatically terminate twenty-four (24) months from the date of layoff. Employees will not forfeit their rights to recall should an employee accept a lesser hour position and/or a job in a lower classification. They will remain on the recall list for those hours and position(s) which they had prior to the layoff until the end of their twenty-four (24) month probationary recall period. If rehired before that timeframeEmployees who refuse an offer of recall to a position other than the position the employee was laid off from or for FTE less than in the employee’s original position, they shall be considered a voluntary resignation and removed from the recall list. Employees who are laid off will be given previous credit towards consideration as substitutes and such consideration will not affect the completion of their probationary periodmember’s recall rights.
(b) Regular employees whose positions are reduced f. For purposes of the foregoing paragraph, seniority shall mean the classified employee’s total length of continuous uninterrupted service with the District.
g. Layoff rankings and priorities will not be applicable where the District must comply with maintenance of standards requirements under the law.
h. All ties in seniority shall be permitted broken by the drawing of lots. The drawing of lots shall take place within seventy-two (72) hours of the District providing the two (2) week notice to exercise their CITY seniority to move laterally or downward to the Association of a position for which they previously held within the CITYreduction in force.
(c) Regular employees who, i. Job categories for the purposes of this Article are as a result of a Reduction In Force, are placed into previously held classification may be subject follows: Category 1 Administrative Assistant Office Manager Office Assistant Secretary Category 2 Payroll Specialist II Payroll Specialist I Accountant Accounting Clerk Category 3 Multilith Operator II/Site Publications Operator I Category 4 Technical Support Specialist Multi Media Communication Specialist Category 5 Applications and Data Analyst Computer Programmer III Computer Programmer II System Analyst II/Achievement and Data Reporting Analyst System Analyst I Category 6 Infrastructure Administrator Computer Technician III Computer Technician II Computer Technician I Category 7 Campus Monitor III Campus Monitor I Category 8 Child Development Center Leader Child Development Center Assistant II Child Development Center Assistant I Category 9 Translator/Interpreter Category 10 Special Education Assistant II Educational Assistant – Computer Lab Educational Assistant/ELL Educational Assistant/ELL Success Specialist/Special Education Assistant I/Student Success Specialist Educational Support Staff/Title Support Staff Category 11 Media Center Technician Media Center Assistant High School Media Center Assistant Middle School Category 12 Family and Equity Liaison Positive Attendance Support Specialist Category 13 Speech Language Pathology Assistant Category 14 Licensed Practical Nurse Category 15 Head Custodian Custodian II Custodian I Category 16 Groundskeeper Category 17 Maintenance Specialist – Welding Category 18 Maintenance Specialist – Locksmithing/Carpentry Category 19 Maintenance Specialist – Carpentry/Cabinetry Category 20 Maintenance Specialist – Painting Category 21 Maintenance Specialist – HVAC Category 22 Maintenance Specialist – Plumbing Category 24 Warehouse Worker II Warehouse Worker I Category 25 Theatre Technician Category 26 Resource Conservation Specialist Category 27 Purchasing Coordinator Category 28 Safe Routes to a training period of up to sixSchool Coordinator Category 29 Communications Support Specialist
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. The language in this Article is intended to supersede Ohio Revised Code Section 3319.172, and to the manner in which extent permitted by law.
B. If the Board decides it is executednecessary to reduce the number of bargaining unit members in a job position category, applies to all Teamster represented positions onlythe following procedure will govern such layoff and reinstatement:
1. Employees, who have worked in any The number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A people affected by Reduction In Force may take place upon approval shall be kept to a minimum, as much as possible, by attrition.
2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of continuous service with the Board computed from the first date of uninterrupted service, except if a member has been out of the City Council bargaining unit during any period of such service, seniority shall be computed from the first date of uninterrupted service with the District by accumulating only time spent in the bargaining unit. If two or more bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by;
a. The date of the Board meeting at which the bargaining unit member was hired; and is defined as any involuntary separation wherein management eliminates then by
b. Selecting a positionnumber from a container with each number representing a different employee. The first number selected will be the most senior and the next number selected will be the next most senior, and so forth, until all ties in seniority are broken. The selection will be made by the administration with a representative of the Association present. Authorized leaves of absences do not constitute an interruption in continuous service.
3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (a30) The CITY may eliminate calendar days after the seniority list is provided, any objection to the list must be presented. All part-time employees will be placed on the seniority list based on their original date of hire into a Bargaining Unit position. If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority dates, as published.
(b) Notice 4. The Board shall determine in which job position category the layoff should occur and the number of bargaining unit members to be laid off. Except for a RIF involving a return from a leave of absence, the Board will give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, after Board action, each member to be laid off shall be given thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forceadvance written notice stating the effective date of the intended layoff. In The Board may pay an employee in lieu of notice.
5. Bargaining unit members who are subject to lay-off, an equivalent amount of salarymay displace the least senior member in another job position category, based on providing the following conditions are met:
a. The job position category must be a lower paying job position category in the job family (i.e., a maintenance employee could bump a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is displacing that employee’s regular work schedule, will ; or
b. The job position category must be paid to a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee.
Section 2: When c. The bargaining unit member must be willing to accept the pay scale of the job position category.
6. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff. If the employee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the level of time the employee was working before the layoff.
7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the affected job position category.
8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the layoff list before the next person on the list may be considered. Members shall have ten (10) calendar days from the date of mailing to respond. Notification of acceptance or refusal should be presented to the Superintendent, in writing; however, failure to respond at all shall be considered refusal of the position. It is the responsibility of the involved member to advise the Board of an address where he/she can be reached. Any member who declines reinstatement shall be removed from the reinstatement list, and the Board shall have no further obligation to the member. However, a refusal of an offer to return to work to a position is of reduced and/or a Reduction In Force takes place, time from the following procedure will apply:
(a) All temporary and regular part-time would be position which the member was laid off firstwill not result in removal from the reinstatement list. Employees that are serving Notice of the twelve (12) month probationary status within the classification that is to be reduced vacancy or reinstatement shall be laid off nextby certified mail.
9. Should a probationary employee be laid off The bargaining unit member's name shall remain on the appropriate reinstatement list for a period of time longer than they worked for two (2) years from the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodeffective date of layoff. If rehired before that timeframereinstated from layoff during this period, they will be given such member shall retain all previous credit towards the completion of their probationary periodaccumulated seniority and all rights related to salary and fringe benefits. Time spent on layoff shall not count as experience for seniority or salary purposes.
(b) Regular employees whose positions are reduced C. All Bargaining unit members laid off shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period the provisions of up to sixthe Consolidated Omnibus Budget Reconciliation Act of 1986.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In ForceIf the Board determines it necessary to reduce the number of bargaining unit positions under ORC 3319.17 or for financial reasons, and the manner in which it is executed, applies to all Teamster represented positions onlyfollowing procedures shall apply:
▇. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ to proceeding with an anticipated staff reduction, the Association President shall be notified by the Superintendent of the Board's intent to consider a staff reduction not less than four (4) months prior to the date the Superintendent is recommending a reduction to the Board of Education for action. A meeting shall be held between the President of the Association and the Superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Within ten (10) days of the meeting, the Superintendent shall provide the Association with a RIF list of potentially affected positions/employees working outside which shall be based on certificate/license, OTES 2.0 final summative rating, and seniority.
B. Reductions shall be made by suspending contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows:
1. Position(s) vacated as a result of these Contracts voluntary resignation, retirement, or death will not be filled.
2. All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority.
3. Seniority will be defined as the length of continuous service as a certificated employee under regular contract in this District.
a. Board approved leaves of absence will not interrupt seniority, but time spent on such a leave shall not count toward seniority.
b. If two (2) or more teachers have no the same length of continuous service, seniority rights to return will be determined by: - the date of the Board meeting at which the teacher was hired, and then by - the date the teacher signed his/her initial employment contract in the District, and then; - any remaining ties will be broken by lot.
4. Recommended reductions in a teaching field will be made by selecting the lowest person on the seniority list for that area of certification who is currently assigned to a previously held position within these Contractsin that teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification. Any such election must be made at the time the teacher is notified he/she will be affected.
Section 1: A Reduction In Force may take place upon approval of the City Council and 5. An employee whose contract is defined as any involuntary separation wherein management eliminates to be suspended due to a position.
(a) The CITY may eliminate any position.
(b) Notice of at least RIF shall be given thirty (30) days’ advance written notification prior to the implementation of the RIF. The Association shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the date of the Employer’s action to implement the RIF.
C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for up to eighteen (18) months from the date of the contract suspension. Teachers on the recall list will have the following rights:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the vacancy.
2. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated.
3. If a vacancy occurs, the Board will send a certified announcement to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the District office within seven (7) calendar days days. The most senior of those responding will be given the vacant position. Any teacher who fails to employees whose positions are reduced through a Reduction In Forcerespond within seven (7) calendar days, or who declines to accept the position, will forfeit all recall rights.
4. In lieu of notice, an equivalent amount of salary, based A teacher on the employee’s regular work schedulerecall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff.
5. Every possible effort will be paid made to recall all properly certificated employees as positions become available within eighteen (18) months.
6. Recognition of additional certification, license, or entry-level requirements earned or reported while on layoff status for recall purposes, provided such information is filed with the Employer prior to recall.
7. The right to priority status on the substitute list, upon request. Names from such requests will then be communicated to the employeeBoard staffing service.
Section 2: When a position is reduced and/or a Reduction In Force takes placeD. The parties agree that these procedures apply only to the suspension of contracts under 3319.17 or for financial reasons. This Article shall not require the Board of Education to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodDistrict.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of event the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions of permanent employees is necessary, the determination of whether and when it becomes necessary to lay off any employees will be determined solely by the Town. The determination of what classifications will be subject to layoff, and what functions will be reduced or terminated, will be determined solely by the Town. The number of persons to be laid off within those Contractsclassification and functions will be determined solely by the Town. City Within the classifications that the Town determines will have layoffs, the Town will lay off employees subject to length of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights service, qualifications and special requirements according to return to a previously held position within these Contractsthe policy and procedures described in this Article.
Section 1: A Reduction A. In Force may take place upon approval the event of a layoff within a classification, the junior employee, subject to qualification and any specialized requirements for his or her position, will be laid off first.
B. Any laid off permanent employee will be offered an opportunity to bump into a lower classification in the same category, providing that the following criteria are satisfied The employee must be longer in length of service in Town of Westborough than the least senior individual in the classification he or she seeks to bump into. In addition, the bumping employee must meet the qualifications for the classification and the specialized requirements of the City Council classification, if any.
C. The Town agrees to provide an employee who is to be laid off fourteen (14) days written notice of the date his or her layoff is to be implemented.
(1) The Town agrees to create a twenty four (24) month recall list for employees who are laid off. Any employee who is laid off will be placed on the list by classification in the order of his or her length of service.
(2) The employee’s name will be on the list for twenty four (24) months from the date he or she officially leaves the payroll.
(3) If, after the layoff, the Town fills any permanent position in the Town within the classification for which a recall list exists, the Town agrees that before it hires new employees for a permanent position, it will offer to recall an employee on the list, subject to length of service, qualification and is defined as any involuntary separation wherein management eliminates a specialized requirements for the position.
(a4) The CITY may eliminate any positionAfter twenty-four (24) months on the recall list, or after refusing a recall in the same classification, a laid off employee’s name will be removed automatically from the list.
(b5) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be The laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards keep the completion Town advised of their probationary periodhis/her current address; and the Town can rely on the latest address listed in its records.
(b) Regular D. The determination of the necessity of layoffs, the selection of the classifications and the number of employees whose positions are reduced shall within those classifications to be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held laid off, the filling of vacancies, and the reassignment of employees within the CITY.
(c) Regular employees who, classification as a result of a Reduction In Force, reductions in force are placed into previously held classification may be essential elements of Town management and as such are non-grievable and are not subject to arbitration. However, the procedural requirements for laying off and recalling permanent employees are grievable and subject to arbitration.
E. The requirement for permanent status will not be abridged by the provisions of this Article.
F. An employee who is scheduled to be laid off, but exercises his or her right to bump into a training period lower classification will be placed on the recall list for the purposes of up his or her original position only, on the same basis as a laid off employee.
G. An employee laid off from a higher classification will be placed on the recall list for the purposes of his or her original position only, in the same category, subject to sixlength of service, qualifications and the specialized requirements of the position. Failure to accept the recall to a lower classification will not constitute a waiver of the employee’s recall rights.
H. For purposes of this Article, the following are the categories of employment:
(1) all bargaining unit clerical employees in the Town Hall, DPW, Forbes Building and Senior Center;
(2) library personnel, excluding professionals;
(3) professional librarians; and
(4) custodial employees.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceThe following procedures will govern the reduction of classified staff made necessary through financial reasons, decreased enrollment of pupils, abolishment of positions, and return to duty of regular employees after leave of absence or suspension of schools or territorial changes affecting the manner district.
1. Prior to any anticipated reduction, the superintendent shall advise the Union as to why the reduction is deemed necessary, what departments or class within a department are to be affected, the extent of the anticipated reduction and will provide the Union, at that time, with a list of all employees in which each affected department or class within a department indicating the seniority of each employee so listed.
2. Any reduction in staff will first be accomplished through attrition or by suspending the contracts of employees on eighteen (18) month probationary contracts employed in the affected department or class within a department, insofar as it is executedpossible to do so. The employment of replacements for some positions may be necessary, applies however, in the event that employees in the system do not possess the necessary licenses and/or qualifications for a position that needs to all Teamster represented positions onlybe filled.
3. EmployeesIn the event further reduction in staff is considered necessary by the Board of Education, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools, who shall, within each department or class within a department affected, give preference to employees on continuing contracts and to employees who have worked greater seniority as defined in any Article III, Section H of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and this agreement. A reduction in force rights will be identified by job department or class within a department and by building. The employee displaced by a reduction in force shall be assigned to a position held by the least senior employee in that department or class within a department of equal hours or the closest number of hours that do not exceed the hours of the position that was reduced. This same procedure will apply to each subsequent displaced employee. When all of the assignments are complete or if an employee declines an assignment, the last employee displaced will be the subject of the reduction and will be placed on the restoration list. An employee may decline an assignment to a position of lesser hours and choose to be placed on the restoration list for previously held positions within those Contractsa position of equal hours. City An employee who declines a position of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority equal hours will give up all rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based placed on the employee’s regular work schedule, will restoration list. Employees with job department or class within a department seniority in more than one job department or class within a department may displace the least senior employee to be paid laid off. The employee to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstmay only bump an employee in their previous department who works the same or less hours worked by the employee when the employee worked in the previous department. Employees that are serving do not have an expectation of returning to their exact same position or hours when moving back to a previous job department.
4. Reductions or layoffs shall be on the twelve (12) month probationary status basis of job department and classes within a department. In the classification that is event of a reduction or layoff, an employee in a higher class within a department shall first have the option to bump an employee with less seniority in his/her respective department or employment
5. Job department and classes within department will be identified as follows:
a. Education Aide • Class I – Up to but not including 3 hours • Class II – Greater than 3 hours and up to 6 hours • Class III – Greater than 6 hours
b. Office Personnel • Class I – General Clerical not exceeding 4 hours • Class II – General Clerical greater than 4, less than 8 hours • Class III – General Clerical 8 hours • Class IV – Secretary 10 months • Class V – Secretary 12 months
c. Kitchen Helper • Class I – Up to but not exceeding 2 hours • Class II – Greater than 2 hours but less than 5 hours • Class III – 5 or more hours • Class IV – Assistant Kitchen Manager • Class V – Kitchen Manager • Class VI – High School Kitchen Manager
d. Custodian • Class I – Up to be reduced shall not exceeding 3 hours • Class II – Greater than 3 but less than 8 hours • Class III – 8 hours • Class IV – Head Custodian
e. Maintenance • Class I – Unskilled Labor • Class II – Semi-skilled • Class III – Skilled • Class IV – Assistant to Engineer
f. Courier – Not to exceed one and one-half (1 ½) hour day and to be laid off nextsubstantiated by time slips, plus mileage. Should a probationary Position may be filled by current employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodsix (6) or less hours who can work courier time.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixg. LRC Aide
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and 9.01 A reduction in force rights for previously held shall be defined as a reduction in the number of district-wide budgeted positions within in one or more teaching areas (i.e. Math, Guidance, Early Childhood, Elementary Education, Specific Learning Disabilities, Physical Education, Art) which would result in one or more EMPLOYEES being terminated involuntarily.
9.02 In the event that the SUPERINTENDENT determines that a reduction in work force (RIF) is necessary, written notice shall be given to the ASSOCIATION of the positions by teaching areas and the names and school assignments of those Contractsindividuals to be released. City Unless emergency conditions exist, such notice shall be provided not less than five (5) days prior to the BOARD taking action on the recommendation of ▇▇the SUPERINTENDENT.
9.03 If a reduction in force is needed, the Superintendent will retain EMPLOYEES at a school or in the school district based upon educational program needs and the performance evaluations of EMPLOYEES. In this subsection, ―performance evaluation score‖ refers to the average of the three most recent consecutive final evaluation scores (or fewer if three consecutive evaluation are not available) received in the ▇▇▇▇▇▇▇ employees working outside Teacher Assessment Model (CTEM). Within the program areas requiring reduction, EMPLOYEES with no recorded CTEM performance evaluation would be the first to be released. If reductions are still necessary, the EMPLOYEE with the lowest average evaluation score will be the next to be released; the EMPLOYEE with the next lowest average evaluation score will be the next to be released; and the reductions shall continue in a like manner until the needed number of these Contracts have no seniority rights to return to a previously held position within these Contractsreductions has occurred.
Section 19.04 Recall: A Reduction In Force may take place upon approval The following procedures shall be followed:
a. The BOARD and the SUPERINTENDENT shall determine the teaching areas in which recall will be made and the number of the City Council and is defined as any involuntary separation wherein management eliminates a positionEMPLOYEES to be recalled.
(a) The CITY may eliminate any positionb. Recall will be implemented using the criteria for reduction in force except in reverse order. Recall notice shall be made by certified letter to the EMPLOYEE's last known address.
(b) Notice c. No new EMPLOYEES shall be hired in a released EMPLOYEE's teaching area until all certified and fully qualified released EMPLOYEES of at least thirty (30) calendar days will be given that teaching area with a performance evaluation of Highly Effective, Effective, or Developing have been recalled or have declined or failed to employees whose positions are reduced through a Reduction In Forceaccept recall within one week of that mailing date. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid Failure to respond to the employeeletter of recall within the time required automatically terminates the EMPLOYEE's rights of recall.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced d. EMPLOYEES shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of lose their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixtheir:
1. Termination
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and If the manner in which Board determines it is executed, applies necessary to all Teamster represented reduce the number of teaching positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights under ORC Section 3319.17 or for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placefinancial reasons, the following procedure will procedures shall apply:
(a) All temporary and regular part-time would A. Reductions shall be laid off firstmade by suspending contracts based upon the Superintendent’s recommendation who shall, within each teaching field affected, give preference to teachers on continuing contracts. Employees that are serving the twelve (12) month probationary status within the classification that is The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Those contracts to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they suspended will be required to serve a full 12 month probationary periodchosen as follows:
1. If rehired before that timeframe, they All unit members will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY placed on a seniority to move laterally or downward to a position list for each teaching field for which they previously held are properly certificated. Unit members serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Unit members serving under limited contracts will be placed on the list under continuing contract unit members, also in descending order of seniority. Unit members will be deemed to have comparable evaluations for the purpose of RIF with those unit members who have the same rating on the performance portion of the evaluation. In the event of a reduction, a unit member who has received a performance rating of Skilled and wishes to appeal the rating may do so by requesting an appeal in writing to the Superintendent. Such appeal shall be heard by the Superintendent/designee within three (3) calendar days. The Superintendent/designee shall review all evidence presented and consider it with the CITYrubric. Within one (1) school day, the Superintendent/designee will announce that he/she has either upheld the performance rating of Skilled or has deemed the rating Accomplished. The decision of the Superintendent/designee shall be final and binding. The rating shall remain in place for the unit member until such time as the next full-cycle summative evaluation rating has been recorded.
(c) Regular employees who, 2. Seniority will be defined as the length of continuous service as a result certificated employee under regular contract in this District.
a. Board approved leave of a Reduction In Forceabsence will not interrupt seniority, are placed into previously held classification may but time spent on such leave shall not count toward seniority.
b. If two or more unit members have the same length of continuous service, seniority will be subject to a training period determined by: • the date of up to sixthe Board meeting at which the unit member was hired, and then by; • the date the unit member signed his/her initial employment contract in the District, and then by; • the initial date of the personal interview.
3. The order of reduction in each certification/licensure area shall be as follows:
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In Force1. The seniority of unit members within the overall classification of Teaching Assistant shall be the determining factor.
2. Throughout this Agreement seniority shall be defined as the length of continuous service in the bargaining unit in the North Andover School District, and measured from the manner first day of employment.
3. Periods of service interrupted by resignation, retirement, termination or a leave not authorized in writing by the District shall not be added together to determine seniority. When such a break in service occurs, seniority shall be calculated or measured beginning with the most recent date of re-employment.
4. A period of voluntary or involuntary unpaid leave of absence which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of has been approved by the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and Committee or a layoff caused by reduction in force rights for previously held positions within those Contracts. City or a leave which is a medical leave of ▇▇▇▇▇▇▇▇▇ employees working outside absence that would qualify under the terms of these Contracts have no MGL Chapter 32B section 7 shall not constitute a break in service, but the length of such leave shall not be credited in calculating or measuring seniority rights to return to a previously held position within these Contractsbenefits.
Section 1: 5. A Reduction In Force may take place upon approval seniority list will be published by the Superintendent through the Director of Human Resources each year on the first school day in October. It will be disseminated via e-mail to the Chair/Co-Chairs of this unit with a copy to the President or Co-Presidents of the City Council North Andover Teachers’ Association. The Chair/Co-Chairs of this unit will disseminate it to the members of this bargaining unit. The official date of the release of the seniority list shall be consistent with the date it is released via email to the Chair/Co-Chairs of this unit. Questions or objections to the seniority list must be filed, in writing, no later than November 1st with the unit Chair/Co-Chairs of this unit. If no questions or objections are filed, the aforesaid listing will be deemed final and is defined as any involuntary separation wherein management eliminates a position.
(abinding and there will be no additional challenges to that list. In the event there are questions or objections raised in writing to the Chair/Co-Chairs of this unit, these will be jointly examined with the Director of Human Resources and the Superintendent or designee. If resolution of the issue(s) The CITY may eliminate any position.
(b) Notice of at least raised fails to occur within thirty (30) calendar days will following the close of the period in which questions/objections can be given raised, the unsettled questions/objections may be submitted by the Association to employees whose positions are reduced through a Reduction In Force. In lieu arbitration at the Department of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employeeLabor Relations for final and binding resolution thereof.
Section 2: When a position is reduced and/or a Reduction In Force takes place, 6. Recall shall occur in the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off nextreverse order of layoff. Should a probationary employee be vacancy occur within the bargaining unit and there is a unit member who is on the recall list, the laid off unit member shall be given the first opportunity to fill the vacancy. If the vacant position requires the delivery of behavioral services, then only those unit members who have completed the in-district behavioral services training will be offered the vacancy in the order of seniority. If a unit member declines the offer of recall, or is not offered the position, they shall be skipped on the list and the position shall be offered to the next unit member on the recall list. If a unit member declines the offer of recall for a period third time, then will fall to the bottom of time longer than the list. If no unit member accepts the recall or if there is no one on the recall list, the position may be posted as a vacancy.
7. A unit member on the recall list shall remain on the list for two (2) years from the effective date of the layoff. A unit member shall retain all seniority, sick leave, personal leave, longevity, and salary level they worked for earned prior to layoff if recalled within two (2) years. Said member shall not receive any accrued seniority, sick leave, personal leave, longevity, or a salary level increase while on the City and are subsequently rehired, they recall list.
8. Any laid off unit member having recall rights will be required contacted by both phone and email. During the school year an employee must contact Human Resources within three (3) school days to serve a full 12 month probationary period. If rehired before that timeframereceive the offer, they will be given previous credit towards and must accept or refuse the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held offer within the CITY.
following three (c3) Regular employees whoschool days. During the summer break an employee must contact Human Resources within five (5) calendar days to receive the offer, as a result and must accept or refuse the offer within three (3) calendar days. It is the responsibility of a Reduction In Force, are placed into previously held classification may be subject the unit member to a training period of ensure their contact information is kept up to sixdate in the employee self-service portal Employee Self Service (ESS) Login
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. A reasonable reduction in bargaining unit members may be made in the event that a reduction becomes necessary as a result of a substantially decreased enrollment of pupils, elimination of subjects or classes, return to duty of regular teachers after leaves of absence, budgetary restrictions, or by reason of suspension of schools or territorial changes affecting the District.
B. The number of persons affected by a reduction-in-force shall be kept to a minimum by not employing replacements for bargaining unit members who die, retire, resign or whose limited contracts are not renewed for performance reasons.
C. To the extent that reductions are not achieved through Section B above, reductions-in- force shall occur through the suspension of contracts.
D. A seniority list of all bargaining unit members in each area of their certification shall be developed annually by the administration according to the seniority provisions set forth in Article XXVII. The Association President shall receive a copy of the list(s) by January 15 of each year.
1. Bargaining unit members volunteering to have their contracts suspended shall be the first to have them suspended.
2. Bargaining unit members holding temporary licenses in the lowest evaluation category shall be the next to have their contracts suspended by seniority, if the evaluation rating is Comparable. If further reductions are necessary, then the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall recommend reductions in a bargaining unit position by selecting the lowest person on the seniority list in that area of certification and in the lowest evaluation category. A bargaining unit member so affected may elect to displace another bargaining unit member who holds the lowest position on the seniority list in another area of certification provided he/she holds a valid license in the area and is in the comparable evaluation rating category.
E. If a part-time bargaining unit member is to be laid off, the following provisions shall govern:
1. The bargaining unit member shall have been informed prior to the issuance of his/her contract that he/she may be laid off at the end of the first semester.
2. The effective date of the layoff shall be the first day of the second semester. Only part-time bargaining unit members can be laid off mid-year.
3. The bargaining unit member and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who MTA shall have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of been given written notification at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid prior to the employeeeffective date of the intended layoff. The Association at that time shall be provided a list of positions to be eliminated, a list of bargaining unit member(s) to be affected by the layoff and the reason for the layoff.
Section 2: When 4. At least twenty-five (25) calendar days prior to the date of the Board’s intended action, a position meeting shall be held between representatives of the Board and the Association to review appropriate data and discuss the layoff.
5. If a dispute occurs with regard to the justification for the layoff and/or the bargaining unit members to be laid off, the matter(s) shall be submitted to expedited arbitration in accordance with the procedures established by the American Arbitration Association.
6. All other provisions of Sections G through O below shall apply.
F. If a full-time bargaining unit member is reduced and/or a Reduction In Force takes placeto be laid off, the following procedure will applyprovisions shall govern:
1. The effective date of the layoff shall begin on the day after the last day of school for bargaining unit members, unless the reason is return of a regular bargaining unit member after a leave of absence.
2. The Board shall take no action on layoffs prior to May 15.
3. The bargaining unit member and the MTA shall have been given written notification at least thirty (a30) calendar days prior to the effective date of the intended layoff. The Association at that time shall be provided a list of positions to be eliminated, a list of bargaining unit member(s) to be affected by the layoff and the reason for the layoff.
4. At least twenty-five (25) calendar days prior to the date of the Board’s intended action, a meeting shall be held between the representatives of the Board and the Association to review the appropriate data and discuss the layoff.
5. All temporary other provisions of Sections G through O below shall apply.
G. Bargaining unit members whose continuing contracts are suspended shall have the right of restoration to continuing service status in reverse order of layoff, if and regular when bargaining unit positions become vacant for which any of such bargaining unit members are licensed. After restoration rights of bargaining unit members with continuing contracts, those on limited contracts shall also be restored in the above-described manner.
H. The bargaining unit member shall return to work upon being called back by the Board by certified mail, restricted delivery, for the bargaining unit member only. If the bargaining unit member fails to return to work within five (5) working days after receipt of the notice as requested, then that shall be grounds for the termination of the contract of said bargaining unit member. However, if the refusal is due to a contractual obligation to another school district, such bargaining unit member will remain on the recall list through the end of his/her recall period. The bargaining unit member shall at all times have the obligation of keeping the Board apprised of his/her present address, and the Board shall notify the bargaining unit member at the address so filed with the Board. The Board shall have no other duties in seeking to notify the bargaining unit member of his/her opportunity to return.
I. A bargaining unit member whose contract is suspended shall be placed on a recall list stating years of continuous service to the District, subject(s) and/or grade levels licensed to teach, and type of contract held at the time of suspension. A bargaining unit member may verify new areas of eligibility on the recall list by filing any new certification in the Superintendent’s Office by March 1. A bargaining unit member on the recall list shall be offered a contract for a position for which he/she is licensed as positions become available and in keeping with the seniority provisions (inverse order – last discharged, first employed). A part-time would be laid bargaining unit member does not have to accept a full-time position, and a full-time bargaining unit member does not have to accept a part-time position.
J. No transfer, reassignment, or job reclassification shall prevent the recall of any laid-off first. Employees that are serving the twelve (12) month probationary status within the classification that is bargaining unit member.
K. A bargaining unit member with a limited contract who has not been recalled to be reduced shall be laid off next. Should a probationary employee be duty after being laid off for a period of time two (2) full school years shall no longer than they worked be deemed employed by the Board and shall be removed from the recall list.
L. A bargaining unit member or the MTA may grieve only that he/she, himself-herself should not have been laid off.
M. Any award for back pay shall be reduced by any compensation, including unemployment compensation received, during the period in which the bargaining unit member was actually laid off.
N. The Board reserves the right to nonrenew the contract of any limited contract status bargaining unit member pursuant to the terms and conditions of this collective bargaining Agreement and applicable State and Federal laws.
O. A bargaining unit member who is laid off at the end of the school year shall have his/her insurance premium(s) paid for the City months of June, July, and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards August of the completion year of their probationary period.
(b) Regular employees whose positions are reduced the layoff and then shall be permitted eligible to exercise their CITY seniority have his/her insurance coverage(s) continued, provided the bargaining unit member pays according to move laterally or downward to a position for which they previously held within the CITYC.O.B.R.A. Law.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In ForceThe following process shall apply to Para-educators, Health Para-educators, and Licensed Practical Nurses:
17.1 In the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any event of the collective necessity for reducing the number of employees within this bargaining agreements between Teamsters Local 14 unit or reducing the number of hours or days to be worked, individuals with the least seniority within the job category (i.e., Para-educator, Health Para-educator, or Licensed Practical Nurses) will be laid off or reduced first, provided, however, the employee retained must possess the necessary ability, experience and qualifications to perform the CITYavailable work, retain seniority and reduction in force rights or reach a mutually acceptable plan with the appropriate administrator to acquire the necessary qualifications.
17.2 Individuals laid off, will have, from the effective day of layoff, a two (2) year right to recall for previously held positions any openings within those Contractsthis bargaining unit. City The effective date of ▇▇▇▇▇▇▇▇▇ the layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the layoff action or the first day for which the laid off employee receives unemployment compensation, whichever occurs sooner. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings for which they are qualified. Former employees working outside of these Contracts have no seniority rights to shall be given credit for all prior service with the Easthampton Schools, providing they return to work within the recall period When possible individuals who are to be laid off will be given a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) day notice prior to the effective date of the layoff.
17.3 All benefits to which an employee was entitled at the time of layoff shall be restored in full upon re-employment within the recall period.
17.4 Laid off employees may continue group health and life insurance coverage for up to eighteen (18) months by contributing 102% of the premium cost and provided the plan in force permits.
17.5 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability qualifications and experience to perform the available work.
17.6 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.7 The employee shall, within fourteen (14) calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be considered a declination on the part of the employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
17.8 Seniority as referenced in this article will be given calculated from the most recent date of hire by the Easthampton School Committee and includes all recognized leaves of absence under this Agreement. This seniority list will be issued annually no later than October 15 by the Superintendent or designee.
17.9 Should an opportunity arise to employees act, as a substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of their seniority. Payment shall be at the substitute’s rate for the particular position currently in effect. Declination of an offer to substitute shall not affect the right to recall under section 17.2 above. Seniority and other benefits (except medical benefits, if applicable) shall not accrue during the period of service as a substitute.
17.10 Paragraph 17.1 of this Article shall not apply to para-educators serving solely as one-to-one aides (Chapter 766-Special Education) whose positions are reduced through eliminated due to a Reduction modification of the Individual Education Plan or due to the departure of the student from the Easthampton Public Schools. However, the remaining provisions of this article shall apply to these individuals, with the sole exception that an individual whose position is eliminated due to the modification of an Individual Education Plan or the departure of a student shall retain priority regardless of seniority for reassignment to a position made available due to a subsequent modification of that students Individual Education Plan or that student’s return to Easthampton Public Schools. The following process shall apply to administrative assistants:
17.11 In Forcethe event of the necessity for reducing the number of employees within this bargaining unit, individuals with the least seniority within the administrative assistants job category will be laid off first, provided, however, the employee retained must possess the necessary ability, experience, and qualifications to perform the available work, or provide a plan acceptable to the Superintendent to acquire the necessary qualifications. In lieu of notice, an equivalent amount of salary, based on order to effectuate the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeLayoff, the following procedure procedures will apply:
(a1) All temporary and regular The most senior full-time employee whose position is eliminated shall bump the least senior full-time employee in the administrative assistants job category in the same or lower grade in accordance with the criteria referenced above.
2) This process shall continue in order of seniority among full-time employees.
3) Once the bumping procedure has been exhausted for fulltime employees, a full-time employee may bump the least senior part-time employee in the same or lower grade in accordance with the criteria referenced above.
4) Bumping among part-time employees shall then occur under the same procedure referenced for full-time employees.
5) Part-time employees shall not be eligible to bump full time employees.
17.12 The Employer maintains the right pursuant to this Article to reduce hours and days of employment of employees in the bargaining unit.
17.13 Individuals who are laid off will have, from the effective day of layoff, a two (2) year right to recall for any openings within this bargaining unit. The effective date of the layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the Layoff action. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings in the same or lower grade for which they are qualified. Former employees shall be given credit for all prior service with the Easthampton Schools, providing they return to work within the recall period. When possible, individuals who are to be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards a thirty (30) day notice prior to the completion effective date of their probationary the layoff.
17.14 All benefits to which an employee was entitled at the time of layoff shall be restored, in full, upon re-employment within the recall period.
17.15 Laid off employees may continue group health and life insurance coverage in accordance with federal and state laws.
17.16 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability, qualifications, and experience to perform the available work and was in the grade equal to or higher at the time of layoff.
17.17 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.18 The employee shall, within fourteen (b14) Regular employees whose positions are reduced calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be permitted to exercise their CITY seniority to move laterally or downward to considered a position for which they previously held within declination on the CITYpart of the employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
(c) Regular employees who17.19 Seniority, as referenced in this article, will be calculated from the most recent date of hire as a secretary in the bargaining unit by the Easthampton School Committee, including all recognized leaves of absence under this Agreement, unless modified by an adjusted anniversary date as defined in paragraph 26.01 of the contract.
17.20 The Superintendent or designee will issue this seniority list annually.
17.21 Should an opportunity arise to act, as a result substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of a Reduction In Force, are placed into previously held classification may their seniority. Payment shall be subject at the substitute’s rate for administrative assistants currently in effect. Declination of an offer to a training substitute shall not affect the right to recall under section 17.13 above. Seniority and other benefits shall not accrue during the period of up service as a substitute. The following process shall apply to sixcustodians:
17.22 In the event it becomes necessary to reduce the number of employees in the custodian job category, the Superintendent will effectuate such a reduction in accordance with this Article.
17.23 An employee(s) whose position is eliminated shall be offered the following options:
1. to accept a layoff; or
2. to be transferred in accordance with Section 3 of this Article. Employees laid off under either 1 or 2 above will have all the recall rights afforded under Section 17.30 of this Article.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceWhen a reduction in para-educators occurs, the following procedures and criteria will be employed in determining which members of the manner in which bargaining unit will be laid off.
A. If it is executedbecomes necessary to lay off a Unit D employee, applies nonpermanent employees will be issued non-rehire notices prior to all Teamster represented positions onlyany permanent full or part-time para-educator layoff. Employees, A para-educator will be considered nonpermanent prior to the completion of three (3) full years as a Unit D employee. Layoff of para-educators who have worked been employed in any Unit D for three (3) years or more will be determined solely by seniority. When two (2) employees have identical seniority, professional performance based upon written evaluations will be considered. Seniority for the purpose of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction this article is defined in force rights for previously held positions within those Contracts. City Article VI of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsthis Agreement.
Section 1: A Reduction B. In Force may take place upon approval of the City Council and event that a position in the unit member’s classification at another job site within the District becomes vacant due to such factors as resignation, death or retirement, a RIF’ed employee from within the District who is defined as any involuntary separation wherein management eliminates a qualified to fill the position will be given preference over other applicants seeking the position.
(a) The CITY may eliminate any position.
(b) Notice C. In instances where two bargaining unit members with equal seniority are attempting to exercise bumping rights to fill the position of a less senior employee, the appropriate administrator or building principal at least thirty (30) calendar days that work site will make the final determination as to which of the two senior employees will be retained to fill the position in question. In doing so, due consideration and weight will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, such factors as job performance and professional improvement.
D. Unit members who have been RIF’ed will be paid entitled to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the recall to vacancies in their former classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for one full year from the City and are subsequently rehired, they effective date of their layoff. Recall will be required to serve a full 12 month probationary periodin the inverse order of layoff. If rehired before that timeframe, they An employee who is recalled by the District will be given previous credit towards recalled with all benefits he/she had accumulated at the completion time of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixhis/her layoff,
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and 9.01 A reduction in force rights for previously held shall be defined as a reduction in the number of district-wide budgeted positions within in one or more teaching areas (i.e. Math, Guidance, Early Childhood, Elementary Education, Specific Learning Disabilities, Physical Education, Art) which would result in one or more EMPLOYEES being terminated involuntarily.
9.02 In the event that the SUPERINTENDENT determines that a reduction in work force (RIF) is necessary, written notice shall be given to the ASSOCIATION of the positions by teaching areas and the names and school assignments of those Contractsindividuals to be released. City Unless emergency conditions exist, such notice shall be provided not less than five (5) days prior to the BOARD taking action on the recommendation of ▇▇the SUPERINTENDENT.
9.03 If a reduction in force is needed, the Superintendent will retain EMPLOYEES at a school or in the school district based upon educational program needs and the performance evaluations of EMPLOYEES. In this subsection, “performance evaluation score” refers to the average of the three most recent consecutive final evaluation scores (or fewer if three consecutive evaluation are not available) received in the ▇▇▇▇▇▇▇ employees working outside Teacher Assessment Model (CTEM). Within the program areas requiring reduction, EMPLOYEES with no recorded CTEM performance evaluation would be the first to be released. If reductions are still necessary, the EMPLOYEE with the lowest average evaluation score will be the next to be released; the EMPLOYEE with the next lowest average evaluation score will be the next to be released; and the reductions shall continue in a like manner until the needed number of these Contracts have no seniority rights to return to a previously held position within these Contractsreductions has occurred.
Section 19.04 Recall: A Reduction In Force may take place upon approval The following procedures shall be followed:
a. The BOARD and the SUPERINTENDENT shall determine the teaching areas in which recall will be made and the number of the City Council and is defined as any involuntary separation wherein management eliminates a positionEMPLOYEES to be recalled.
(a) The CITY may eliminate any positionb. Recall will be implemented using the criteria for reduction in force except in reverse order. Recall notice shall be made by certified letter to the EMPLOYEE's last known address.
(b) Notice c. No new EMPLOYEES shall be hired in a released EMPLOYEE's teaching area until all certified and fully qualified released EMPLOYEES of at least thirty (30) calendar days will be given that teaching area with a performance evaluation of Highly Effective, Effective, or Developing have been recalled or have declined or failed to employees whose positions are reduced through a Reduction In Forceaccept recall within one week of that mailing date. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid Failure to respond to the employeeletter of recall within the time required automatically terminates the EMPLOYEE's rights of recall.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced d. EMPLOYEES shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of lose their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixtheir:
1. Termination
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and A reasonable reduction of instructional staff members may be made in the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and event that a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, becomes necessary as a result of a Reduction In Forcedecreased enrollment of pupils, return to duty of regular teachers after leaves of absence, or by reason of suspension of schools or territorial changes affecting the district, or lack of funds. When such reduction is deemed necessary, the reduction will be made in accordance with the following provisions:
1. Prior to proceeding with an anticipated staff reduction, the Association president shall be notified by the Superintendent of schools of the Board's intent to consider a staff reduction. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Also, at this meeting, the Association will be provided with a seniority list of all bargaining unit members.
2. The seniority list shall be prepared by listing all teachers according to continuous service in the district within all areas of certification/licensure. Those on continuing contract shall be listed first according to continuous service in the district; then those on limited contracts shall be listed by continuous service in the district. The list shall include the date of initial employment (continuous) for each employee. Teachers using any Board-approved leave of absence shall not lose the seniority held prior to the leave, nor shall they gain additional seniority for the time on leave, i.e., a leave of absence shall not break an employee's continuous employment. If ties occur in seniority, regarding years of service, the teacher with the earliest date of board action to employ will be considered most senior. If ties still remain, the ties will be broken by the flip of a coin if and when such becomes necessary in order to implement a staff reduction.
3. Any reduction in staff will first be accomplished through attrition insofar as it is possible to do so, i.e., the number of persons affected by a reduction in staff will be kept to a minimum by not employing replacements for employees who retire or resign or by not replacing individuals who are non-renewed. If further reductions are necessary, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. Within each teaching field affected the teacher with the lowest rating on his/her evaluation will be the teacher whose contract is suspended. If two (2) or more teachers have comparable evaluations, layoff will occur in reverse order of seniority. Any reduction in force shall proceed using the following procedures and criteria.
a. Bargaining unit members shall be placed in one (1) of four (4) groups for the purpose of a reduction in force.
i. Group One shall be comprised of all members who have not received a final summative evaluation rating in the District;
ii. Group Two shall be comprised of all members who were rated Ineffective on their evaluation using the calculation set forth below;
iii. Group Three shall be comprised of all members who were rated Developing on their evaluation using the calculation set forth below;
iv. Group Four shall be comprised of all members who were rated Skilled or Accomplished on their evaluation using the calculation set forth below.
b. Any reduction in force shall begin with members in Group One, followed by Group Two, then Group Three, and then Group Four.
c. The teacher’s final summative rating will be used to determine into previously which group the teacher is placed. Teachers shall be placed in Groups Two through Four based upon an average of the three (3) most recent summative ratings calculated as follows:
i. Ratings of Accomplished shall equal four (4) points;
ii. Ratings of Skilled shall equal three (3) points;
iii. Ratings of Developing shall equal two (2) points;
iv. Ratings of Ineffective shall equal one (1) point.
d. The sum of the teacher’s most recent three (3) years shall be added together, divided by three (3), and rounded to the nearest whole number to find the “average” rating. (If the number ends with less than 0.5 it will round down and if the number ends with 0.5 or greater it will round up.) The teacher shall then be placed in the appropriate Group based on his/her average rating.
i. Teachers who are rated Accomplished and who are not evaluated every year, shall be deemed to be Accomplished for the years in which they are not evaluated.
ii. Teachers who are rated Skilled and who are not evaluated every year, shall be deemed to be Skilled for the years in which they are not evaluated.
iii. Teachers who have fewer than three (3) years of evaluations (excluding those rated Accomplished and Skilled as described above) will receive zero (0) points for those years for which they have no evaluation rating.
e. The order of reductions within each Group shall be:
i. Members under limited contracts beginning with the least senior; and then,
ii. Members under continuing contracts beginning with the least senior.
iii. No preference shall be given to any member based on seniority, except when deciding between members who have comparable evaluations. Evaluation ratings within the same Group will be considered comparable with each other.
4. Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in reverse order of layoff, if and when teaching positions become vacant or are created for which any of such teachers are or become qualified. After restoration of teachers with continuing contracts, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of suspension and shall continue through the next three (3) full school years, unless removed from the recall list as stated below. For teachers with continuing contracts, restoration rights shall continue until the teacher is returned to a teaching position or removed from the recall list as stated below.
5. A teacher whose contract is suspended shall be placed on a recall list stating years of continuous service to the district, subject(s) certified/licensed to teach, and type of contract held classification prior to suspension. A teacher on the recall list shall be offered a contract for a position for which he/she is certificated/licensed (or can become certificated/licensed) as positions become available and in inverse order - last discharged, first recalled. No teacher new to the district will be employed until all properly certificated/licensed teachers on the recall list have been offered a contract for a vacant position. The refusal of a recall to a part-time position shall not result in the teacher being removed from the recall list, unless the teacher was employed part-time prior to the layoff. A refusal of a recall to a full- time position shall result in a teacher being removed from the recall list. Recall notices shall be sent to the last address on file with the Board. Teachers shall be responsible for updating the Board on any change of address.
6. Insurance coverages provided to the certified/licensed staff may be subject to a training continued by the teacher whose contract has been suspended under this provision, at his/her own cost, for the time period of up to sixrequired by federal law.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. 12.01 Reduction In Forcein Force (RIF) When the Board, by resolution, deems it to be necessary to reduce hours or eliminate jobs staffed by members, lay-off resulting and ensuing recalls shall be governed by the manner in which following procedures.
A. If it is executed, applies becomes necessary to all Teamster represented positions only. Employees, who have worked reduce members’ hours or reduce the number of members in any job classification, other than those reflected in Section 10.05 (Special Education/Crossing Guard), the Board may make the reductions by laying off members in the reverse order of District seniority within the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contractsaffected classification. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty Thirty (30) calendar days prior to the reduction in force, the Business Manager shall meet with the Association President to review the list of affected positions and the bumping rights, if any, of the affected members. All internal reassignments through bumping rights will be given finalized before Board action on the members subject to employees whose positions are reduced through the RIF. Members shall only have bumping rights within the affected classification series and may only bump down according to Appendix E. Assignments within classifications after bumping has occurred shall be restricted only by the provisions of Article X.
B. At least twenty (20) days prior to the effective date of RIF, the Board shall prepare and post for inspection, in a Reduction In Force. In lieu of noticeconspicuous place, an equivalent amount accurate District seniority list containing the names, seniority dates and classifications of salary, based on the employee’s regular work schedule, will be paid members subject to the employeeRIF. Each affected member shall be given at least twenty (20) days advance written notice of the RIF, stating the following: (1) Reasons for lay off or reduction in hours and (2) the effective date of lay-off or RIF.
Section 2: When C. The administration may offer a position member affected by a RIF a vacancy in another classification and/or classification series for which the member is qualified. Any member reduced and/or a Reduction In Force takes place, in classification or hours shall retain recall rights into the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the member’s classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of two (2) years, during which time longer than they worked the Board shall not hire nor promote anyone to the classification affected by a RIF until all affected members in that classification eligible for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodreinstatement have been reinstated.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Forcethe event of a decrease in the number of bargaining unit employees due to fiscal constraints, the following procedure shall be followed:
1. Wherever and whenever possible, reduction of the manner bargaining unit employees shall be accomplished through normal attrition.
2. Prior to the lay-off of any bargaining unit member from a specific employee classification position, such employee will be given the opportunity of moving into a vacant position in which it a different employee classification area provided that the employee is executed, applies deemed to all Teamster represented positions onlybe qualified to assume the new position or held such position in the past.
3. EmployeesAny bargaining unit member whose position has been eliminated due to layoff shall be eligible to assume a position in any classification previously held where the bargaining unit member has more seniority than the least senior member of a given classification/category. The least senior member of any classification/category is subject to dismissal to make a position available to a more senior unit member who has seniority. Seniority shall be defined as an employee's continuous length of service in a bargaining unit position or positions. Part-time bargaining unit employment will be credited as one-half or 50% of full- time bargaining unit employment for seniority purposes.
4. A bargaining unit member, who have worked is laid off, in accordance with Paragraph Three (3) of this Article, shall be entitled to remain on a recall list for a period of one (1) year following his/her lay-off. As a bargaining unit position(s) becomes available, laid off employees shall be given the opportunity to return to employment in any position for which they are deemed to be qualified to occupy. Notification of such a position will be by regular and certified mail, sent to the collective bargaining agreements between Teamsters Local 14 and latest address on file at the CITY, retain seniority and reduction Superintendent's office. The timeline for hiring for such a position will not be extended to accommodate the receipt of either regular or certified mail. Opportunities for recall to employment shall be afforded in force rights for previously held positions within those Contractsthe inverse order of lay-off. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights A laid-off employee shall forfeit his/her recall eligibility if he/she refuses one (1) opportunity to return to a previously held comparable employment situation. However, a bargaining unit member who is offered and accepts a temporary or dissimilar position within these Contracts.
Section 1: A Reduction In Force may take place upon approval shall remain on the recall list for the remainder of the City Council and one year recall period. A laid off employee, who is defined as any involuntary separation wherein management eliminates a position.
recalled, must notify the district of their decision to accept the recall within five (a5) calendar days. The CITY may eliminate any position.
employee must be able to return to work within fifteen (b) Notice of at least thirty (3015) calendar days will be given to employees whose positions are reduced through after being informed of a Reduction In Force. In lieu of noticerecall opportunity, an equivalent amount of salary, based on unless the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward Parties agree to a position for which they previously held later date. Failure to return within 15 calendar days or an agreed upon later date shall result in removal of such individual's name from the CITY.
(c) Regular employees whorecall list and forfeiture of all rights afforded by this Article. An employee who returns to a bargaining unit employment position, as a result of this recall provision, shall have all previously earned rights, privileges and benefits restored to him/her. Further, a Reduction In Force, are placed into previously held classification may be subject laid off bargaining unit employee who is returned to a training period bargaining unit position, as a result of up this recall provision, shall not have time spent on lay-off status cause a break in service for purposes of his/her unit seniority credit.
5. A bargaining unit member who is laid off, in accordance with Paragraph Three (3), and is on recall status, as a result of Paragraph Four (4) of this Article, shall be permitted to sixcontinue his/her group medical and life insurance coverage provided that such laid off employee will be responsible for payment of the full premiums as such premiums become due.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceWhenever the Board deems it necessary to reduce the number of employees due to lack of funds, and lack of work, or the manner in which it is executedabolishment of a position, applies to all Teamster represented positions only. Employeesthe following procedures shall apply:
25.01 To the extent possible, who have worked in any the number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and unit members affected by a reduction in force rights will be minimized by not employing replacements for previously held those employees who retire, resign or are discharged. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions.
25.02 Reductions needed beyond those available as mentioned above, will be made by first laying off temporary employees and then regular employees. RIF employees shall be offered the first opportunity to fill substitute and temporary positions within those Contractsby District seniority.
25.03 The procedure to be used will be as follows:
A. All members of the bargaining unit shall be placed on seniority lists according to classification. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return Prior to a previously held position within these Contractsreduction in force, the Board will notify the local Association President of the upcoming layoffs and necessity for it. The Board will also prepare a list of names, classifications, and seniority dates of all affected employees.
Section 1: B. All layoffs shall begin with the least senior employees within a classification and continue in inverse order of job classification seniority.
C. A Reduction In Force RIF employee(s) that has transferred from one classification to another classification may take place upon approval displace any employee from their current or previous classification provided the employee has less job classification seniority than the displaced employee. Subsequently, any employee who is displaced by a more senior employee shall also have the right to displace a less senior employee within the same classification. An employee entitled to bumping rights must notify the Board within two (2) work days if he/she intends to exercise this right.
D. If two (2) or more employees subject to layoff have equal job classification seniority, the determination as to who shall be laid off will be made on the basis of the City Council and greater District seniority. If District seniority is defined as any involuntary separation wherein management eliminates a position.equal, then the determination shall be made in the following order:
(a1) The CITY may eliminate any position.date of Board meeting hiring the regular employee, and
(b2) Notice the sum of at least thirty the last four (304) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu digits of notice, an equivalent amount of salary, based on the employee’s regular work schedulesocial security numbers for the high number. If the summation of the employee’s social security numbers creates a tie, will it shall be paid broken by the toss of a coin.
25.04 The names of employees who are laid off in a reduction in force shall be placed on a recall list for up to twenty-four (24) months from the date of suspension. Those on the recall list shall have the following rights:
A. Any employee who is laid off and is subsequently eligible for re-employment shall be notified in writing by the Board of an opening within their classification. Such notices shall be sent by certified mail to the last address given the Board by the employee.
Section 2: When B. Employees on the recall list will be recalled in reverse order of layoff (i.e., most senior) for vacancies.
C. Any employee who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular partfull-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced position, shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodforfeit all recall rights.
(b) Regular employees whose positions are reduced shall be permitted 25.05 The Administration will provide letters of recommendation for bargaining unit members affected by a reduction in force, and will attempt to exercise their CITY seniority to move laterally or downward to a position for which they previously held within provide other forms of assistance, where possible, upon request of the CITYbargaining unit members.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In ForceSECTION 12.1 The City agrees that in the event that the possibility of a lay-off exists, or is contemplated, affecting employees of the Police Division, the City will notify the Union representatives by written notice no later than twenty-one (21) calendar days prior to the first day of the possible lay-off. Such notification shall be for the purpose of establishing discussions between the parties in order to develop mutually acceptable alternatives to prevent or overcome
SECTION 12.2 When it becomes necessary in the Police Division, through lack of work or funds or for other causes, to reduce the force of such Division, lay-offs shall be conducted on a classification basis as determined by the City. Employees will be laid off from the affected classification in accordance with their seniority with the employee(s) with the least seniority being laid off first. An employee laid off shall be allowed to bump less senior employees in positions for which the senior employee is qualified. When a position above the rank of Patrolman is abolished and the incumbent in that position has been permanently appointed, the officer with the least seniority within the rank of the position abolished shall be demoted to the next lower rank and the officer in the next lower ranks shall be demoted, and so on down until the manner in which it is executed, applies to all Teamster represented positions only. Employeesperson with the least seniority has been reached, who shall be laid off.
SECTION 12.3 Employees who are laid off shall be placed on a recall list for a period of two (2) years. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. An employee may be recalled to any position for which he is qualified. If the position he held before being laid off subsequently becomes available and if the employee has been recalled to a different position, the employee shall have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights first option to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a that position.
(a) SECTION 12.4 If an employee is recalled to a position in a lower-rated job classification, he shall have the right to return to the job classification he held prior to being laid off in the event it subsequently becomes available. The CITY may eliminate any positionCity shall not hire new employees in bargaining unit positions as long as there are still employees on the recall list who are presently physically qualified to perform the work in the affected job classification and are willing to be recalled to said classification.
SECTION 12.5 An employee to be recalled will be informed of his reemployment in the form of a written notice. This notice shall be considered received by the employee when mailed by certified mail to the last-known address of the employee as shown on the City's personnel records. It shall be the responsibility of each employee on lay-off to keep the City advised of his current address. Within fifteen (b) Notice of at least thirty (3015) calendar days will be given after notice of reemployment is mailed, the employee must advise the City in writing of his acceptance of reemployment and his ability to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based commence employment on the date specified in the notice. Any and all reemployment rights granted to an employee shall terminate upon such employee’s regular work schedule, will be paid 's failure to respond and to accept within fifteen (15) calendar days any position offered to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be SECTION 12.6 Employees so laid off firstmay elect to continue medical and dental coverage in accordance with applicable law. Employees that are serving The employee shall pay the twelve (12) monthly group premium rate in advance each month probationary status within plus the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked City’s actual administrative expense for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodcoverage.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction The Superintendent will have the responsibility for determining the number of Safety Services positions employed by the District. If the Superintendent determines the need to reduce the number of Safety Services positions, the Superintendent may, at his/her discretion, declare the existence of a reduction in force. In Forcesuch event, the following administrative implemental procedures shall take full force and effect.
A. The greatest possible reduction will be accomplished through attrition.
B. The remaining reduction in the manner in which it is executed, applies number of positions will be accomplished by layoff.
1. The reduction shall be applied to all Teamster represented positions only. Employees, who have worked in any the largest group of members of the collective bargaining agreements between Teamsters Local 14 and Bargaining Unit positions which may be reasonably considered. The Superintendent or designee will consult with Union representatives prior to determining the CITYgroup or groups of members of the Bargaining Unit positions from which the reduction will be made.
2. Within each specified group, retain seniority and Employees will be selected by the respective administrator for layoff in the following order:
a. Probationary Employees within their 90 day probationary period.
b. Employees on disciplinary probation when a reduction in force rights is declared.
c. Employees who are on a plan of Assistance when a reduction in force is declared.
d. Within each of the above sub-paragraphs, if two or more Employees are otherwise equally eligible for previously held positions selection, Employees with shorter lengths of total seniority within the District will be selected before those Contracts. City with longer lengths of ▇▇▇▇▇▇▇▇▇ employees working outside total District seniority.
e. Following the above procedures, if two or more Employees are equally eligible based on total seniority in the District, the Employee with the shorter length of these Contracts current employment within the position will be selected before the Employee of longer length of current employment.
C. After implementing such a reduction procedure, the list of names of laid off Employees shall be maintained by the Human Resources Division for two (2) years.
D. Any Employee who has been so laid off will no longer be considered an Employee and shall have no seniority Employee rights to return to a previously held position within these Contractsor benefits other than those required by law or by this policy.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be E. Any Employee who has been so laid off first. Employees that are serving may retain membership in the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off Board-provided Health Plan for a period of time longer than they worked up to 18 months. However, the Board will make no contribution and the Employee must make advance arrangements for payment of premiums with the Employee Benefits and Insurance Management office.
F. It is the responsibility of the listed laid off Employee to keep the Human Resources Division informed of their current contact information, i.e., e-mail address, current address, and phone number. Additionally, the laid off Employee will maintain a current electronic employment application with Human Resources.
G. The named Employee on the list will be considered an internal applicant. If a vacancy occurs within two (2) years for which the named Employee on the list is qualified, the Employee will be contacted to interview for the City and are subsequently rehired, they open position. The usual employment procedures will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards followed in determining the completion of their probationary periodfitness for employment.
(b) Regular employees whose positions are reduced shall be permitted H. If any Employee on the list waives recall rights in writing, fails to exercise their CITY seniority to move laterally or downward accept recall to a position for which they previously held the Employee is qualified, fails to respond within 10 days to a recall notice sent to the CITYlatest address furnished to Human Resources Division, or fails to report for duty in the accepted position, the name of such shall be removed from the list and such Employee shall have no further recall rights.
(c) Regular employees whoI. Any Employee who is recalled shall regain all employment benefits to which he/she was entitled at the time of layoff. However, as a result no benefits may be accrued during the period of a Reduction In Force, are placed into previously held classification may unemployment and the Employee shall be subject to a training period of up to sixall changes in employment conditions which have been made in the interim.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and If the manner in which it is executed, applies Board decides to all Teamster represented positions only. decrease the number of Employees, who have worked discontinue particular positions, or decrease their number of work hours in any of classification covered by this Agreement, the collective bargaining agreements between Teamsters Local 14 and Board will honorably dismiss the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based affected Employees on the employee’s regular work schedule, will be paid to basis of seniority within the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeaffected classification (i.e., the following procedure will apply:
(a) All temporary and regular part-time would least senior Employee in the classification shall be laid off first), provided that the remaining Employees in that classification are determined to be qualified to perform the work remaining after the layoff/reduction. An Employee who is subject to layoff and who has prior District experience in another seniority classification may displace the least senior Employee in the classification he/she formerly held, provided he/she has the necessary present skills, abilities, and qualifications for the position. The classifications of Employees that are serving are: One-on-One Nurse One-on-One Paraprofessionals Paraprofessionals (Special Ed and Student Support Center) Music Paraprofessionals Excel Paraprofessionals Library Paraprofessionals ELL Paraprofessionals Student Safety (10 months) Student Safety (12 months)
7.1.1 Seniority shall be defined as the twelve (12) month probationary status length of full-time service within the District in an ESP classification commencing with the first day of employment (i.e., first day of actual work), less adjustments for layoff or approved leaves of absence without pay (excluding military leaves). If an Employee changes classification, the Employee shall maintain seniority in that classification but shall not accrue any further seniority in his/her previous classification. In the new classification, the Employee’s seniority carries over from the prior classification, except that beginning in the 2017-2018 School Year, an Employee must begin to accrue seniority anew in any new classification (i.e., the Employee does not carry over seniority from any prior classification). Seniority ties shall be broken by the date the Employee was hired by the Board. If there is still a tie, the application date shall be used to break the tie.
7.1.2 If two (2) or more Employees otherwise have equal seniority and one or more is to be reduced honorably dismissed, seniority order shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for determined by, in order:
7.1.2.1 Most experience in the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards Employee’s current classification in this District;
7.1.2.2 Highest performance ratings in the completion of their probationary period.
Employee’s last two (b2) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixevaluations;
Appears in 2 contracts
Sources: Negotiated Contract, Negotiated Contract
REDUCTION IN FORCE. Reduction In ForceLength of service in the Washington County School System, and as determined by the manner in date upon which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employeeeach unit member’s regular work scheduleinitial individual contract was signed, will be paid to the employee.
Section 2: When prevail whenever a position is reduced and/or a Reduction In Force takes place, layoff occurs. The parties agree that the following procedure will apply:
be utilized in any layoff. For the purpose of identifying positions for which more senior affected unit members may opt: • All non-tenured unit members will be considered as non-renewed. • Utilizing a system-wide seniority list, the WCPS Management, in consultation with the Association, will identify sufficient number of positions currently occupied by the number of least senior unit members necessary to provide positions for those unit members initially affected by the reduction in force. • In determining the number of positions necessary, the WCPS Management will pay due attention to all federal and state mandates regarding certification and qualifications for professional staff. To implement the position selection and placement for affected senior unit members: • The WCPS Management will contact each senior affected unit member, in order of the unit member’s seniority (amost senior first), and will identify for each, all vacated positions for which the unit member is certified and legally qualified. • Each employee will then be provided twenty-four (24) All temporary hours (excluding weekends, holidays, and regular part-time would be laid off first. Employees days that are serving normally workdays when schools are closed) to identify for the twelve WCPS Management their preferences for placement in descending order of acceptability. • The WCPS Management will assign each senior affected employee (12most senior first) month probationary status within to the classification that is to be reduced shall be laid off nextposition the employee identified as their most preferred placement. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehiredmore senior unit member have selected their first choice, they will be required to serve a full 12 month probationary periodoffered their most preferred position from the identified positions remaining. If rehired before that timeframe, they • This implementation process will be given previous credit towards continue until as many unit members as possible affected by the completion layoff and the implementation of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to these procedures has been placed in a position for which they previously held are certified and highly qualified. Recall • Unit members on layoff shall be recalled in order of their length of service as vacancies become available for which they are certified and highly qualified. • While a layoff continues, no new hires shall be permitted except where:
1. There are no unit members on layoff who are certificated and highly qualified to fill a vacant position, or
2. All certified and highly qualified unit members on layoff decline to fill the vacancy. • The WCPS Management will provide timely written notice of vacancies to unit members on layoff. • Each unit member notified that there is a vacant position for which the unit member is certificated and highly qualified will have five (5) workdays in which to exercise their recall rights. • In order for recall rights to be exercised, unit members must be available to begin work within twenty (20) days after their response to the CITY.
WCPS Management. • Affected individuals will retain recall rights for a period of two (c2) Regular employees who, years or until such time as a result unit member declines a position for which they are certified and highly qualified. • Except where there is a proven medical disability or a valid professional contract in effect with another Maryland public school system, a unit member who declines the offer of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixposition for which the unit member is certified and legally qualified shall forfeit recall rights.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and The term “layoff” shall be defined as a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees the working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forceforce. In lieu the event of noticea layoff, an equivalent amount of salaryprobationary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would and temporary employees in the classification in which the layoff is to occur shall be laid off first, in any order, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. Employees that are serving the twelve (12) month probationary status within Thereafter, seniority employees in the classification that in which the layoff is to be reduced occur shall be laid off nexton the basis of seniority, least senior first, provided the remaining seniority employees are qualified and able to perform the available work as scheduled. Should A seniority employee who is displaced from his own classification may exercise his seniority to displace the least senior employee in a probationary classification at an equal pay rate or in a classification at the next lowest pay rate for which he is qualified and able to perform the work of the employee to be displaced. A full-time employee of the Sheriff’s Department who formerly held the position of Court Security Deputy, Corrections Deputy or Corrections Shift Leader and on or before the date of this Agreement transferred into a professional association representing employees of the Midland County Sheriff’s Department, a full-time employee who transfers out of the bargaining unit into the Midland Patrol Deputies Association, the Midland County Command Officers Association, or to part-time status, and a part-time employee who transfers out of the bargaining unit into the Midland Patrol Deputies Association or the Midland County Command Officers Association, shall retain the seniority he earned through the date of such transfer. Subject to the provisions hereinafter provided, if such former employee is later laid off from either of such units or a part-time position, he may utilize the seniority previously earned to bump a less senior employee who (1) holds a position in a classification previously held by such former employee, or (2) is in a classification at a lower rate of pay than that previously held by such former employee. In either circumstance, the returning former employee must be qualified and able to perform the work of the employee he seeks to bump with an orientation period of ten (10) days or less. Employees to be laid off for a an indefinite period of time longer than they worked for will receive at least seven (7) calendar days written notice of layoff. The Association shall receive a list from the City and County’s Director of Human Resources of the employees being laid off on the same date the notices are subsequently rehiredissued to the employees. When the work force is increased after a layoff, they seniority employees will be required recalled in order of seniority, most senior first, provided the employee to serve be recalled is qualified and able to perform the available work as scheduled. Notice of recall may be by telephone, confirmed by certified mail to the employee’s last known address, with a full 12 month probationary periodcopy to the Association. If rehired before that timeframe, they Employees will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of granted up to sixten (10) working days to return to work, upon request of the employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceIt is recognized that the Board of Education has the sole and exclusive prerogative to eliminate certified staff positions, and consistent with provisions of state statutes. Elimination of staff positions may result from decreases in student enrollment, changes in curriculum, severe financial conditions or other circumstances as determined by the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any Board of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In ForceEducation. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeevent that positions covered by this Agreement are eliminated, the following procedure will applybe used:
(a) All temporary and regular part-time would be laid off first1. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced Any administrator relieved of his/her duties because of reduction of staff or elimination of position shall be laid off nextoffered an administrative opening, if one exists, in his/her classification for which he/she is certified and qualified.
2. Should a probationary employee If there is no existing administrative opening in his/her classification, the displaced administrator shall be laid off for a period offered the position of time longer than they worked an administrator who has the least seniority in his/her present classification, provided he/she is certified and qualified for the City position.
3. If there is no existing administrative opening in his/her classification and are subsequently rehiredthe displaced administrator has the least seniority in his/her present classification, they he/she will be required offered an administrative opening, if one exists, in any other administrative classification for which he/she is certified and qualified provided, however, such appointment does not constitute a promotion to serve a full 12 month probationary periodhigher classification.
4. If rehired before that timeframethere are no existing administrative openings in any administrative classification, they and the displaced administrator has the least seniority in his/her present classification, but has administrative seniority over an administrator in another classification for which the displaced administrator is certified and qualified, the displaced administrator will be given previous credit towards the completion of their probationary periodoffered such position; provided, however, such appointment does not constitute a promotion to a higher classification.
(b) Regular employees whose positions are reduced 5. If an administrator is relieved of his/her duties because of a reduction in staff or elimination of position and another administrative position is not otherwise available as set forth above, he/she will be offered a teaching position subject to the Reduction in Force provision of the Torrington Education Association's contract with the Board. If an administrator is relieved of his/her duties because of a reduction in staff or elimination of position and employed as a teacher, he/she will be granted experience credit on the salary schedule and credit for accumulated sick leave in accordance with the provisions of the Torrington Education Association's contract with the Board.
6. Any administrator who has been displaced as set forth above shall be permitted to exercise their CITY seniority to move laterally placed on a reappointment list for two (2) years for his/her former administrative position or downward to a any other vacant administrative position for which the administrator is certified and qualified, and shall remain thereon until re• appointed, provided such administrator does not refuse a reappointment. Administrators shall be recalled to positions for which they previously held are certified and qualified according to their administrative seniority in the Torrington School System. If a reappointment is offered consistent with the above and is refused by the administrator, he/she shall thereupon be removed from the reappointment list.
7. For purposes of this Article, administrative classifications shall be as follows: Category Positions 12-Month Torrington High School Principal 12-Month Torrington Middle School Principal 12-Month Elementary School Principal 12-Month Secondary Assistant Principal 12-Month Director of Special Programs 11-Month Elementary Assistant Principal
8. The determination of whether an administrator is qualified for a position in accordance with the provisions of this Article shall be made by the Superintendent, provided that such determination is reasonable. The Superintendent's determination shall be based upon the administrator's academic background, training and demonstrated performance in administrative positions within the CITY.
(c) Regular employees whosame classification and/or other classifications, as reflected in evaluations conducted in accordance with the Board-approved evaluation procedure, provided that such prior administrative experience is relevant to the administrator's ability to perform the responsibilities of the position in question in a result manner best serving the interests of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixstudents.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. If the Board determines, because of economic necessity, to decrease the number of teachers employed or to discontinue some particular type of teaching service, the Board will follow Section 24-12 of The Illinois School Code.
B. If a vacancy occurs within one calendar year from the beginning of the school term following its reduction-in-force, the Board will tender such vacant position in accordance with Section 24-12 of the Illinois School Code. Vacant positions include full-time teaching positions and full year part-time teaching assignments, but do not include substitute positions and positions becoming vacant because of leaves, whether paid or unpaid. A teacher so recalled retains his/her status and all accumulated seniority; however, the period such teacher did not teach shall not be counted toward seniority.
C. A teacher eligible for recall must provide the Board with an address, e-mail address and phone number where the teacher can be reached for the purposes of recall. The teacher must notify the Board in writing within one (1) calendar day of receipt of the offer of the acceptance of any vacant position offered to the teacher during the recall period. Failure to notify the Board of acceptance shall constitute rejection of the offer of employment. If a teacher rejects an offer of a full-time vacant position, the teacher shall be deemed to have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the recall time period.
D. Seniority shall be defined as follows:
1. Years of continuous service as teacher in the District; provided, however, that less than full time tenured service shall be computed on a pro rata basis and approved unpaid leaves of absence of ninety (90) consecutive employment days or more shall not be counted in determining seniority.
2. If the years of continuous tenured service are equal between two or more teachers, seniority shall be determined by total years of continuous teaching service with the District; provided, however, that less than full-time service shall be computed on a pro rata basis and approved unpaid leaves of absence of ninety (90) consecutive employment days or more shall not be counted in determining seniority.
3. If total continuous teaching service with the District is equal between two or more teachers, then seniority shall be determined by total teaching service with the school district whether or not continuous (such service shall be computed in the manner described in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
and (b) Notice above).
4. If total continuous teaching service with the District is equal as between two or more teachers, then seniority shall be determined by placement on the salary schedule, i.e., the teacher with the higher salary shall be deemed the most senior (or any other factor selected by the Board, such as hours of recognized education credit earned).
5. Legal Qualifications or Legally Qualified shall be defined as all statutory and regulatory prerequisites for teaching a particular subject or grade, including but not limited to, the licensure requirements of Article 21 of The School Code and the academic experience requirements of State Board of Education Documents No. 1 (or its successor or supplementary requirements) in effect at least thirty (30) the time of dismissal and/or recall.
6. Prior to February 1 of each school term, the Administration shall email a list of the seniority rank of all tenured teachers in the District, along with a copy of Article XV to all certified staff. Further, no less than 75 calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid prior to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeend of the school year, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstAdministration shall distribute to the WEA President a Sequence of Honorable Dismissal list of all teachers in the District. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced Each teacher shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixhave ten
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
REDUCTION IN FORCE. Reduction In Force, and A. Whenever the manner in which Company deems it is executed, applies advisable to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the same type of work in any department and any exchange, through part-timing or layoffs or both, subject to the following conditions:
1. Temporary and occasional employees shall be laid off first.
2. Next in order, employees with less than two (2) years' seniority shall be declared surplus in the inverse order of seniority.
3. After the steps as outlined in paragraph 1. and 2. above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of its proposal to part-time including the applicable reduction in hours, or it may declare employees surplus in the inverse order of seniority.
1. Employees that who are serving designated as surplus shall be offered reassignment to available jobs within the exchange affected or in the other exchanges of the Company.
2. Employees who are surplus shall be offered transfer to the jobs in paragraph 1. above in order of their seniority.
3. Employees who are declared surplus may displace employees in similarly rated jobs or lower jobs for which they are qualified to the extent of replacing the employee with the lowest seniority in the similarly rated job or the lower rated job within the exchange, or work group if work group covers more than one exchange, or district (see Appendix C for applicable list of exchanges, districts and divisions to be used in the event of a reduction in force). Qualified is defined as minimal refresher training (3 weeks or less). If formal classroom training of 3 weeks or more is required, the employee shall not be deemed qualified to bump.
a. Employees with more than three (3) years of net credited service may, if not able to displace an employee in the exchange or work group if work group covers more than one exchange, or district in the same classification, displace the least senior employee in the division in the same classification. Employees with ten (10) or more years of net credited service may, if not able to displace an employee in the exchange or in the division in the same classification, displace the least senior employee in the Company in the same classification.
4. If there are no jobs available in the same or other exchanges as provided in paragraph 1. above or the employees refuse the offer or who do not accept or qualify under paragraph 3. above, then the employees shall be laid off.
1. If additions to the work force are required subsequent to a reduction in force, laid-off employees, in order of seniority, who submit a bid, shall be awarded the job for which they are qualified, prior to anyone bidding under Article 16.
a. In the event an employee on layoff status does not successfully bid into an available job for which they are qualified within eighteen (18) months from the date of his/her layoff, the employment status of such employee shall be considered terminated.
b. An employee rehired within eighteen (18) months from the date of his/her layoff shall have the continuity of his/her service protected and shall receive service credit for the period of the layoff not to exceed six (6) months. Under no circumstances shall more than six (6) months credit be allowed during any twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced c. Notification shall be permitted sent by certified mail to exercise their CITY seniority to move laterally or downward to a position such employee's last known address.
2. Any employee offered reemployment in any classification for which they previously held he/she is qualified and who does not accept such reemployment within the CITYtwo (2) days and return to employment within fourteen (14) days shall be considered terminated.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and 24.1 Should a reduction in the City’s work force rights for previously held positions become necessary, termination by force reduction, hereinafter referred to as layoff, shall be accomplished in the following manner:
A. Layoffs shall be by classification within those Contractsa department. Upon establishing the number of employees to be laid off within a classification in a department, the City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights shall layoff the least senior employee first and continue laying off the least senior employee until its force reduction in the affected classification or classifications within that department is met.
B. If an employee is scheduled to return be laid off, said employee shall be offered a comparable position or demotion to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of lower classification, provided such a vacancy exists and said employee is qualified to fill the City Council and is defined as any involuntary separation wherein management eliminates a position.
C. If there is more than one (a1) The CITY may eliminate any positionemployee subject to the above provisions, the most senior qualified laid-off employee shall be offered the vacancy. If there is more than one (1) vacancy, said vacancies shall continue to be offered to the senior qualified laid off employeeuntil all vacancies are filled.
24.2 Employees being laid off or demoted shall be eligible for recall in accordance with the following procedure:
A. An employee who is demoted or laid off shall retain recall rights to a job in the same classification within the department from which the employee was demoted or laid off. Recall rights shall remain in full force and effect for a period equal to the employee’s total length of service not to exceed one (b1) Notice year.
B. The most senior qualified laid off employee shall be offered recall to a job in the employee’s classification until the City’s staffing requirements are met.
C. Notification of at least thirty recall shall be sent to a laid off employee by certified mail to the address last known to the City.
D. If the laid off employee fails to respond to the recall notice within ten (3010) calendar days will from the date of receiving the notice of recall, he/she shall forfeit all further recall rights.
24.3 Employees who are scheduled to be given to employees whose positions are reduced through a Reduction In Force. In laid off shall receive two (2) week of notice or, in the alternative, two (2) week of pay in lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked 24.4 If it becomes necessary for the City and are subsequently rehiredto abolish a position or reduce the number of employees, they severance pay will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion granted as follows: Years of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixService Severance Pay 6-10 4 weeks 11-25 6 weeks
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceWhenever the Board of Education deems it necessary to reduce the number of employees in the bargaining unit due to abolishment of positions, and the manner in which it is executedlack of funds, applies to all Teamster represented positions only. Employees, who have worked in lack of work or for any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeother reason, the following procedure will applyshall prevail:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should 15.01 The number of people affected by a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they reduction in force will be required kept to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodminimum by not replacing employees who resign or retire insofar as practical.
(b) Regular employees whose positions are reduced shall be permitted 15.02 When it becomes necessary to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, suspend an employee's contract as a result of a Reduction reduction in force, affected employees shall be laid off according to seniority within the bargaining unit with the least senior employee laid off first. Each employee to be laid off shall be given a written notice of that fact at least seven (7) days prior to the effective date of the layoff.
15.03 For the purposes of this provision, seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a bargaining unit position as a Paraprofessional computed from the latest date of hire. Date of hire is determined per official minutes of the Board of Education. In Forcethe event identical seniority prevails, the most senior employee will be determined by the date of the most recent application on file, and will be used to determine seniority with the most recent date being the least senior. A seniority list will be provided to OAPSE #273 at their request.
15.04 The Board of Education shall determine the number of employees to be laid off.
15.05 The persons laid off shall be placed on a recall list and shall be reinstated in the reverse order of layoff. Reinstatement shall be made from this list before any new employees are placed into previously held classification may be subject to hired in that classification. The employees' names shall remain on the recall list for a training period of up one (1) year from the effective date of layoff. As vacancies occur and reinstatement is implemented, the most senior employee on the recall list will be notified that a vacancy has occurred. Within seven (7) calendar days after this notice is mailed to sixthe employee, the employee shall respond to the Board of Education advising as to whether or not the employee accepts the offered position. Employees who indicate they do not accept the offered position shall be removed from the list. If the employee fails to respond to the mailed notice within seven (7) calendar days of the posting of the notice, his or her name shall be removed from the recall list and his/her employment shall be ended.
15.06 This reduction in force provision shall supersede and replace all laws in the State of Ohio including, but not limited to, 3319.081 of the Ohio Revised Code.
Appears in 2 contracts
Sources: Master Contract, Master Contract
REDUCTION IN FORCE. Reduction In ForceWhen the Board decides that it will be necessary to reduce the number of teachers it employs, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in may make a reasonable reduction for any of the collective following reasons, in accordance with Ohio Revised Code Section 3319.17:
a. return to duty of regular teacher after leaves of absence
b. suspension of schools
c. territorial changes affecting the district
d. decreased enrollment of pupils in the district
e. financial reasons In making any such reduction, the Board shall first perform the reduction through attrition. If attrition is not sufficient to accomplish the reduction, the Superintendent shall, within each teaching field affected, give preference first to teachers on continuing contracts and then to teachers on limited contracts in order of seniority where evaluations are comparable. If the reduction is for financial reasons as stated in e. above, a committee will be formed to evaluate options for the district to attain fiscal solvency. The committee will be comprised of four (4) representatives of the Board and five (5) representatives of the Association. On a case-by-case basis, in lieu of suspending a contract in whole, the Board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. The teachers whose contracts are suspended by the Board pursuant to this section shall have the right to bump into other areas of certification for which the suspended teachers are presently certified. Said bumping shall be in reverse order of seniority, with priority given to continuing contract teachers before limited contract teachers. Comparable Evaluations
a) The definition of the term “comparable,” as applied to teacher evaluations, included in this section shall only be applicable after a new evaluation system that complies with HB 153 has been negotiated and fully implemented, as defined above, for at least two (2) years.
b) All teachers within the District shall be deemed to have comparable evaluations if they are “Accomplished,” “Skilled,” or “Developing” as is defined in the OTES Board Policy.
c) Upon full implementation of the new evaluation system, and with at least two (2) full years of student growth data, in the event a teacher is rated “Ineffective” for two (2) consecutive years, such teacher shall no longer be considered comparable to the rest of the bargaining agreements between Teamsters Local 14 and unit for purposes of a reduction in force.
d) Newly hired teachers with less than two (2) years of student growth data shall be deemed comparable with the CITY, retain seniority and rest of the bargaining unit.
e) No reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval shall be accomplished through the nonrenewal or termination of the City Council and is defined as contract of any involuntary separation wherein management eliminates a position.
(a) bargaining unit member. The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given teachers whose contracts are suspended by the Board pursuant to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on this section shall have the employee’s regular work schedule, will be paid right to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off recall for a period of time longer than they worked for two (2) years from the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodeffective date of reduction in force. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced Said recall rights shall be permitted in order of seniority if and when teaching positions become vacant or are created for which any such teachers are or become qualified. No teacher whose contract has been suspended pursuant to exercise their CITY seniority this section shall lose the right to move laterally or downward recall by reason of having declined recall to a position for which they previously held within the CITY.
(c) Regular employees whothat is less than full-time, as a result of a Reduction In Force, are placed into previously held classification may be subject or to a training period position requiring a lesser percentage of up to sixfull-time employment than the position the teacher last held while employed in the district.
Appears in 2 contracts
REDUCTION IN FORCE. Reduction In ForceIf the Board of Education determines that a reduction in teaching staff is required to meet the educational goals and needs of the district, the following procedures shall be used. To determine the number of teaching positions to be reduced, the administrative staff will determine the educational program for the district in accordance with the educational goals established by the Board.
1. The Board shall first accomplish the reduction through normal attrition to the extent possible.
2. Should further reduction be necessary, the Board shall next release probationary teachers.
3. Non-probationary staff who are employed on a less than full-time contract shall be released before those non-probationary staff teaching full-time.
4. Further reduction in non-probationary staff shall be determined by the administrative staff based upon certification(s), qualifications, instructional training and skills, and years of experience. Prior to discharge, the manner Board shall attempt to place the employee(s) to be RIFFED in which it is executed, applies to all Teamster represented other teaching positions onlywithin the district if available. Employees, who have worked in any Professional employees will be notified by the Administration that they may be part of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and a reduction in force rights for previously held through a letter pursuant to state statute. This provision shall not be applied in such a manner as to adversely affect the balance of the staff with regard to race, sex, or age. Recall Procedures
1. Individuals who are discharged shall be offered recall in reverse order of discharge to vacant positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights which they are certified to return to a previously held position within these Contractsfill.
Section 1: A Reduction In Force may take place 2. Recall will be initiated immediately upon approval the existence of a vacancy in the City Council and is defined as any involuntary separation wherein management eliminates a positiondistrict.
(a) The CITY may eliminate any position3. No new hires from other than those who have been RIFFED shall be made by the Board while there are discharged employees available to fill the vacancies. Recall decisions shall be based on certification(s), qualifications, instructional training and skills, and years of experience.
(b) Notice 4. No employee will lose his/her recall rights if he/she secures other employment during the discharge.
5. Any employee discharged shall be accorded recall rights unless specifically waived in writing.
6. These recall rights shall cease after two years from the date of at least thirty (30) calendar days will Reduction in Force.
7. The Board shall annually provide the association with a current list of those who have retained these rights.
8. Any recalled employee shall have reinstated all benefits such as salary placement, accumulated sick leave, etc. earned prior to the RIF. In addition, said employee shall be given credit for any teaching, supervision, or administrative experience in a similar or like position during the period of RIF, after evaluation and verification by the Administration, for the purposes of negotiated salary he/she would have received had he/she not been RIFFED.
9. Certified employees who may be eligible for reemployment are required to employees whose positions are reduced through a Reduction In Forcenotify the district of their current address.
10. In lieu Refusal of notice, an equivalent amount offer to reinstate shall result in cessation of salary, based on the employee’s regular work schedule, will be paid all recall rights.
11. An individual who feels his/her recall rights have been violated may appeal to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status board of education within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a two-year period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodstated above.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In Forcethe event the Board of Directors, and the manner in which it is executedits exclusive judgment, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and ultimately decides that a reduction in force rights for shall be implemented, the Board shall specify the number of positions to be authorized within each job classification. Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an employee in a higher paying job classification shall have the right to "bump" employees in lower paying job classifications in which the higher paid employee was previously held positions within those Contractsemployed. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return An employee who “bumps" to a lower paying job classification will be placed on the applicable seniority list for that classification according to the employee’s prior District service (promotion date) in that rank. Employee(s) cannot ”bump" into a lower paying job classification that they were not previously held position within these Contracts.
Section 1: A Reduction employed and successfully completed probation, unless while during probation in the lower paying job classification the employee was promoted into the higher paying job classification. Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will commence with the highest job classification. Those employee(s) will be "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the lower paying job classification. In Force may take place upon approval the event that an employee ''bumps'' to a lower paying job classification in accordance with the provisions of this Article, their salary shall be immediately reduced to the step of the City Council lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employees name from the recall List, unless, said employee is defined as determined to be totally disabled. Physical examinations shall be at the District's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any position.
(b) Notice of at least such reduced or laid-off employee fails to report for duty within thirty (30) calendar days will after mailing a written notice by registered mail to the last known address, they shall have lost the right to be given to employees whose positions are reduced through a Reduction In Forcerehired or advanced hereunder. In lieu the event that an employee is advanced from a job classification to another job classification in accordance with the provisions of noticeparagraph 5 above, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid their salary shall revert to the employee.
Section 2: When step of the higher range that would have applied had there not been a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the reduction in job classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Forcegeneral lay-off. If at any point in time during the two (2) year reinstatement period (as identified above), are placed into the District reclassifies the job descriptions, but maintains similar job functions, the employees who were directly affected by the initial lay-off from their previously held classification may positions, will be subject to a training period granted re-hiring rights under the new job description/classification. This will remain in effect for the entire duration of up to sixtwo
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
REDUCTION IN FORCE. Reduction In ForceA. The language in this Article is intended to supersede Ohio Revised Code Section 3319.172, and to the manner in which extent permitted by law.
B. If the Board decides it is executednecessary to reduce the number of bargaining unit members in a job position category, applies to all Teamster represented positions onlythe following procedure will govern such layoff and reinstatement:
1. Employees, who have worked in any The number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A people affected by Reduction In Force may take place upon approval shall be kept to a minimum, as much as possible, by attrition.
2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of continuous service with the Board computed from the first date of uninterrupted service, except if a member has been out of the City Council bargaining unit during any period of such service, seniority shall be computed from the first date of uninterrupted service with the District by accumulating only time spent in the bargaining unit If two or more bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by;
a. The date of the Board meeting at which the bargaining unit member was hired; and is defined as any involuntary separation wherein management eliminates then by
b. Selecting a positionnumber from a container with each number representing a different employee. The first number selected will be the most senior and the next number selected will be the next most senior, and so forth, until all ties in seniority are broken. The selection will be made by the administration with a representative of the Association present.
3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (a30) The CITY may eliminate calendar days after the seniority list is provided, any positionobjection to the list must be presented. If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority dates, as published.
(b) Notice 4. The Board shall determine in which job position category the layoff should occur and the number of bargaining unit members to be laid off Except for a RIF involving a return from a leave of absence, the Board will give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, after Board action, each member to be laid off shall be given thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forceadvance written notice stating the effective date of the intended layoff. In The Board may pay an employee in lieu of notice.
5. Bargaining unit members who are subject to lay-off, an equivalent amount of salarymay displace the least senior member in another job position category, based on providing the following conditions are met:
a. The job position category must be a lower paying job position category in the job family (i.e., a maintenance employee could biunp a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is displacing that employee’s regular work schedule, will ; or
b. The job position category must be paid to a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee.
Section 2: When c. The bargaining unit member must be willing to accept the pay scale of the job position category.
6. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff, f the employee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the level of time the employee was working before the layoff.
7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the affected job position category.
8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the layoff list before the next person on the list may be considered. Members shall have ten (10) calendar days from the date of mailing to respond. Notification of acceptance or refusal should be presented to the Superintendent, in writing; however, failure to respond at all shall be considered refusal of the position. It is the responsibility of the involved member to advise the Board of an address where he/she can be reached. Any member who declines reinstatement shall be removed from the reinstatement list, and the Board shall have no further obligation to the member. However, a refusal of an offer to return to work to a position is of reduced and/or a Reduction In Force takes place, time from the following procedure will apply:
(a) All temporary and regular part-time would be position which the member was laid off firstwill not result in removal from the reinstatement list. Employees that are serving Notice of the twelve (12) month probationary status within the classification that is to be reduced vacancy or reinstatement shall be laid off nextby certified mail.
9. Should a probationary employee be laid off The bargaining unit member's name shall remain on the appropriate reinstatement list for a period of time longer than they worked for two (2) years from the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodeffective date of layoff. If rehired before that timeframereinstated from layoff during this period, they will be given such member shall retain all previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced accumulated seniority and all rights related to salary and fiinge benefits. Time spent on layoff shall be permitted to exercise their CITY not coimt as experience for seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may salary purposes. All Bargaining unit members laid off shall be subject to a training period the provisions of up to sixthe Consolidated Omnibus Budget Reconciliation Act of 1986.
Appears in 2 contracts
REDUCTION IN FORCE. Reduction 6.1 In Forcethe event of a reduction in force, and layoffs will be made within the manner Association. RIF shall be defined as a reduction in which it the work force beyond normal attrition. When a RIF is executedimplemented, applies the Executive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to all Teamster represented positions onlyreasonably minimize the impact for the RIF.
6.2 Employees will be laid off on the basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Employees, who have worked in any Seniority shall be defined as the length of service within the District as a member of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these ContractsAssociation.
Section 1: A Reduction 6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In Force may take place upon approval of no case will a new employee be employed by the City Council and is defined as any involuntary separation wherein management eliminates District while there are RIF’d employees who are qualified for a vacant or newly created position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees 6.6 Employees whose positions are reduced through have been eliminated due to reductions in work force or who have been affected by a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on layoff shall have the employee’s regular work schedule, will be paid right to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to assume a position for which they previously are qualified, which is held within by the CITYleast senior employee. Unused sick leave
6.7 An employee transferred because of layoff may exercise his/her seniority to return to a position similar to that vacated owing to lay-off, provided that qualifications are equal to that of others also applying for this position.
6.8 Employees to be laid off shall receive no less than thirty (c30) Regular days notice prior to lay- off. In a normal budget cycle, if the School Board authorizes, then the date for notification to employees who, receiving a RIF shall be no later than July 1.
6.9 The District shall notify the Association officers prior to layoff notices being sent to employees and provide detailed reports of the financial status of the district as requested.
6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the bargaining unit.
6.11 Laid off employees shall be recalled in reverse order of layoff to any position for which they are qualified.
6.12 RIF’d employees shall retain their seniority for purposes of recall for a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixtwo
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force1. The Board has the exclusive authority to determine the appropriate number of certified employees. A reduction of certified employees may occur as a result of, and but not be limited to, changes in the manner education program, staff realignment, changes in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any the size or nature of the collective bargaining agreements between Teamsters Local 14 student population, financial situation considerations, or other legitimate business reasons.
2. A reduction of certified employees, other than administrators, will be done through normal attrition if possible. If normal resignations and retirements or the CITYnonrenewal of non-tenured teachers do not meet the necessary reduction in the number of teachers required, retain seniority and the Board may terminate certified employees.
3. It shall be the responsibility of the Superintendent to make a recommendation for termination to the Board. When a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take takes place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would senior teacher shall be laid off first. Employees , provided that the least senior teacher does not have experience and qualifications that are serving substantially greater than a more senior teacher. If the twelve (12) month probationary status within the classification that is to be reduced less senior teacher has such experience and qualifications, a more senior teacher shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodfirst.
4. The Superintendent shall consider the following criteria in order in making the recommendations. Criteria:
a. Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
b. Number of continuous years of service to the school district;
c. Relative skills, ability and demonstrated performance.
5. Seniority List
a. On or about December 1 of each school year, the School District shall cause a seniority list, (bby name, date of employment, qualification, and certification), to be prepared from its records. It shall thereupon post such list in an official place in the school building.
b. Any person whose name appears on such list, may disagree with the findings of the School District in terms of its listing of employees seniority. Such person shall have five (5) Regular employees whose positions are reduced working days from the December 1 posting to supply written documentation, proof, and request for seniority change to the School District's Superintendent's Office.
c. Within five (5) working days thereafter, the School District shall evaluate any and all such written communications regarding the order of seniority contained in said list, and shall make such changes as the School District deems warranted. The final seniority list shall thereupon be prepared by the School District, and shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within posted in an official place in the CITYschool building. Such list shall be binding upon the District and all teachers shown thereupon and shall govern the application of Reduction in Force until thereafter revised.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. This Reduction In Forcein Staff Procedure shall apply only to teachers who are “tenured” under applicable provisions of Kansas Law.
1. Reduction in Personnel – staff certification, length of service in Wabaunsee, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of last three evaluations will be the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights governing criteria for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsstaff reduction.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given 2. Recall – ● Prior to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placelayoff, the following procedure Board will apply:
(a) All temporary and regular part-time would attempt to place the employees to be laid off firstin other teaching positions. Employees that ● Individuals who are serving the twelve (12) month probationary status within the classification that is to be reduced laid off shall be offered recall in reverse order to layoff to vacant positions for which they are certified to fill in accordance with the procedures set forth in this article. ● Teachers who are laid off next. Should a probationary employee shall be laid off eligible for recall for a period of time longer than they worked two years following reduction in force. ● Teachers who are laid off are obligated to keep the district notified of their current address, phone number, and whether the teacher wishes to be considered for the City and are subsequently rehired, they recall. ● Recall will be required initiated upon the existence of a vacancy in the district. Teachers recalled shall have seven days from notification of the recall to serve a full 12 month probationary periodaccept or reject the position. If rehired before no notice is given within the seven-day period, the teacher shall have waived any right to recall for that timeframe, they job and the board may proceed to fill the position. ● No new or substitute positions shall be filled while there are laid off employees available to fill the vacancies. ● No teacher will lose his recall rights if s/he secures other employment during the layoff. ● Any employee recalled shall be given previous credit towards full salary, related benefits and experience as if continuously employed by the completion of their probationary period.
(b) Regular employees whose positions are reduced district. ● Any employee laid off shall be permitted accorded recall rights unless specifically waived in writing. The Board shall annually provide the WEA with a current list of those who have retained these rights. WEA shall have the right to exercise their CITY seniority to move laterally or downward to file a position grievance for which they previously held within a teacher who is not currently employed if it appears that recall rights have been violated if the CITYindividual teacher also signs the grievance.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In ForceTo the extent possible, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and staff affected by a reduction in force rights will be minimized by the impact of attrition. However, if the Board determines it necessary to reduce the number of bargaining unit positions for previously held positions within those Contracts. City reasons of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to decreasing student enrollment, return to duty or regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, or for financial reasons, further reductions will be made in accordance with the following procedures:
A. When the Board determines in any school year that there is a previously held position within these Contractsneed to suspend employees' contract(s), the GHESSA will be given written notice of such possibility ninety (90) days before the effective date of any reduction. Upon written request, the Board will provide the GHESSA president with written data concerning student enrollment, bargaining unit members' seniority, names of employees on leaves of absence, and financial information.
Section 1: A Reduction In Force may take place upon approval B. The GHESSA will make every effort to encourage staff who will be on leave, returning from leave, resigning or retiring, to notify the Superintendent in writing on or before the date of intended reduction in force.
C. The GHESSA President will be given the opportunity to make suggestions to the Superintendent before the recommendation for suspensions of contracts is made to the Board.
D. The GHESSA President and those staff who (prior to the exercise of any bumping rights) are being recommended for suspension by the Superintendent shall receive notice in writing on or before forty-five (45) days before the effective date of any reduction in force.
E. All members of the City Council bargaining unit shall be placed on a seniority list by classification. Staff serving under continuing contracts will be placed at the top of the list in descending order of seniority. Staff serving under limited contracts will be placed on the list under continuing contract staff, also in descending order of seniority. Staff will be arranged in the following classifications: secretary, custodian, maintenance, paraprofessional, health services paraprofessional, food service, clerical, child care attendant, groundskeepers, accounting clerks, occupational therapy assistants, and is educational technology specialist and service desk technician.
F. Seniority will be defined as any involuntary separation wherein management eliminates a positionthe length of uninterrupted continuous service as an employee under regular contract in the Grandview Heights Schools.
1. Board-approved leaves of absence and time on RIF will not interrupt seniority.
2. Resignation, termination, non-renewal, and other leave not approved by the Board will interrupt seniority for purposes of reduction in force and recall.
3. If two (2) or more staff has the same length of uninterrupted continuous service, seniority will be determined by:
a) The CITY may eliminate any positiondate of the Board meeting at which the employed was hired; and then by
b) The casting of a lot.
(b) Notice of at least thirty (30) calendar days 4. Recommended reductions in a classification will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based made by selecting the lowest person on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be seniority list in that area of classification being laid off first. Employees An employee affected by a RIF in his/her classification may elect to displace a bargaining unit member who has less seniority in a different classification with a lower pay scale, provided the employee who decides to bump into a classification other than his/her current one:
a) Has the requisite qualifications for the other classification, as determined by the Superintendent. The Superintendent's determination, as to the qualifications necessary to bump, is not grievable. Any required certification/licensing for the position must be possessed at the time of the RIF for a qualified individual to bump into one of those classifications.
b) A decision to bump into another classification or not to bump must be made at the time the employee is notified that are serving the twelve (12) month probationary status within the he/she will be RIF'ed. A bargaining unit member who is laid off from one classification that and elects to bump into another classification is to be reduced paid at the beginning step of the new classification, and advance thereafter according to the experience in that classification, and forfeits recall rights as delineated below.
G. The names of bargaining unit members who are affected by the reduction in force shall be laid off nextplaced on a recall list for up to thirty-six (36) months from the date of the reduction. Should Those on the recall list shall have the following rights:
1. Staff on the recall list will be recalled in reverse order of the layoff or vacancies in their classification.
2. If a probationary employee position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, an attempt will first be laid off for a period made to consider the filling of time longer than they worked such position from employees on the recall list. Employees on the recall list must be qualified for the City position and are subsequently rehiredshall fill the position as described in Section 4(a) above.
3. If a position initially abolished is re-instated, they a new position becomes available, or a vacancy occurs, the Board will send an announcement by first class mail to the last known address of each employee on the recall list who is qualified according to their prior classification.
4. It is the employee's responsibility to keep the Board informed of his/her current address, qualification, and experience. The Board shall not be held responsible for the employee's failure to comply with the provisions of this Section. Each employee is required to respond by certified mail or by hand delivery to the district office as to whether or not the position will be required accepted. The most senior qualified bargaining unit member who accepts the position in his/her old classification, or any new classification, and who responds in writing within ten (10) calendar days of mailing of any notification, shall receive the position. Any bargaining unit member who fails to serve respond by certified mail or personal delivery within ten (10) calendar days, or who accepts comparable employment elsewhere; or who declines an offered position within the school district, shall forfeit all recall rights.
5. An employee on the recall list, upon the acceptance of a full 12 month probationary periodposition, shall return to active employment status with the same accumulation of sick leave, vacation time, and salary schedule placement as he/she enjoyed at the time of lay off if employed in the same classification. If rehired before employed in a different classification, the employee must accept placement on the salary schedule as identified previously in Section 4(b).
6. Where group insurance policies permit, an employee whose contract has been suspended may continue to participate in those benefits which are provided to those employees in active employment, provided that timeframethe employee pays the total premium to the Board's Treasurer one (1) week prior to the date the Board normally pays the premiums to the company.
7. These procedures apply only to the suspension of contracts for reasons as set forth in the first paragraph of this Article. This Article shall not require the Board to fill any vacancy nor shall it interfere with any other lawful personnel practice in the district.
H. Any employee who has been notified that his/her contract has been suspended shall have the right to:
1. Be informed of his/her position on the seniority list, they if requested.
2. Be placed at the top of the substitute list according to seniority for first call, if requested. The GHESSA President will be given previous credit towards sent a list of the completion names of their probationary periodemployees who have been sent recall notices at the time of such recall meetings.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. Reduction In Force, The Administration and Union shall form a committee for the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any purpose of the collective bargaining agreements between Teamsters Local 14 initiating and the CITY, retain seniority and monitoring reduction in force rights procedures (School Code 24-12), when and if those procedures are necessary. The Administration and Union shall select their own members to the committee. Following the requirements provided in School Code, teachers shall be placed into four groups (1,2, 3 and 4) and the committee shall establish criteria for previously held positions within those Contractsmoving individuals from Group 2 into Group 3 and any alternate definition of placement into Group 4. City If no agreement is reached, statutory definition of ▇▇▇▇▇▇▇▇▇ employees working outside Groups 2 and 4 will govern. The committee shall monitor the rating trends in the district and prepare an annual report to be discussed with the Union and Administration. All decisions by the committee shall be by majority vote. When the Board deems it necessary to reduce the number of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval teachers in the District because of declining enrollment, inadequate finance, the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice elimination of at least thirty (30) calendar days programs, or consolidation, every effort will be given made to employees whose positions are reduced make reductions through a Reduction In Forceattrition. In lieu If this is not possible, then teachers shall be removed based on each teacher’s placement in 1 of notice4 performance evaluation groups, an equivalent amount of salaryhereinafter called the “honorable dismissal list.” Teachers shall be honorably dismissed in group order, with teachers in Group 1 the first to be honorably dismissed and teachers in Group 4 the last to be honorably dismissed. From amongst the teachers in Group 1, the District may honorably dismiss in any order. Within Group 2, the District may honorably dismiss based on the employee’s regular work schedule, average scores of the past two evaluations. The teachers with the lowest average scores will be paid to dismissed first. Within Group 3 or 4 teachers will be honorably dismissed in inverse seniority order. In the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, event the District has any vacancies for the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that school term, teachers who are serving honorably dismissed from Group3 or 4 shall have the twelve (12) month probationary status within the classification that is right to be reduced recalled, provided said teacher (s) are qualified to hold the vacant position based on legal qualifications in compliance with School Code. Tenured teachers shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for given the City and are subsequently rehired, they will be required opportunity to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position teach in other areas not filled by tenured teachers for which they previously held within meet the CITYrequirements for proper licensure of the Illinois State Board of Education. Recalls shall be made according to the Illinois School Code.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any A. The number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and employees affected by a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return will be kept to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval minimum by not hiring replacements, insofar as practical, of the City Council and is defined as any involuntary separation wherein management eliminates those employees who retire, resign, or otherwise leave a position.
B. Whenever the Board determines that a layoff is necessary in a job classification for lack of work, lack of funds, transfer of property, or abolishment of positions, the following procedure shall be followed:
1. Thirty (a30) The CITY may eliminate any position.
(bcalendar days prior to the effective date of layoff, the Superintendent shall post a listing containing the name(s), seniority level(s), and classification(s) Notice of at least those employees to be laid off. Each affected employee and the Union President shall also receive written notice of layoff thirty (30) calendar days will be given prior to employees whose positions are reduced through a Reduction In Force. In lieu date of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employeelayoff.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off nextaccording to seniority within the classification(s) of reduction. Should a probationary The Board shall first release limited contract employees in reverse order of their classification seniority and then release continuing contract employees in reverse order of their classification seniority.
a. Classification seniority shall be defined as continuous District service within the classification calculated from the most recent appointment to the present classification.
b. Authorized leaves of absence do not constitute an interruption of continuous service.
c. In the case of identical classification seniority, the earlier date of application to the District shall determine seniority rank.
d. An employee be being laid off for who previously held and satisfactorily performed in a period different bargaining unit classification may elect to displace the least senior employee in the prior classification with comparable hours provided the employee being laid off has more classification seniority in the prior position than the employee being displaced. This election must be made within ten (10) calendar days after receiving a notice of time longer than they worked for layoff. The displacing employee must be currently qualified to resume the City and are subsequently rehiredduties of the previously held position. For purposes of this provision, they will be required to serve a full 12 month probationary period. If rehired before “comparable hours” means either the same hours as the displacing employee has or hours that timeframe, they will be given previous credit towards differ from the completion of their probationary perioddisplacing employee’s hours by sixty (60) minutes or less.
(b) Regular employees whose positions are reduced 3. The following classifications shall be permitted used to exercise determine classification seniority for reductions in force:
▇. ▇▇▇▇/Cashier e. Secretarial/Clerical
b. Bus Drivers f. Custodial/Maintenance
c. Mechanics g. Custodial/Sweeper
d. Paraprofessionals h. Library Media Specialist
4. Laid off employees shall have recall rights to their CITY job classification for twenty- four (24) months subsequent to the effective date of layoff.
a. The Board shall recall employees to their job classification should vacancies arise for which he/she is qualified within the recall period according to classification seniority; i.e., inverse order of layoff.
b. Notice of recall shall be sent to the Union President and the employee standing highest on the classification seniority list in the classification with the vacancy. Notices shall be sent to move laterally the employee’s last reported address. It is the employee’s duty to report address changes to the Board Treasurer in writing.
c. An employee must notify the Board of his/her acceptance of the position for which he/she is recalled within fourteen (14) days after the mailing of the recall notice or downward he/she shall be considered to have waived his/her right to recall.
d. An employee, upon recall, shall assume the same seniority level and sick leave accumulation that he/she had when laid off.
e. If an employee is recalled to a position for that has more or fewer regularly scheduled hours than the position from which they previously held within the CITYemployee was laid off, the employee will have the option to refuse the position without extinguishing his/her recall right under the above provisions.
(c) Regular employees who5. Nothing in this Article shall require the Board to fill any vacancy. The Board shall be the sole determinant of whether a vacancy exists and whether or not to fill the vacancy.
6. Nothing in this Article prevents an employee on layoff from applying for a vacant position; however, as it is understood that if such an employee applies for and is awarded a result of a Reduction In Forcevacant position, are placed into previously held classification may be subject to a training period of up to sixhis/her recall right under the above provisions is thereby extinguished.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction 14.1 The District shall have the authority to determine the number and qualifications of employees in each job classification.
14.2 In Force, and the manner in which event the District determines that it is executednecessary to conduct a layoff/reduction in force, applies the administration shall initially attempt to all Teamster represented positions only. Employees, who have worked determine the number of possible resignations and retirements within each job classification in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and a good faith effort to avoid potentially unnecessary layoffs.
14.3 If further reduction in force rights is necessary within a job classification, the administration shall choose employees for previously held positions layoff within those Contractsthat job classification based upon student needs as the highest priority, followed by the following items:
1. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no employee evaluations
2. qualifications
3. seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval the job classification Each of the City Council and three qualifications shown in the list shall be evaluated on an equal basis. This bargaining unit is divided into the following job classifications: Paraprofessional Library Assistant Principal’s Secretary Director’s Secretary (i.e.: SPED Director, Athletic Director, Facilities Director) Secretary (any secretarial position not otherwise classified on this list) Head Custodian Groundskeeper Painter Maintenance Technician Bus Driver Custodian Electrician HVAC Technician/Plumber
14.4 Seniority is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice the length of at least thirty (30) calendar days will unbroken service within the District and shall be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on computed from the employee’s regular work schedulemost recent first date of service. All employees shall be ranked in that order. In the event of more than one (1) employee having the same first date of service, all employees so affected will participate in a drawing to determine their placement.
14.5 All seniority is lost when employment in the District is severed by resignation, retirement, discharge for cause, or transfer to a nonsupport staff position. Seniority shall not accrue while an employee is on an unpaid leave of absence. But, seniority shall accrue while an employee is on District paid leave and in all situations where mandated by state or federal law. Seniority will be paid retained for laid off employees if they return to the employeedistrict in a support staff position within a year, otherwise it will be lost.
Section 2: When a position is reduced and/or a Reduction In Force takes place14.6 A laid-off employee shall be given guaranteed consideration of employment for up to one year through June 30 of the following year. At the time of lay-off, the following procedure will apply:
(a) All temporary and regular part-time would employee shall be laid off firstadvised how to sign up for automatic notification of openings. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodresubmit applications as new positions become available.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceIf the Board determines it necessary to reduce the number of bargaining unit positions under Ohio Revised Code 3319.17 or for financial problems, and the manner in which it is executed, applies following procedures shall apply:
A. Reductions shall be made by suspending contracts based upon the Superintendent’s recommendation. These contract to all Teamster represented positions onlybe suspended shall be chosen as follows:
1. Employees, who have worked in any All members of the collective bargaining agreements between Teamsters Local 14 and unit shall be placed on a seniority list by each job classification for which they are currently employed. Members serving under continuing contracts shall be placed at the CITYtop of the list in descending order of seniority. Members serving under limited contracts shall be placed on the list under continuing contract members, retain seniority and reduction also in force rights for previously held positions within those Contracts. City descending order of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsseniority.
Section 1: A Reduction In Force may take place upon approval of the City Council 2. System seniority will apply and is defined as the total number of years of continuous service in the District. A year is defined as one hundred twenty (120) days of work and/or paid leave in any involuntary separation wherein management eliminates a positionone (1) school year.
(a) The CITY may eliminate any positiona. Board approved unpaid leaves shall not interrupt seniority, but time spent on such leave shall not count toward seniority. Employees shall accrue seniority while on paid leave. For the purpose of a RIF, a unit member who becomes an administrator and is no longer in the bargaining unit shall retain his/her seniority as a unit member but shall not accrue seniority while an administrator.
b. If two (b2) Notice or more members have the same length of at least thirty (30) calendar days continuous service, seniority will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will applydetermined by:
(a1) All temporary the date of the Board meeting at which the member was hired, and regular partthen by
(2) the date the member signed his/her initial employment contract in the District, and then
(3) any remaining ties will be broken by the Superintendent’s review of recent evaluations and judgment regarding the best interest of the District.
3. Recommended reductions in job classification will be made by selecting the lowest person on the seniority list for that area of reduction. A member being displaced will be notified that he/she is being displaced within seven (7) days of the time displacement is known. Such displaced employees shall be placed on the recall list.
B. The names of members whose limited contracts are suspended in a reduction in force will be placed on the recall list for up to twenty-time would be laid off firstfour (24) months from the date of reduction. Members on continuing contracts shall remain on the recall list indefinitely. Employees that are serving on the twelve (12) month probationary status within recall list shall have the classification that is to be reduced shall be laid off nextfollowing rights:
1. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they No new non-teaching staff will be required employed by the Board while there is a member on the recall list who held the same position classification at the time of the layoff.
2. Members on the recall list will be recalled in reverse order of suspension for vacancies or new positions in the same classification from which he/she was laid off.
3. It is the responsibility of the involved member to serve a full 12 month probationary periodadvise the Board of an address where he/she can be reached. If rehired before that timeframethe employee fails to respond in the affirmative during the specified time period, they he/she will be given previous credit towards removed from the completion recall list and the Board shall have no further obligation to him/her. If the position which becomes available varies in length of their probationary periodservice per day and/or year from the position from which the employees was suspended, the employees may decline the position without being removed from the recall list.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In Force14.1 Whenever the Board, in the exercise of its sole discretion, finds it necessary to reduce the size of the teaching staff of a school for the next school year, the following layoff procedures shall be observed.
14.2 The Union shall be notified of any contemplated reduction in staff as early as practicable. The Union may, within ten (10) days of receipt of a notice of staff reduction, request an opportunity to discuss the need for the staff reduction in a meeting before the Board. This meeting, if requested by the Union, shall be held prior to a formal Board decision regarding staff reduction. The determination as to whether layoffs will be made and to what extent shall remain with the manner Board and such decisions shall not be grievable or subject to arbitration.
14.3 When a teacher’s position is eliminated or reduced, the teacher will be so notified, in writing by April 15 unless the District’s budget is rejected at the annual meeting or a petition for a reconsideration is submitted in which it is executed, applies case the Board shall have the right to all Teamster represented positions onlynotify teachers of a reduction no later than May 1. Employees, who have worked in any No teacher will be laid off under the provision of this Article if the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions staff can be accomplished by normal staff turnover within those Contractslicense area. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeeliminated, the following procedure will apply:
(a) All temporary and regular part-time would teacher to be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of such elimination will be selected based upon the application of his/her seniority. If an opening exists within a Reduction In Forcebargaining unit position, a teacher affected by the reduction who is licensed and has taught in that endorsement area within the last five (5) years will be transferred rather than be laid off. The Superintendent may in his or her sole discretion extend transfers to vacancies for teachers who do not meet the previous service criteria, but who are placed licensed for such vacancies. When a teacher’s position is eliminated, they may bump into previously held classification another position in the District for which they are licensed, and have taught in that endorsement area within the last five (5) years in the District. The Superintendent may in his or her sole discretion extend transfers to vacancies for teachers who do not meet the previous service criteria, but who are licensed for such vacancies.
14.4 Teacher layoffs shall be subject to by district, within specific layoff categories by Vermont Approved Educator Endorsement Codes, and within the area of assignment (including by way of example but not limited to: Reading Recovery Teachers, Instructional Coaches, Interventionists, Early Childhood Teachers). For a training period of up fourteen (14) months from the effective date of layoff (which is July 1), teachers shall be recalled in the reverse order of layoff to sixany open position within the layoff category in which they were laid off. A teacher will be recalled to any position if the teacher is currently certified to perform that work and has taught in the certification area within the last five (5) years within FNESU. The Superintendent may in his or her sole discretion extend recall to vacancies for teachers who do not meet the previous service criteria, but who are certified for such vacancies. When a position becomes open, the Superintendent shall promptly send notification of the open position to the teacher who is eligible for recall by certified mail. It shall be the responsibility of the teacher to provide the District with his/her current mailing address while on layoff. If a teacher so notified fails to accept said position within fifteen (15) calendar days of receipt of notification, the teacher shall be deemed to have declined the position and shall be deemed to have waived all further recall rights. A teacher rehired under the provisions of this Article shall have all previously accrued benefits, as of the time of his/her layoff, reinstated as of the date he/she returns to active employment.
14.5 Seniority shall be defined as the teacher’s most recent period of continuous licensed, professional employment within the Supervisory Union, regardless of endorsement area, beginning with the date that the teacher’s individual contract (signed by the teacher) is received by the Superintendent’s office. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence or by a layoff, but such time will not be counted in computing seniority. Part-time teachers will accrue seniority on a pro-rata basis. On or before November 1 of each school year, the District or Supervisory Union will provide a seniority list to teachers and the Union. Either individual teachers or the Union may file a grievance concerning the seniority list within the time limits noted in the grievance procedure of this Agreement. Failure to grieve the list will constitute acceptance of the list.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, Employees who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixsix (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution.
(d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures.
(e) Displacement procedures will take place in the following order:
(1) Once a position within a classification has been identified for elimination within a department, the least senior employee in that position within the department will be first to be displaced.
(2) The displaced employee will, in turn, displace the least senior employee in the classification working in another department.
(3) If there are no other positions within the classification, the regular employee whose position has been reduced will displace the least senior employee in any equal or lower paying position previously held by that regular employee or be placed in a vacancy in the highest paid position available that the employee previously held.
(4) An employee who has been displaced as a result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced.
(5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY.
(6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position.
(7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the reduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only.
(8) In order to be eligible for assignment/transfer to any position in this process, a displaced employee must meet the minimum qualifications for the position.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. The Association shall be notified of any legally required Reduction In Force, and the manner in which Force hearing at least ten (10) calendar days prior to such hearing date.
B. If it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and determined that a reduction in force rights for previously held positions within is necessary, the Board shall remove teachers based on each teacher’s placement in 1 of 4 performance evaluation groups in the “sequence of honorable dismissal list.” Teachers shall be honorably dismissed in group order, with teachers in Group 1 the first to be honorably dismissed and teachers in Group 4 the last to be honorably dismissed. From amongst those Contractsteachers in Group 1, the District may honorably dismiss in any sequence. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of Within Group 2 the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, District shall honorably dismiss based on the employee’s regular work scheduleaverage performance evaluation rating of the past two evaluations of said teachers, if two ratings are available; if only one rating is available, the last performance evaluation rating shall be used. The teachers in Group 2 with the lowest average performance evaluation rating will be paid dismissed first. In Group 2 seniority shall only be used to determine layoff sequence in cases of a tie for teachers with the same average performance evaluation rating in the same grouping. Within Groups 3 or 4, teachers shall be honorably dismissed using inverse seniority.
C. If the Board has any vacancies for the following school term, or within two calendar years from the beginning of the following school term, teachers who are honorably dismissed from Group 3 and Group 4 shall have the right to be recalled, provided said teachers are qualified to hold the vacant position. Group 2 teachers have limited recall rights subject to the employeeIllinois School Code. Such teachers shall be recalled in inverse order of the honorable dismissal. In the event the School Code requires a longer recall period, the District shall recognize such longer recall period. It is the responsibility of the RIF’d employee to provide current contact information to the District Office prior to their last day of employment. Once contacted and offered recall, a teacher will have up to (5) five calendar days to accept or decline the position. Teachers who refuse an offered recall waive their right to any additional recalls.
Section 2: When D. If a position is full-time tenured teacher has been reduced and/or to a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would position as part of a reduction in force and a full-time position in which the teacher is qualified to hold becomes available, that position will be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is offered to him/her before other candidates will be reduced considered.
E. Reductions-in-force shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required pursuant to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodlaw unless otherwise stated in this agreement.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and 17.1 The District shall meet with the manner in which it is executed, applies Association at the earliest possible opportunity to all Teamster represented positions only. Employees, who have worked in discuss any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and proposed reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights and the parties shall make a good faith effort to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined prevent any reduction in force from occurring, as well as any involuntary separation wherein management eliminates means to minimize any potential impact of a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstreduction. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off nextin the inverse order of seniority, unless in the opinion of the District a review of the background, skill, and experience of the employees together with the immediate and anticipated needs of the District and other factors provide a good and sufficient reason for the layoff of an employee other than the one(s) with the least amount of seniority. Should a probationary employee Probationary employees will be terminated first.
17.2 Recall of paraprofessionals shall be in the inverse order of their layoff. Any paraprofessional who is laid off for a period will, if recalled, be entitled to all the benefits to which he/she was entitled prior to layoff, including, but not limited to, unused accumulated sick leave, seniority and position of time longer than they worked for the City and are subsequently rehiredsalary schedule. To the extent possible, they will be required to serve a full 12 month probationary periodsaid offer shall contain the same number of hours and/or similar responsibilities as the unit member's former position. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced Such offer shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may not be subject to Article 7. Paraprofessionals who are laid off shall be entitled to recall rights of twice their length of service to a training period maximum of up two (2) years.
17.3 Paraprofessionals, upon receipt of notification of being laid off, shall notify in writing the Superintendent of their intentions regarding recall. In stating their intentions to sixbe recalled, they should include an expeditious means of contact, especially in the summer months. Positions that may from time to time be created will be offered to paraprofessionals in the order as mentioned in 17.2 above. Paraprofessional(s) will be contacted by registered letter and/or telephone information using the information as outlined in the paraprofessional’s letter of intention. If the paraprofessional does not accept the offered paraprofessional position within five (5) business days of the date of written notice, such paraprofessional's employment shall terminate on the date set forth in such notice and he/she shall forfeit recall rights as provided herein.
17.4 In the event that a Title I position is to be filled by recall, the Superintendent will be mandated to offer the position to the first paraprofessional that carries a “Highly Qualified” status. In the event that the first paraprofessional on the recall list is not “Highly Qualified”, the Superintendent will continue down the list until such time that a paraprofessional of “Highly Qualified” status is reached. At this point, provisions of 16.3 above will apply; as such, in the event that the paraprofessional refuses the Title I position, such paraprofessional's employment shall terminate on the date set forth in such notice and he/she shall forfeit recall rights as provided herein.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction A. The Association agrees that the Board has the right to determine if there should be a layoff due to lack of funds or work. If it becomes necessary to reduce the number of bargaining unit members through a layoff, the Superintendent will make every reasonable effort to effect such a reduction by attrition. In Forcethe event of any such layoff, the affected employee(s) will have the right to take the position of the least senior employee in the affected job classification provided that the affected employee’s seniority is greater than that of the least senior employee at issue, the affected employee meets the minimum qualifications for the position, and the manner performance expectations for the affected employee’s current position have been met. (Note: When performance standards for every position in the bargaining unit have been developed, the word “expectations” in the preceding sentence shall be replaced with the word “standards.”)
B. Support staff members shall be recalled in reverse order of layoff for any open position within the classification in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractslayoff occurred.
Section 1: A Reduction In Force may take place upon approval . Laid off support staff members shall be eligible for recall for a fifteen (15) month period following their final date of the City Council and is defined as any involuntary separation wherein management eliminates a positionemployment.
(a) The CITY may eliminate any position2. Support staff members shall be responsible for notifying the Superintendent, in writing, of their current address. Recall notices shall be mailed, certified, return receipt requested to the address on file at the Superintendent’s office.
3. Support staff members shall have twenty (b) Notice of at least thirty (3020) calendar days will be given to employees whose positions are reduced through a Reduction In Forcerespond to any recall notice. In lieu of notice, an equivalent amount of salary, based on Failure to accept recall shall terminate the employee’s regular work schedule, will be paid to the employeesupport staff members’ rights under this article.
Section 2: When a position is reduced and/or a Reduction In Force takes place4. Support staff members who are recalled shall retain previously accumulated benefits, the following procedure will apply:
(a) All temporary including seniority and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodsick leave.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction 23-1 The Board shall determine when reductions in force rights are necessary and which job categories* or occupations** shall be affected. Employees within affected job categories or occupations shall be considered for previously held positions within those Contractsretention on the basis of School District need and who meets the qualifications for the remaining positions. City The determination of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights who best meets the qualifications shall rest solely with the Board. The following factors shall be considered when classified staff are to return to a previously held position within these Contracts.
Section 1be reduced in force: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
retirements, resignations and normal attrition shall be considered first; (b) Notice of at all probationary staff (6 months or less) shall be reduced in force before any regular employee; (c) employees with the least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salaryseniority in the District shall be the first to be reduced in force within a job category or occupation; (d) if seniority is the same among employees, based on the employee’s regular work scheduleevaluation, documented job performance, job related cross-trained skills, affirmative action considerations, and required job skills as determined by testing will identify who is to be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstin force. Employees that are serving the twelve (12) month probationary status within the classification that Any employee who is to be reduced shall be laid off nextso notified in writing at least two (2) weeks prior to the effective date of the reduction. Should The Board shall forward a probationary list of those employees being reduced to the Association on the same date that the notice of reduction is issued to an employee. Any employee who is to be laid off for reduced in their assignment shall be placed on a period of time longer than they worked for the City and are subsequently rehiredre-employment list or lists, they will as may be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards by the completion effective date of their probationary period.
(b) Regular employees whose positions are reduced the reduction and shall be permitted to exercise their CITY seniority to move laterally or downward to a eligible for re- employment in the first vacant position for which they previously held are qualified in inverse order of the reduction. The re-employment list or lists shall expire after twelve (12) months of the effective date of the reduction and has precedence over new hires, promotions or other action which would fill a position on a permanent basis. An employee who is reemployed in his/her previous job title within one year of his/her termination date shall be placed at the CITYstep in the salary schedule which was in effect at the time the employee left, and all sick leave benefits which had been accumulated will be reinstated. *Job Occupations are defined as: Paraprofessional Instructional: child care, office instructional, Title I, attendance liaison, adult literacy program intake coordinator, media, home visitors, ESL tutors, bilingual, attendance clerk, child care supervisor, speech/language assistant, special populations, health clerk, paraprofessional. Paraprofessional PreSchool/Group Leader Paraprofessional Special Education: autism spectrum disorder concentration, behavior team, assistive technology. Secretary/Clerk: entry level secretaries, counseling secretaries, coordinator’s secretaries, director’s assistant secretaries, clerks, liaison. Secretary School/Office: elementary/middle school principal’s secretary, manager’s secretary, alternative high school principal’s head secretary. Secretary HS – high school principal’s secretary.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of event the collective bargaining agreements between Teamsters Local 14 and Board determines the CITY, retain seniority and reduction in force rights need for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In in Force takes place(RIF), the following procedure will applyAdministration shall meet with the Association to discuss the following:
(a) All temporary A. Reasons for the need to have RIF
B. Verification of Seniority list
C. Verification of RIF and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced recall procedures Reduction in Force Recall Procedures:
A. Custodians shall be laid off next. Should in the inverse order of their seniority by position or job category.
B. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the position thereby becoming available within a probationary employee specific category of position shall be tendered to the employees so removed or dismissed from that category of position, so far as they are qualified to hold such positions.
C. Custodians shall be called back to work according to his/her placement on the Custodian Recall Seniority list.
D. Custodians on layoff, who have been offered reemployment for the position which they had been laid off for a period of time longer than they worked for and have declined, shall be removed from the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodCustodian Recall Seniority list.
(b) Regular employees whose E. The District shall not employ any non-District applicants to fill any vacant full- time or part-time positions are reduced in the category of position subject to layoff unless all qualified bargaining unit Custodians on the recall list have been reinstated to the vacant position or declined reinstatement to the vacancy.
F. Seniority shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within tracked separately by the CITY.
(c) Regular employees who, following custodian groups and include length of continuous service as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixdistrict employee.
Appears in 2 contracts
Sources: Educational Support Personnel Agreement, Educational Support Personnel Agreement
REDUCTION IN FORCE. Reduction A. In Force, and the manner in which it is executed, applies event that the Board shall determine not to all Teamster represented positions only. Employees, who have worked in rehire or to lay off certain unit employees because of the elimination of any of the collective bargaining agreements between Teamsters Local 14 and positions covered by this Agreement, any such layoffs shall be governed by the CITY, retain seniority and reduction principle set forth in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsthis Article.
Section 1: A Reduction B. In Force may take place upon approval the event that the Board shall reduce the number of transportation worker positions, transportation workers having the City Council and is defined least seniority in the school district as any involuntary separation wherein management eliminates a positiontransportation workers shall be laid off first.
(a) The CITY may eliminate any positionC. In the event that the Board shall reduce the number of maintenance worker positions, maintenance workers having the least seniority in the school district as maintenance workers shall be laid off first.
(b) Notice D. In the event that the Board shall reduce the number of at food service worker positions, food service workers having the least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on seniority in the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would school district as food service workers shall be laid off first. Employees Notwithstanding the foregoing, no food service helper shall be entitled to displace a head cook, assistant cook or cashier who has less seniority in the district as a food service worker and no assistant cook shall be entitled to displace a head cook who has less seniority in the district as a food service worker.
E. In the event that are serving the twelve (12) month probationary status within Board shall reduce the classification that is to be reduced number of custodian positions, custodians having the least seniority in the school district as custodians shall be laid off nextfirst. Should Example - A custodian is displaced because of the operation of the seniority principle set forth in Subparagraph G. Since that custodian had previously served three (3) years in the district as a probationary employee light housekeeping cleaner, he/she would be entitled to "bump" the least senior cleaner if the latter has two (2) years of service in that position.
F. In the event that the Board shall reduce the number of job coach positions, job coaches having the least seniority in the school district as a job coach shall be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodfirst.
(b) Regular employees whose positions are reduced G. 1. For RIF purposes, there shall be permitted two (2) categories of assistants, to exercise their CITY seniority wit: Instructional Assistants and Non-instructional Assistants; however, the nomenclature shall be changed to move laterally or downward to a position for which they previously held within the CITY“classification.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six”
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 12.01 Reduction In Forcein force is defined as the suspension of non-teaching employee contracts due to return to duty of a regular employee after a leave of absence, and suspension of schools, decreased enrollment of pupils in the manner in which it district, financial reasons, territorial changes affecting the district, or for any other reason deemed necessary by the Board.
12.02 Recall is executed, applies defined as the reinstatement by the Board of a non-certified employee's contract. This may happen at any time up to all Teamster represented positions only. Employees, who have worked in any 12 calendar months following suspension of the collective bargaining agreements between Teamsters Local 14 and non-teaching employee's contract for reasons given in Section 12.01.
12.03 Recall shall be in inverse order of employee lay-off (i.e., those employee's laid off last shall be first recalled). Recalled employees must fill the CITY, retain qualifications of the position to which they are recalled. Recalled employees shall have two (2) work days to respond to the written notice of recall. The most senior employee by classification seniority and responding to the call shall be given the position. A failure of any employee to respond within the time limit to the written recall will cause the employee to be ineligible for further recall consideration.
12.04 Any qualified employee whose position is eliminated or who is otherwise subject to a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts shall have the right to "bump" down in the same classification or in another classification if the employee has job classification seniority in the position in which s/he seeks to "bump," with the least senior employee (by classification seniority) in that classification to be thereby bumped by such other employee and laid off, provided that no seniority rights employee may bump hereunder into a job classification different from the one that s/he then holds unless there is no less senior employee (by classification seniority) in the job classification that s/he then holds and unless the employee is judged by the Superintendent in his/her discretion still to return be qualified to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval perform the duties of the City Council and is defined as any involuntary separation wherein management eliminates a positiondifferent job classification.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, Employees who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following f o l l o w i n g procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixsix (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution.
(d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures.
(e) Displacement procedures will take place in the following order:
(1) Once a position within a classification has been identified for elimination within a department, the least senior employee in that position within the department will be first to be displaced.
(2) The displaced employee will, in turn, displace the least senior employee in the classification working in another department.
(3) If there are no other positions within the classification, the regular employee whose position has been reduced will displace the least senior employee in any equal or lower paying position previously held by that regular employee or be placed in a vacancy in the highest paid position available that the employee previously held.
(4) An employee who has been displaced as a result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced.
(5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY.
(6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position.
(7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the reduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceIt is recognized that appointments for FTNTT Faculty members covered by this Agreement are made annually and subject to programmatic need, satisfactory performance, and the manner budgeted resources (See Article X, Section 3.A). The University currently has policies and procedures in place which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and govern a reduction in force rights (retrenchment) of tenured and tenure-track faculty. The University will determine the need to reduce the number of FTNTT Faculty members within a designated academic unit, including a department or program within an academic unit or department (for previously held positions within those Contractsthese purposes the regional campuses shall be designated as one academic unit), consistent with extant retrenchment policies and procedures.
A. The University first shall attempt to achieve the desired result through the following:
1. City Attrition, including voluntary early retirement;
2. A release of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have faculty who are not FTNTT Faculty members, unless no seniority rights FTNTT Faculty member has the necessary credentials, experience and competence needed to return perform the assigned responsibilities and to teach a course or courses essential to a previously held position within these Contractsdesignated program(s).
Section B. If, consistent with extant University policies and procedures referenced above, the University makes a final determination that a reduction in force of FTNTT Faculty members is necessary, the following factors shall be used to determine which FTNTT Faculty members within the affected unit(s) will be released:
1: A Reduction In Force may take place upon approval . The affected FTNTT Faculty member(s) shall first be placed in the appropriate one (1) of the City Council and is defined as any involuntary separation wherein management eliminates a positionfollowing categories:
a. No Full Performance Review completed;
b. One (1) successful Full Performance Review completed;
c. Two (2) successful Full Performance Reviews completed; or
d. Seven (7) or more years of consecutive employment completed.
2. Normally, FTNTT Faculty members with no Full Performance Review completed will be considered for release first. FTNTT Faculty members who have completed one (a1) The CITY may eliminate any positionsuccessful Full Performance Review will be considered for release before FTNTT Faculty members who have completed two (2) successful Full Performance Reviews. FTNTT Faculty members who have completed two (2) successful Full Performance Reviews will be considered for release before FTNTT Faculty members who have completed seven (7) or more years of consecutive employment.
(b) Notice of at least thirty (30) calendar days 3. The following additional factors will be given full consideration in the final determination as to employees whose positions are reduced through whether a Reduction In Force. In lieu FTNTT Faculty member will be released:
a. The FTNTT Faculty member’s length of notice, an equivalent amount service as a FTNTT Faculty member;
b. The quality of salary, based the FTNTT Faculty member’s contributions as documented with the accumulated record;
c. The impact on the employee’s regular work scheduleacademic program resulting from the release of the FTNTT Faculty member, will which may be paid assessed by necessary credentials, experience, and competence needed to perform the employee.
Section 2: When assigned responsibilities and to teach a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally course or downward courses essential to a position for which they previously held within the CITYdesignated program(s);
d. The University’s commitment to affirmative action and its policies adopted there under.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. When the Board of Education decides that it will be necessary to reduce the number of Educational Interpreters it employs, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in may make a reasonable reduction for any of the collective bargaining agreements between Teamsters Local 14 following reasons:
a. Return to duty of regular Educational Interpreters after approved leaves of absence;
b. Suspension of schools;
c. Decreased enrollment of the pupils in the District or the DHH Consortium Program;
d. Territorial changes affecting the District;
e. Financial reasons.
B. In making any such reduction, the Board of Education shall proceed to suspend the employment of Educational Interpreters in accordance with the recommendation of the Superintendent of Schools who shall give preference to Educational Interpreters on the basis of seniority.
C. For the purposes of this Article, seniority shall be defined as the number of continuous years of service as an Educational Interpreter employed by the Beachwood City School District. Part-time service will receive proportionate credit when calculating the total number of years of continuous service for the purposes of determining an Educational Interpreter's seniority.
D. On a case-by-case basis, in lieu of suspending employment in whole, the Board of Education may suspend employment in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work and receives a commensurate percentage of the CITY, retain seniority and full compensation the employee otherwise would have received.
E. Any reassignment of Educational Interpreters necessitated by a reduction in force rights for previously held positions within those Contracts. City under this Article shall be the sole responsibility of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsthe Superintendent.
Section 1: A Reduction In Force may take place upon approval F. Any Educational Interpreter whose employment is suspended by the Board of Education, pursuant to this Article, shall have the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice right of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of noticerestoration, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked one (1) year, to future employment by the Board in the order of seniority if and when Educational Interpreter positions become vacant or are created for which any of such Educational Interpreters are or become qualified. Any Educational Interpreter on the restoration list will have fifteen (15) calendar days from receipt of the letter of restoration from the Board of Education to accept restoration, or the Educational Interpreter will have waived any right to restoration.
G. In the event of identical seniority, the Educational Interpreter with the highest EIPA score will be considered more/most senior. In the event of a further seniority tie, the Educational Interpreter with National Certification will be considered the more/most senior. Thereafter, the tie breakers shall be the highest number based on the last four (4) digits of the affected Educational Interpreters' social security numbers.
H. Approved leaves of absence while employed as an Educational Interpreter in the District shall not constitute a break in service for the purpose of calculating seniority provided that the Educational Interpreter returned to work in the District immediately upon the expiration of the approved leave of absence.
I. In order to qualify for a year of service for seniority purposes, the Educational Interpreter must have worked or been on an approved leave of absence while employed by the Beachwood City School District at least one hundred twenty (120) days during the school year.
J. Each school year, the District shall provide to the President of the BEIU a seniority list of all Educational Interpreters in the Beachwood City School District, and are subsequently rehired, they each Educational Interpreter shall be listed in order of seniority. The seniority list will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards deemed correct unless an Educational Interpreter rejects it by contacting the completion District's Human Resources Office within ten (10) work days after it has been posted in each school building of their probationary periodthe District.
(b) Regular employees whose positions are reduced shall be permitted K. The BEIU recognizes the Board of Education's right to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITYuse independent contractors and/or agencies as short-term and long-term substitute employees.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Master Contract, Master Contract
REDUCTION IN FORCE. Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of event the collective bargaining agreements between Teamsters Local 14 and Board determines the CITY, retain seniority and reduction in force rights need for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In in Force takes place(RIF), the following procedure will applyAdministration shall meet with the Association to discuss the following:
(a) All temporary A. Reasons for the need to have RIF
B. Verification of Seniority list
C. Verification of RIF and regular part-time would be laid off first. recall procedures Reduction in Force Recall Procedures:
A. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should in the inverse order of their seniority by position or job category.
B. If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the position thereby becoming available within a probationary employee specific category of position shall be tendered to the employees so removed or dismissed from that category of position, so far as they are qualified to hold such positions.
C. Employees shall be called back to work according to his/her placement on the Employee Recall Seniority list.
D. Secretaries on layoff, who have been offered reemployment for the position which they had been laid off for a period of time longer than they worked for and have declined, shall be removed from the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodSecretary Recall Seniority list.
(b) Regular E. The District shall not employ any non-district applicants to fill any vacant full- time or part-time positions in the category of position subject to layoff unless all qualified bargaining unit employees whose positions are reduced on the recall list have been reinstated to the vacant position or declined reinstatement to the vacancy.
F. Seniority shall be permitted to exercise their CITY seniority to move laterally or downward to tracked separately by the following groups and include length of continuous service as a position for which they previously held within the CITYdistrict employee.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixa. principal secretary
b. clerical secretary
c. office aide
Appears in 2 contracts
Sources: Educational Support Personnel Agreement, Educational Support Personnel Agreement
REDUCTION IN FORCE. Reduction Section 1 In Forcemaking reductions in staff, educational attainment, licenses and performance, as reflected in teacher evaluations, shall govern. When merit and ability are equal, seniority shall prevail. The determination of relative merit and ability shall be the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any prerogative of the collective bargaining agreements between Teamsters Local 14 Superintendent and the CITY, retain seniority an arbitrator may not substitute his judgment for theirs unless he finds their judgment to have been unreasonably exercised.
Section 2 Coordinators whose position is eliminated and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights who wish to return to a previously held teaching position within these Contractsmay do so, provided that they satisfy the following conditions: they are licensed and qualified; and, they can only return to a teaching position at the start of a school year.
Section 1: A Reduction In Force may take place upon approval 3 The provisions of this Article shall not apply to the non-renewal of the City Council and is defined as contract of any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When 4 Seniority as used herein shall mean an employee’s length of service years, months and days in the employ of the Committees in the bargaining unit. Employees shall be credited for seniority purposes with all time spent on authorized leave of absences. In cases involving employees having identical seniority, merit and ability, lots will be drawn by said employees to determine seniority. A list indicating seniority of members of the bargaining unit shall be prepared by the Committees and forwarded to the president of the Association within 90 days following the execution of this Agreement and shall be updated yearly by October 15. No employee seniority list shall be altered between revisions in the list except to correct an error. New employees shall be added to the list upon their entrance to the bargaining unit.
Section 5 A tenured employee who has been laid off shall be entitled to recall rights in the inverse order of his lay-off, to a position to which he is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off qualified for a period of time longer than they worked for two years from the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion effective date of their probationary periodhis lay-off.
(b) Regular employees Section 6 Coordinators whose positions are reduced shall be permitted position is not eliminated but who wish to exercise their CITY seniority to move laterally or downward return to a teaching position may do so, provided that they satisfy the following conditions: there is a vacant position for which they previously held within are licensed and qualified; and, they can only return to a teaching position at the CITY.
(c) Regular employees who, as a result start of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixschool year.
Appears in 2 contracts
Sources: Content Coordinators Contract, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction A. In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of event that the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and BOARD determines that a reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights is necessary, it shall give written notice to return to a previously held position within these Contractsthe ASSOCIATION ten (10) days before implementing such reduction.
Section B. The following procedure shall be followed in a reduction of force:
1: A Reduction In Force may take place upon approval . The Superintendent shall recommend to the Board the teaching area (Math, P.E., Guidance, Early Childhood, Etc.) in which the reduction shall be made and the number of the City Council and is defined as any involuntary separation wherein management eliminates a positionteachers shall be laid off.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given 2. When one or more Employees are to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstbecause of substantial change in the size or nature of the student population, or unavoidable budgetary limitations the Superintendent may request a meeting with the Association president to discuss the cuts to be made. This meeting will involve identifying the program areas requiring reduction. Once the areas to be cut are identified, the district school board shall retain Employees at a school or in the school district based upon education program needs and the performance program areas requiring reduction as determined by the BOARD. The Employee with the lowest performance evaluations must be the first to be released: the Employee with the next lowest performance evaluations must be the second to be released: and the reductions shall continue in like manner until the needed number of reductions has occurred. In the event that are serving a tie occurs using the twelve evaluation ranking in any program area being cut, contract status, seniority, certification, and educational attainment may be used to break the tie. A district school board may not prioritize retention of Employees based upon seniority. Section 1012.33 (125), Florida Statutes.
C. The following procedures shall be followed in the event the BOARD determines that a recall will be made:
1. The Superintendent shall recommend to the BOARD that teaching areas in which the recall will be made and the number of teachers to be recalled.
2. Recall will be made using the same criteria as that for reduction in force except in reverse order.
3. No new employees shall be hired in a laid off teacher’s teaching area until all laid off teachers of that teaching area have been recalled or have declined to accept recall.
4. Laid off teachers shall be notified of a recall by certified letter to the teacher’s last known address. Teachers notified of recall shall have fifteen (15) month probationary status days from the mailing of the recall letter to accept the recall. Failure to respond to the letter of recall within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period time required, automatically terminates the teacher’s right of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodrecall.
5. The recall period shall not extend beyond one (b1) Regular employees whose positions are reduced calendar year.
D. Any teacher who would have qualified for retirement during the reduction year shall be permitted to exercise their CITY seniority work that year so as to move laterally or downward to a position for which they previously held within the CITYacquire needed service.
(c) Regular employees whoE. Any teacher laid off under provisions of this section may;
1. By paying the full amount of the premium, as a result of a Reduction In Forcecontinue to participate in the District’s Employee Insurance Program.
2. Accept other employment.
3. Be terminated by the BOARD only for just cause during the lay off period.
4. Continue to earn seniority during the lay off period, are placed into previously held classification may be subject to a training period of up to sixthe maximum recall time as specified in C.5 above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA. The language in this Article is intended to supersede Ohio Revised Code 3319.17, to the extent permitted by law.
B. If the Board determines it necessary to reduce the number of bargaining unit positions by reason of decreased enrollment of students, return to duty of regular teachers after a leave of absence, by reason of suspension of schools or territorial changes affecting the District, decline in enrollment in specific subject area, program discontinuation as described in paragraph C of this section, or for financial reasons, reasonable reductions shall be made by suspending contracts based upon the Superintendent’s recommendation. Those contracts to be suspended will be chosen as follows:
1. To the extent reductions are not achieved through attrition, the Board shall proceed to suspend contracts. The order of reduction shall be according to the teaching area currently assigned, and shall be based upon the manner following sequence:
a. First, limited contract teachers shall be reduced utilizing the following order:
i. licensure/certification;
ii. competency as determined by formal evaluation. For purposes of determining competency, all teachers will be considered equally competent through the end of school year 2016-17 except that teachers rated as “ineffective” in which it is executed, applies to all Teamster represented positions onlythe evaluation summative rating will be considered less competent. Employees, who have worked All teachers in any of their first year in the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractssystem will be considered “Developing” until their second year’s evaluation.
Section 1: A Reduction In Force may take iii. where competency is equal, in accord with the seniority list currently approved by the Board and in place upon approval under the present contract subject only to the addition of new employees who are eligible for membership in the City Council and is defined as any involuntary separation wherein management eliminates a positionbargaining unit.
(a) The CITY may eliminate any positionb. Second, continuing contract teachers shall be reduced utilizing the following order:
i. licensure/certification;
ii. competency as determined by formal evaluation. For purposes of determining competency, all teachers will be considered equally competent through the end of school year 2016-17, except that teachers rated as “ineffective” in the evaluation summative rating will be considered less competent.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forceiii. In lieu of noticewhere competency is equal, an equivalent amount of salary, based on in accord with the employee’s regular work schedule, will be paid seniority list currently approved by the Board and in place under the present contract subject only to the employeeaddition of new employees who are eligible for membership in the bargaining unit.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Forcethe event that it becomes necessary to lay off employees, the City shall notify DOE’s President of the reasons with at least two weeks notice prior to the layoff of non-probationary employees. In reducing the number of employees in a classification within a department, qualifications and seniority shall govern.
A. The employee being laid off may not displace employees in other departments.
B. The City has the sole right to determine if a vacancy exists in any other classification and/or department, and whether or not the manner in which it is executed, applies to displaced employee could fulfill all Teamster represented positions only. Employees, who have worked in any job requirements of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contractsvacancy after a reasonable trial period.
▇. City of ▇▇▇▇▇▇▇▇▇ employees working outside will not oppose a reasonable transfer of these Contracts have no seniority rights an employee from the curtailed classification to return to a previously held position within these Contractsanother department or classification.
Section 1: A Reduction In Force may take place upon approval D. During the trial period the employee will be reviewed, counseled and instructed on their progress in the job.
E. Should the employee fail to meet the requirements of the City Council job and is defined as any involuntary separation wherein management eliminates a positionbe disqualified, he/she shall be reassigned to other classifications by step "B" above, or laid off.
(a) F. The CITY may eliminate any positionemployee shall be paid within the range for the job to which transferred at the wage closest to their present wage.
(b) Notice G. When additional employees are needed in a classification, the regular employees who have been laid off or transferred out of at least thirty (30) calendar that classification within a one year period, due to the lack of work, shall be offered the jobs before they are filled by promotion or transfer of employees with less seniority, or by hiring of new employees. A notification shall be sent to them by registered mail to the latest mailing address supplied to the City, and copies of such notification shall be forwarded to DOE’s President. The City shall be notified within five working days after receipt of the notice by the former employee of their desire to accept the offer of the job and the former employee will start work not later than three weeks after receipt of the notice. Should the employee fail to respond or report, he/she will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for dropped from the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodemployment rolls.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceIf the Board determines it necessary to decrease the number of staff or eliminate any position, and the manner Board may lay off the necessary number of staff but only in which it is executed, applies to all Teamster represented positions onlythe inverse order of the district seniority of such staff. EmployeesA staff member whose position has been reduced, who have worked is qualified for another area or position may displace a staff person in any the other area or position with less seniority. If the reduction of the collective least senior staff member would result in serious disruption to a student's educational program, the Superintendent shall notify the President of the Association, explain the circumstances and will reduce the next least senior staff person. No staff person may be prevented from securing other employment during the period the staff person is laid off under this article. When staff positions become available, laid off staff members shall be reinstated in the inverse order of their being laid off, provided that they are qualified to assume the available position(s). The Board shall prepare a seniority list which indicates the dates of employment of all members of the bargaining agreements unit. When preparing such a list, the initial date of employment will be the first day of work as noted by the SAU 88 payroll department. Such list will be posted in September in each building. A copy of the list shall also be provided to the Association President. Failure to provide the list to the Association President shall not be grievable, nor shall it impact the validity of such list. The Association shall review the list and bring to the Board’s attention any errors therein or omissions therefrom within thirty (30) days of receipt. In the event of a tie in seniority between Teamsters Local 14 and two or more employees, the CITY, retain seniority and reduction following factors will be considered in force rights for previously held positions the order stated:
a. Date of nomination by the Principal to be submitted within those Contractstwo work days of oral acceptance of a job offer;
b. Date of election by the Board;
▇. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: written offer of employment A Reduction In Force may take place upon approval recalled staff member's credit for such previous years of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will service shall not be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, lost as a result of the layoff and such recall rights shall remain in effect for two (2) years following the school year in which the layoff notice was effected. Seniority within the bargaining unit shall be lost upon termination, resignation, or retirement. Upon transfer to a Reduction In Forceposition outside of this bargaining unit in the District for more than one year, are placed into previously held classification may an employee's seniority shall be frozen based on the original date of transfer, subject to renewal if the employee is rehired to a training period of up to sixbargaining unit position.
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
REDUCTION IN FORCE. Reduction In ForceSection 1. The Association recognizes the Board's right to reduce the number of Administrative personnel.
Section 2. For the purpose of this Article, the term "reduced" shall mean the termination of an Administrator from a position within the bargaining unit.
Section 3. Employment shall be by written contract which is renewed for an additional one year period unless written notice of non-renewal of the contract is given at least sixty (60) days before the termination date of the contract.
Section 4. Every year the Assistant Superintendent or designee will review the Administrative requirements for certification within the five (5) year window. After exhausting the five (5) year window, the individual without administrative certification and/or administrative requirements may be released.
Section 5. An Administrator shall retain their tenure status as defined in the Michigan Tenure Act.
Section 6. The sequence of Administrative personnel layoffs shall be as follows:
A. Any Administrator with an expired certification and/or who has not met administrative requirements.
B. Has not met certification requirements.
C. If a further reduction in Administrative staff becomes necessary, said reduction shall be accomplished by the Board's consideration of the following factors. Such consideration shall include, but not be limited to: - Years of administrative experience in the bargaining unit. - Annual administrative evaluations - Professional training and experience. - Other provisions as established by law. The Board decision and rationale shall be shared with all Administrators affected and the manner in which it President of AOPSA.
D. Release the Administrator. If an Administrator is executedreleased from their Administrative responsibilities and he/she has the highly qualified certification, applies he/she will be able to all Teamster represented positions onlybump into the teacher's bargaining unit.
Section 7. Employees, Administrators who have worked in any been reduced shall retain all accumulated sick leave.
Section 8. The Board shall rescind letters sent to Administrators under Act No. 451 of the collective Public Acts of 1976, as amended (MCLA 380.247) as soon as sufficient information is available to warrant such action.
Section 9. In the event that a member of the bargaining agreements between Teamsters Local 14 and unit, after being reduced, is subsequently re- assigned to a position covered by this bargaining unit, they shall be re-assigned to the CITYnext step on the salary schedule above that they held at the time of reduction, retain seniority and reduction in force rights for previously held positions within those Contractsprovided, however, that such Administrator had completed a full year as an Administrator at the previous step.
Section 10. City Effective 2010-11 any member of ▇▇▇▇the ▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held that serves in an interim position within these Contracts.
Section 1: A Reduction In Force may take place upon approval and becomes the full time equivalent of the City Council and is defined as any involuntary separation wherein management eliminates a positionposition will accrue seniority from that point forward.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force9.01 If the daily hours of an employee are reduced, and such employee may bump the manner least senior employee in which it that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is executedno less senior employee within the classification with greater hours, applies to all Teamster represented positions only. Employees, who have worked the employee may bump the least senior employee with greater hours in any classification previously held by the employee that is within the bargaining unit.
9.02 When in the event of building closing, job abolishment, or other reason determined by the collective bargaining agreements between Teamsters Local 14 and Superintendent, reduction in staff is required, the CITY, retain seniority and number of people affected by a reduction in force rights will be kept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position.
9.03 Except for previously held classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. On the basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the opportunity to select temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The assignments would be subject to the procedure outlined in 9.04 below.
9.04 All openings, including vacancies resulting from 9.02 above, shall be announced and open for bids by all eligible employees as provided by this Agreement. Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on their temporary assigned positions within those Contractsor on any other existing openings for which they are qualified. City If the displaced employees’ bids are accepted, said group of employees shall not be required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees.
9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, Child Nutrition Vended.
9.06 The following classifications shall be assigned to the specified series listed above: 9.0601 Child Nutrition Production
1. Production Kitchen Manager
2. Cafeteria ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.3. Food Production Assistant
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force4. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixChild Nutrition Assistant
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force136 The University endeavors to provide continuing employment for employees. However, and reductions in work force may be necessar y due to lack of funds, lack of work, and/or other cause, not to undermine the manner in Association. Whenever practicable, the reductions should be made by restricting recruitment, transfers to vacant lateral or lower level positions where the employee is capable of performing the work and/or normal attrition, but if deemed necessary by the University, layoffs will be utilized. GENERAL PROVISIONS -137 Employees to be laid off shall be given a minimum of thirty (30) calendar days notice--a copy of which will be sent to the Association President --not to be offset by accrued vacation. -138 Within a unit, probationary employees will be separated before non - probationary employees are laid off, where it is executeddetermined that the non -probationary employees are able to pe rform the work within a ninety (90) day evaluation period.
A. Where ability to perform the work remaining is equal, applies to all Teamster represented positions onlythe Employer will follow these priorities for reduction in force:
1. Employees, who have worked in any Employees with unsatisfactory records before employees with satisf actory records.
2. Employees with short service before employees with long service. OFFICE OF THE PRESIDENT Office of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇President Internal Audit OFFICE OF THE ▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval AND VICE PRESIDENT FOR ACADEMIC AFFAIRS Office of the City Council ▇▇▇▇▇▇▇ and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice Vice President for Academic Affairs Administrative Information Services Broadcasting Services Clinical Center/MSU Health Team Administration Computer Laboratory Department of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu Aero space Studies Department of noticeMilitary Science Enrollment Services Facilities Planning and Space Management Faculty Grievance Official Honors College Instructional Media Center Libraries MSU Press Office for Affirmative Action Compliance and Monitoring Offic e of Academic Human Resources Office of Admissions and Scholarships Office of Curriculum & Catalog Support Office of Financial Aid Office of Planning and Budgets Office of the Assistant ▇▇▇▇▇▇▇ and Assistant Vice President for Academic Human Resources Office of the Assistant ▇▇▇▇▇▇▇ for Academic Student Services and Multicultural Issues Office of the Assistant ▇▇▇▇▇▇▇ for Undergraduate Education and Academic Services Office of the Associate ▇▇▇▇▇▇▇ Office of the Director, an equivalent amount Undergraduate University Division Office of salarythe Registrar Office of the Vice ▇▇▇▇▇▇▇ for Libraries, based on Computing and Technology Office of the employeeVice ▇▇▇▇▇▇▇ for University Outreach ▇▇▇▇ Health Center Ombudsman Performing Arts Facilities & Programs Resource Center for Persons with Disabilities Secretary for Academic Governance Student Athlete Support Services Supportive Services Teaching Assistant Program University Archives & Historical Collections Upward Bound Women’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixResource Center
Appears in 2 contracts
REDUCTION IN FORCE. Reduction In ForceSection 1. The Association recognizes the Board's right to reduce the number of Administrative personnel.
Section 2. For the purpose of this Article, the term "reduced" shall mean the termination of an Administrator from a position within the bargaining unit.
Section 3. Employment shall be by written contract which is renewed for an additional one year period unless written notice of non-renewal of the contract is given at least sixty (60) days before the termination date of the contract.
Section 4. Every year the Assistant Superintendent or designee will review the Administrative requirements for certification. Administrators must maintain current certification. The individual without administrative certification and/or administrative requirements may be released.
Section 5. An Administrator shall retain their tenure status as defined in the Michigan Tenure Act.
Section 6. The sequence of Administrative personnel layoffs shall be as follows:
A. Any Administrator with an expired certification and/or who has not met administrative requirements.
B. Has not met certification requirements.
C. If a further reduction in Administrative staff becomes necessary, said reduction shall be accomplished by the Board's consideration of the following factors. Such consideration shall include, but not be limited to: - Annual administrative evaluations - Professional training and experience. - Other provisions as established by law. The Board decision and rationale shall be shared with all Administrators affected and the manner in which it President of AOPSA.
D. Release the Administrator. If an Administrator is executedreleased from their Administrative responsibilities and he/she has the highly qualified certification, applies he/she will be able to all Teamster represented positions onlybump into the teacher's bargaining unit.
Section 7. Employees, Administrators who have worked in any been reduced shall retain all accumulated sick leave.
Section 8. The Board shall rescind letters sent to Administrators under Act No. 451 of the collective Public Acts of 1976, as amended (MCLA 380.247) as soon as sufficient information is available to warrant such action.
Section 9. In the event that a member of the bargaining agreements between Teamsters Local 14 and unit, after being reduced, is subsequently re- assigned to a position covered by this bargaining unit, they shall be re-assigned to the CITYnext step on the salary schedule above that they held at the time of reduction, retain seniority and reduction in force rights for previously held positions within those Contractsprovided, however, that such Administrator had completed a full year as an Administrator at the previous step.
Section 10. City Effective 2010-11 any member of ▇▇▇▇the ▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held that serves in an interim position within these Contracts.
Section 1: A Reduction In Force may take place upon approval and becomes the full time equivalent of the City Council and is defined as any involuntary separation wherein management eliminates a positionposition will accrue seniority from that point forward.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force21-1 The School District retains the right, without negotiation, to determine when a reduction in force is necessary, the number of individuals whose employment must be terminated, and the manner areas of employment and/or school district operations within which such reductions in force will occur. Before the District initiates any reduction in force, the District will notify the president or a member of the Classified Executive Board at least fourteen (14) days prior to the written sixty (60) calendar day notification. (2011) 21-2 Reductions in force will be accomplished in accordance with the procedures hereinafter set forth.
21-2-1 Reduction shall be made first among all probationary employees whose employment is within the areas of employment and/or school district operations within which such reductions in force will occur. (2010) 21-2-2 District seniority within the targeted job family will determine the order of reduction in force. If the employee is RIF’d from a targeted job family and has seniority in other families, the employee retains bumping rights in their previous family. (2014)
21-2 3 If an employee assumes a lower paying position he/she will be guaranteed his/her present hourly wage for at least one (1) full calendar year. (2013) 21-2-4 Those RIF’d employees with seniority will be placed first, in a lateral position with hours and days, if possible, remaining the same. The RIF’d employee with seniority shall be able to bump like-to-like within the targeted family with less seniority starting at the last hired with same hours and days, if possible. (2014) 21-4 Released employees shall be considered on leave of absence for three (3) years from the date of lay- off. After three (3) years, the District has no obligation to recall the laid-off employee. Each employee placed on leave of absence, as aforementioned, shall be reinstated in the reverse order in which it they were dismissed at such time as there is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position open for which they previously held are qualified, without resulting in promotion. (2013) Open positions will be advertised within the CITY.
district for transfer requests from existing employees first before RIF employees are recalled from the recall list. A recalled employee will be reinstated at the same salary step and benefits (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to 21-2) as when they were released or the next higher salary step if they completed at least six months on the previous salary step and would have moved to a training period of up to sixhigher step if they had not been RIF'd. The recalled employee will also be reinstated with their original seniority date. (2014)
Appears in 2 contracts
Sources: Negotiation Agreement, Negotiation Agreement
REDUCTION IN FORCE. Reduction In Force8-1 Prior to any programmatic or budgetary position elimination proposal by staff to the Governing Board, ▇▇▇ shall, in writing, be provided with information regarding the reasons for such proposals in sufficient time to respond. Staff will be consulted on a regional or divisional basis in
8-2 If an administrator or psychologist has not had their contract renewed for programmatic or budgetary reasons, for a period of three years they shall be offered a site level interview for any available, comparable position in the District where appropriate certification is met. An administrator or psychologist who has not had their contract renewed because of performance evaluation or unprofessional conduct will not be provided such opportunity.
8-3 At the discretion of the Superintendent, administrators and psychologist who have had their contract non-renewed for programmatic or budgetary reasons may be recommended for assignment to vacant positions in accord with their credentials, experience, and qualifications.
8-4 If recalled in accord with 8-3 above, all unused sick leave accrued up to the manner point the RIF took effect would be restored if it has not been paid out at the time of separation.
8-5 After June 30, RIFed employees shall, upon request, be allowed to continue their health insurance coverage by paying the premium themselves. All RIFed employees shall be eligible for COBRA benefits as described on the District’s website. However, the District will pay the full cost of
8-6 A RIFed administrator who accepts a teaching position in which it is executed, applies the District pursuant to all Teamster represented positions onlyArticle Ten may elect to receive an immediate payout of their sick leave accrued through their current administrative contract with the District. Employees, who have worked in any Notice of that election must be submitted to Human Resources on or before November 30 of the collective bargaining agreements between Teamsters Local 14 and school year immediately following the CITY, retain seniority and reduction in force rights for previously held positions notice of non-renewal as an administrator. The accrued sick leave shall be paid within those Contracts. City 45 days of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval notice of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) election being provided to Human Resources. The CITY may eliminate any position.
(b) Notice rate of at least thirty (30) calendar days the payout will be given calculated pursuant to employees whose positions are reduced through a Reduction In Forcethe provisions of Article 9. In lieu of noticeA RIFed administrator who does not elect the immediate payout option will maintain their accrued sick leave balance, an equivalent amount of salarywhich balance and additional accruals, based on the employee’s regular work scheduleif any, will be paid out at separation from the District according to the employeeprovisions of the bargaining group agreement pertaining to the employee group the employee is in at the time of separation (e.g. Consensus).
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Meet and Confer Agreement, Meet and Confer Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner The procedures contained in which it is executed, applies this Article apply only to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contractsother than through attrition. City A reduction in force occurs when the Board decides to suspend contracts in order to reduce the number of ▇▇▇▇▇▇▇▇▇ employees working outside because of these Contracts have no seniority rights decreased enrollment of pupils, suspension of schools, territorial changes affecting the district, employees returning from leaves of absence, or financial reasons. The Board’s decision not to return to fill a previously held position within these Contractsvacancy shall not be considered a reduction in force.
Section I. Thirty days before the Board makes the final decision that a RIF will occur, the Board will notify the Association with a list of positions to be eliminated and a list of employees who will be affected. The Association has the right to discuss and question the decision.
II. Reductions shall be made by suspending contracts based upon the Superintendent’s recommendation. The contracts to be suspended will be chosen as follows:
1: A Reduction In Force may take place upon approval . All employees will be placed on a seniority list for each area of work for which they are properly qualified.
2. Seniority will be defined as the length of continuous service as a full-time or part- time bargaining unit employee under contract in this district.
a) Board approved leaves of absence will not interrupt seniority but time spent on such a leave shall not count toward seniority.
b) If two or more employees have the same length of continuous service, seniority will be determined by:
(1) the date of the City Council Board meeting at which the employee was hired, and is defined as any involuntary separation wherein management eliminates a positionthen by
(2) the date of application.
(a3) The CITY may eliminate any positionremaining ties will be broken by lot.
(b) Notice III. The names of at least thirty (30) employees whose contracts are suspended in a reduction in force will be placed on a recall list for up to 30 months from the date the reduction takes effect. For recall purposes, a half-time employee may be recalled for a half-time position and a full- time employee may be recalled to full-time position. With the above exceptions, each employee will remain on the recall list until the earlier of the following:
1. He/she has been recalled.
2. He/she does not accept recall by responding in writing to the Superintendent within seven calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount receipt of salary, based on the employee’s regular work schedule, will be paid to the employeerecall letter.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction In ForceSection 12.1 The City agrees that in the event that the possibility of a lay-off exists, and the manner in which it or is executedcontemplated, applies to all Teamster represented positions only. Employees, who have worked in any affecting employees of the collective bargaining agreements Police Division, the City will notify the Union representatives by written notice no later than twenty-one (21) calendar days prior to the first day of the possible lay-off. Such notification shall be for the purpose of establishing discussions between Teamsters Local 14 and the CITYparties in order to develop mutually acceptable alternatives to prevent or overcome the need for the proposed lay-off. Upon request of the Union, retain seniority and reduction in force rights for previously held positions the City shall conduct a labor/management conference within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights said twenty-one (21) days to return to a previously held position within these Contractsdiscuss proposed lay-offs.
Section 1: A Reduction In Force may take place upon approval 12.2 When it becomes necessary in the Police Division, through lack of work or funds or for other causes, to reduce the City Council and is defined force of such Division, lay-offs shall be conducted on a classification basis as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days determined by the City. Employees will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on laid off from the employee’s regular work schedule, will be paid to affected classification in accordance with their seniority with the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, employee(s) with the following procedure will apply:
(a) All temporary and regular part-time would be least seniority being laid off first. Employees An employee laid off shall be allowed to bump less senior employees in positions for which the senior employee is qualified. When a position above the rank of Police officer is abolished and the incumbent in that are serving position has been permanently appointed, the twelve (12) month probationary status officer with the least seniority within the classification that is rank of the position abolished shall be demoted to the next lower rank and the officer in the next lower ranks shall be reduced demoted, and so on down until the person with the least seniority has been reached, who shall be laid off next. Should a probationary employee be off.
Section 12.3 Employees who are laid off shall be placed on a recall list for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodtwo (2) years. If rehired before that timeframethere is a recall, they will employees who are still on the recall list shall be given previous credit towards recalled in the completion inverse order of their probationary periodlay-off. An employee may be recalled to any position for which he is qualified. If the position he held before being laid off subsequently becomes available and if the employee has been recalled to a different position, the employee shall have first option to return to that position.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward Section 12.4 If an employee is recalled to a position for which they previously in a lower-rated job classification, he shall have the right to return to the job classification he held within prior to being laid off in the CITYevent it subsequently becomes available. The City shall not hire new employees in bargaining unit positions as long as there are still employees on the recall list who are presently physically qualified to perform the work in the affected job classification and are willing to be recalled to said classification.
(c) Regular employees who, as a result Section 12.5 An employee to be recalled will be informed of his re-employment in the form of a Reduction In Forcewritten notice. This notice shall be considered received by the employee when mailed by certified mail to the last-known address of the employee as shown on the City's personnel records. It shall be the responsibility of each employee on lay-off to keep the City advised of his current mailing address. Within fifteen (15) calendar days after notice of re-employment is mailed, are placed into previously held classification the employee must advise the City in writing of his acceptance of re-
Section 12.6 Employees so laid off may be subject elect to continue hospitalization, medical, and dental coverage by paying the monthly group rate premium in advance each month for a training period of up not to sixexceed eighteen (18) months. The employee shall pay the City's actual administrative expense for the coverage during the eighteen-month period, in accordance with his rights under COBRA.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceTo the extent possible, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and staff affected by a reduction in force rights will be minimized by the impact of attrition. However, if the Board determines it necessary to reduce the number of bargaining unit positions for previously held positions within those Contracts. City reasons of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to decreasing student enrollment, return to duty or regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, or for financial reasons, further reductions will be made in accordance with the following procedures:
A. When the Board determines in any school year that there is a previously held position within these Contractsneed to suspend employees' contract(s), the GHESSA will be given written notice of such possibility ninety (90) days before the effective date of any reduction. Upon written request, the Board will provide the GHESSA president with written data concerning student enrollment, bargaining unit members' seniority, names of employees on leaves of absence, and financial information.
Section 1: A Reduction In Force may take place upon approval B. The GHESSA will make every effort to encourage staff who will be on leave, returning from leave, resigning or retiring, to notify the Superintendent in writing on or before the date of intended reduction in force.
C. The GHESSA President will be given the opportunity to make suggestions to the Superintendent before the recommendation for suspensions of contracts is made to the Board.
D. The GHESSA President and those staff who (prior to the exercise of any bumping rights) are being recommended for suspension by the Superintendent shall receive notice in writing on or before forty-five (45) days before the effective date of any reduction in force.
E. All members of the City Council bargaining unit shall be placed on a seniority list by classification. Staff serving under continuing contracts will be placed at the top of the list in descending order of seniority. Staff serving under limited contracts will be placed on the list under continuing contract staff, also in descending order of seniority. Staff will be arranged in the following classifications: secretary, custodian, maintenance, paraprofessional, health services paraprofessional, food service, clerical, child care attendant, groundskeepers, accounting clerks, occupational therapy assistants, technology and is network specialist assistant, data and student services coordinator.
F. Seniority will be defined as any involuntary separation wherein management eliminates a positionthe length of uninterrupted continuous service as an employee under regular contract in the Grandview Heights Schools.
1. Board-approved leaves of absence and time on RIF will not interrupt seniority.
2. Resignation, termination, non-renewal, and other leave not approved by the Board will interrupt seniority for purposes of reduction in force and recall.
3. If two (2) or more staff has the same length of uninterrupted continuous service, seniority will be determined by:
a) The CITY may eliminate any positiondate of the Board meeting at which the employed was hired; and then by
b) Th e c a s t in g o f a lo t .
(b) Notice of at least thirty (30) calendar days 4. Recommended reductions in a classification will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based made by selecting the lowest person on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be seniority list in that area of classification being laid off first. Employees An employee affected by a RIF in his/her classification may elect to displace a bargaining unit member who has less seniority in a different classification with a lower pay scale, provided the employee who decides to bump into a classification other than his/her current one:
a) Has the requisite qualifications for the other classification, as determined by the Superintendent. The Superintendent's determination, as to the qualifications necessary to bump, is not grievable. Any required certification/licensing for the position must be possessed at the time of the RIF for a qualified individual to bump into one of those classifications.
b) A decision to bump into another classification or not to bump must be made at the time the employee is notified that are serving the twelve (12) month probationary status within the he/she will be RIF'ed. A bargaining unit member who is laid off from one classification that and elects to bump into another classification is to be reduced paid at the beginning step of the new classification and advance thereafter according to the experience in that classification, and forfeits recall rights as delineated below.
G. The names of bargaining unit members who are affected by the reduction in force shall be laid off nextplaced on a recall list for up to thirty-six (36) months from the date of the reduction. Should Those on the recall list shall have the following rights:
1. Staff on the recall list will be recalled in reverse order of the layoff or vacancies in their classification.
2. If a probationary employee position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, an attempt will first be laid off for a period made to consider the filling of time longer than they worked such position from employees on the recall list. Employees on the recall list must be qualified for the City position and are subsequently rehiredshall fill the position as described in Section 4(a) above.
3. If a position initially abolished is re-instated, they a new position becomes available, or a vacancy occurs, the Board will send an announcement by first class mail to the last known address of each employee on the recall list who is qualified according to their prior classification.
4. It is the employee's responsibility to keep the Board informed of his/her current address, qualification, and experience. The Board shall not be held responsible for the employee's failure to comply with the provisions of this Section. Each employee is required to respond by certified mail or by hand delivery to the district office as to whether or not the position will be required accepted. The most senior qualified bargaining unit member who accepts the position in his/her old classification, or any new classification, and who responds in writing within ten (10) calendar days of mailing of any notification, shall receive the position. Any bargaining unit member who fails to serve respond by certified mail or personal delivery within ten (10) calendar days, or who accepts comparable employment elsewhere; or who declines an offered position within the school district, shall forfeit all recall rights.
5. An employee on the recall list, upon the acceptance of a full 12 month probationary periodposition, shall return to active employment status with the same accumulation of sick leave, vacation time, and salary schedule placement as he/she enjoyed at the time of lay off if employed in the same classification. If rehired before employed in a different classification, the employee must accept placement on the salary schedule as identified previously in Section 4(b).
6. Where group insurance policies permit, an employee whose contract has been suspended may continue to participate in those benefits which are provided to those employees in active employment, provided that timeframethe employee pays the total premium to the Board's Treasurer one (1) week prior to the date the Board normally pays the premiums to the company.
7. These procedures apply only to the suspension of contracts for reasons as set forth in the first paragraph of this Article. This Article shall not require the Board to fill any vacancy nor shall it interfere with any other lawful personnel practice in the district.
H. Any employee who has been notified that his/her contract has been suspended shall have the right to:
1. Be informed of his/her position on the seniority list, they if requested.
2. Be placed at the top of the substitute list according to seniority for first call, if requested. The GHESSA President will be given previous credit towards sent a list of the completion names of their probationary periodemployees who have been sent recall notices at the time of such recall meetings.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. This Reduction In Forcein Staff Procedure shall apply only to teachers who are “tenured” under applicable provisions of Kansas Law.
1. Reduction in Personnel – staff certification, length of service in Wabaunsee, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of last three evaluations will be the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights governing criteria for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contractsstaff reduction.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given 2. Recall – • Prior to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placelayoff, the following procedure Board will apply:
(a) All temporary and regular part-time would attempt to place the employees to be laid off firstin other teaching positions. Employees that • Individuals who are serving the twelve (12) month probationary status within the classification that is to be reduced laid off shall be offered recall in reverse order to layoff to vacant positions for which they are certified to fill in accordance with the procedures set forth in this article. • Teachers who are laid off next. Should a probationary employee shall be laid off eligible for recall for a period of time longer than they worked two years following reduction in force. • Teachers who are laid off are obligated to keep the district notified of their current address, phone number, and whether the teacher wishes to be considered for the City and are subsequently rehired, they recall. • Recall will be required initiated upon the existence of a vacancy in the district. Teachers recalled shall have seven days from notification of the recall to serve a full 12 month probationary periodaccept or reject the position. If rehired before no notice is given within the seven-day period, the teacher shall have waived any right to recall for that timeframe, they job and the board may proceed to fill the position. • No new or substitute positions shall be filled while there are laid off employees available to fill the vacancies. • No teacher will lose his recall rights if s/he secures other employment during the layoff. • Any employee recalled shall be given previous credit towards full salary, related benefits and experience as if continuously employed by the completion of their probationary period.
(b) Regular employees whose positions are reduced district. • Any employee laid off shall be permitted accorded recall rights unless specifically waived in writing. The Board shall annually provide the WEA with a current list of those who have retained these rights. WEA shall have the right to exercise their CITY seniority to move laterally or downward to file a position grievance for which they previously held within a teacher who is not currently employed if it appears that recall rights have been violated if the CITYindividual teacher also signs the grievance.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction (1) In Forcethe event of a decrease in the work force or transfer, and it shall be the manner Company’s policy to take into consideration the following three (3) major factors in determining which it is executedemployee shall be displaced, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.laid off or recalled:
(a) The CITY may eliminate any position.seniority of the employee;
(b) Notice The ability, knowledge, training, skill of at least thirty the employee concerned to do the work within a reasonable period of time; and
(30c) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based The employee’s Overall Numeric Performance Score on the scale established by the Company on the employee’s regular work schedulemost recent Performance Appraisal; When two or more employees can meet the established requirements, the most senior employee with an Numeric Performance Score of “2” or better, will be paid to given preference. Where none of the employee.
Section affected employees received an Numeric Performance Score of “2: When a position is reduced and/or a Reduction In Force takes place” or better, the following procedure Company shall take into consideration the affected employees’ skill, ability to perform the work, knowledge and qualifications. If those factors are equal, seniority will apply:
(a) All temporary and regular part-time would be laid off firstgovern. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced In determining which employees shall be laid displaced, laid-off next. Should or recalled, the Company shall exercise its judgment in good faith and in a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodnon-arbitrary manner.
(b2) Regular employees whose positions are reduced shall Provided an affected employee has the skills, knowledge, qualifications and ability to do the job with a four (4) week training period, the employee will be permitted eligible to exercise their CITY seniority to move laterally or downward to a position for which they previously held within bump in accordance with the CITYcriteria set out in Article 10.01(1).
(c3) Regular employees whoAn employee laid off due to lack of work will be recalled on the basis that the last person laid off would be the first person recalled. This is provided that the employee has retained recall rights and that the employee has the skill, as ability, knowledge and qualifications to fill the vacancy.
(4) Employees are not entitled to bump into higher classifications.
(5) An employee who bumps will be paid at the regular basic rate for the classification into which (s)he bumps in accordance with Appendix A1, A2 or A3, respectively.
(6) (i) a result temporary vacancy is a vacancy not exceeding 6 months. In the event a temporary vacancy occurs after an employee has been laid off, the laid off employee has retained recall rights, and has the skill, ability, knowledge and qualifications to fill the temporary position without any additional training, then the Company will provide the laid off employee with the opportunity to be recalled to perform the work of a Reduction In Force, are placed into previously held classification may be subject the temporary position prior to a training period of up to sixhiring additional temporary employees.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
REDUCTION IN FORCE. Reduction In ForceThe parties recognize the principle of seniority in the application of this Agreement, concerning reduction in force, provided the employee is fully qualified to perform the duties and responsibilities of the manner position. For purposes of this section, the term ‘position elimination’ shall mean that either that: 1) there is no job assignment available for an employee; or 2) that the employee’s scheduled time has been reduced below health insurance benefit eligibility, where the affected employee is actually participating in which it the district’s health insurance plan at the time of the reduction. An employee whose position has been eliminated or who has been displaced from a position by another employee pursuant to this agreement may not displace any other employee who is executedassigned to a greater number of scheduled hours, applies nor any employee who is assigned to a job classification requiring a higher level of licensure. Layoffs shall not be considered a break in continuous service. When a vacancy occurs, the position will be posted and filled according to the provisions of this Agreement. When any employees are on layoff, a vacant position will be available to all Teamster represented positions onlycurrent employees for application, but an employee on layoff may apply for such a position. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, An employee on layoff shall retain this seniority and reduction right to recall in force rights seniority order for previously held positions within those Contractsa period of sixteen (16) months after the date of layoff. City of An employee whose position is to be reduced will be notified in writing, with a copy to the union ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights . If an employee is to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of be recalled after layoff, the City Council and is defined as any involuntary separation wherein management eliminates a position.
(district will either a) The CITY may eliminate any position.
(have verbal conversation with the employee; or b) Notice send written communication of at least thirty (30) calendar days will be given a registered letter, receipt requested, to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work scheduleaddress on file with the district notifying the employee of the recall, with a copy to the union ▇▇▇▇▇▇▇. It is the employee’s responsibility, while on layoff, to ensure that the district has accurate contact information for the employee. An employee may notify the district in writing in advance of dates when the employee will not be able to receive mail at the employee’s address on file, (i.e., the employee is on vacation, at a forwarding address, out of town, etc.) If the employee will be paid to unavailable, as stated above, and the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeemployee provides the district with an alternate contact method, the following procedure district will apply:
use the alternate contact method to notify the employee of the recall if one arises. The notice of recall will specify by when the employee must accept the recall in order to retain continued employment. The period offered for consideration will be no less than three (a3) All temporary and regular part-time would calendar days. The three calendar days for consideration shall commence when the district provides the alternate notice. If the employee cannot be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off contacted for a period of time longer than they worked time, the district will hold the position for the City and are subsequently rehiredemployee’s consideration for one (1) calendar week. If the employee does not respond to the notice of recall within the specified time, they or if the employee declines the recall, the employee’s employment will be required terminated and the employee will have no further rights to serve a full 12 month probationary periodrecall. If rehired before that timeframethe employee accepts the recall, they the employee will not be given previous credit towards expected to return to work in less than fourteen (14) calendar days after acceptance, unless the completion of their probationary perioddistrict and the employee mutually agree to an earlier return to work date.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. Reduction In ForceIf 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 manner in which it is executed, applies Union designee with a copy to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least Union President not less than thirty (30) calendar 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 to employees whose positions are reduced through a Reduction In Forcepreferential consideration for vacancies in other departments if the employee possesses the skill, ability and experience required in the vacant position. In lieu of noticelayoff, an equivalent amount 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 salaryvacant positions, based on and the employee’s regular work schedule, will employee shall be paid to at the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked wage established for the City and are subsequently rehired, they will lower job title. The employee may be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards placed at any step in the completion of range in accordance with their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees whoexperience, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixrecommended by the Department Head.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Procedure for Reduction In in Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and : When a reduction in force rights for previously held positions within those Contracts. City becomes necessary in a classification due to building closure, abolition of ▇▇▇▇▇▇▇▇▇ employees working outside classifications, lack of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval funds, lack of work or the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placereasons set forth in Ohio Revised Code section 3319.172, the following procedure will applyprocedures shall be employed:
(a) All temporary and regular part-time would A. The administration shall attempt to limit the employees affected by reduction in force by not replacing employees who resign, retire or otherwise vacate a position;
B. When layoffs occur, employees shall be laid off by seniority within the classification with the least senior employee laid off first. Employees that are serving the twelve (12) month probationary status within the classification that However, an employee who is to be reduced laid off and who had employment seniority with the Board in another classification (no more than ten (10) years previously) shall be laid off nextpermitted to bump into the other classification in which he/she had seniority if there are employees in that other classification with less seniority in that classification than the employee exercising bumping rights. Should In this instance the least senior employee with the number of hours equal to or closest to the reduced employee will be displaced. Qualifications for job positions shall not be changed when a probationary employee reduction in force is implemented until the bumping procedure has been completed;
C. The Board shall determine in which classifications the layoff shall occur and the number of employees to be laid off;
D. The Board shall furnish the association a list containing the names, seniority dates and classifications and indicate which employees are to be laid off, no later than seven (7) days prior to the effective date of layoffs. Each notice of layoff shall state the following:
1. Reasons for the layoff or reduction
2. The effective date of the layoff
3. A copy of the layoff and recall provisions of this contract Reinstatement List and Procedures:
A. For the classification in which layoffs occur, the Board shall prepare a reinstatement list and the name of all employees who have been suspended shall be placed on a reinstatement list in the reverse order of layoff. Reinstatement shall be made from the list before any new employees are hired in that classification.
B. Vacancies, which occur in the classification of layoff, shall be offered to and accepted within seven (7) days of receipt of notice by the employee standing highest on the layoff list.
C. Any employee who declines reinstatement or fails to respond within seven (7) days of receipt of notice of recall shall be removed from the reinstatement list. However, if an employee declines reinstatement during the term of this agreement to a position of fewer hours than the position the employee was originally laid-off from, the employee shall retain any and all rights as determined by unemployment and shall also retain their rights to recall for the balance of their individual recall period calculated from the original date of layoff.
D. The notice of recall shall be made by certified mail to the last address on file with the superintendent. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to have declined reinstatement seven (7) days after postal delivery by certified mail was attempted.
E. The employee’s name shall remain on the recall list for a period of time longer than they worked one (1) year from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority.
F. An employee who has been laid off and is on the recall list shall not earn service credit for placement on the pay schedule for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixtime he/she is laid off.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction
A. If it becomes necessary to reduce the number of teachers covered by this Agreement, the Committee shall attempt to accomplish said reduction by attrition.
B. When the School Committee determines that full or partial staff reductions are necessary, it shall determine the order in which teachers are laid off in accordance with the following procedures:
1. No teacher with professional status shall be laid off if there is a teacher without such status for whose position the covered employee is currently certified.
2. Among teachers with professional status, the Committee shall lay off teachers within disciplines based on a teacher’s job performance and the best interests of the students.
a) A teacher’s job performance shall be determined by his/her overall summative performance evaluation ratings, including all summative evaluation ratings written for the time period equal to the tenure of the most recently hired professional status teacher in the targeted discipline. Ratings of Proficient and Exemplary shall be considered equal.
b) The best interests of the students shall be considered equal unless written discipline has been issued to a teacher for conduct that jeopardized the safety or self-esteem of students in the course of his/her professional duties. If there is a tie using the above criteria, the tie shall be broken by seniority, with the least senior teacher in the discipline targeted laid off first.
C. A teacher with professional status who is notified of a total or partial reduction shall have the opportunity to receive an involuntary "RIF leave of absence" in lieu of dismissal. Such leave of absence shall be for a twenty-four month duration. In Forceorder for a teacher to elect the involuntary "RIF leave of absence" the teacher must, within fourteen (14) days of written notification from the Superintendent of Schools of intent to recommend reduction, execute on a form provided by the Superintendent, a waiver of any present or future rights under Chapter 71, Section 42, of the Massachusetts General Laws. Should the teacher be recalled, the waiver shall become null and void.
D. Seniority (length of service) shall indicate the years, months and days in the Bargaining Unit provided that the seniority of present teachers as of the effective date of this Agreement shall consist of their length of service as defined above from their initial date of employment (not hiring) by the Committee. For purposes of computing seniority, time spent on the following types of leaves shall be included: paid sabbatical leave, a paid leave of absence granted by the School Committee for any other reason, military leave, or any leave for which increment credit is granted, leave granted to serve in the Peace Corps, as an exchange teacher or other service judged comparable by the Superintendent, and absence due to personal injury for which seniority credit is granted pursuant to this Agreement. Seniority of part-time teachers shall not be prorated but rather shall be treated as if they had always been employed on a full-time basis. In cases of identical initial date of employment, seniority shall be determined by the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any drawing of lots by such employees.
E. A list specifying the seniority of each member of the collective bargaining agreements between Teamsters Local 14 Bargaining Unit shall be prepared by the Superintendent and forwarded to the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval President of the City Council Association as soon as reasonably possible following the execution of the Agreement, and annually thereafter on September 1. If no challenge to the list is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least made by the Association within thirty (30) calendar days of receipt of the list, the list stands as written.
F. Teachers with professional status on an involuntary "RIF leave of absence" shall be given preference for filling the full or part-time positions from the discipline from which they were laid off. In addition, teachers with professional status on an involuntary “RIF leave of absence” shall be considered for recall to other full or part-time positions which the Superintendent and the School Committee deem them suitable. In filling vacancies from among those teachers on recall, the criteria used shall be the same as the criteria used for the purpose of layoff in Paragraph B of this Article. In the case of a partial reduction, which is later restored to full time, a vacancy shall exist and shall be filled in accordance with the criteria in Paragraph B.
G. It shall be the responsibility of the teachers on an involuntary "RIF leave of absence" to keep the Superintendent’s Office informed of their current address. Failure to accept a full-time position in writing within fourteen (14) days of a written offer shall be deemed a rejection and the "RIF leave of absence" shall expire.
H. In the event that two or more positions become simultaneously available so that the teacher awaiting recall on the list may be assigned more than one position, the Committee will make a good faith effort to assign the eligible teacher to the available position most comparable to that position from which the eligible teacher was laid off. The eligible teacher will be consulted with respect to his/her opinion of which available position is the most comparable position prior to his/her assignment.
I. Teachers on an involuntary "RIF leave of absence" will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based first consideration on the employee’s regular work schedule, will be paid to substitute list if they inform the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is Superintendent in writing of their intention to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodso employed.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and District retains the manner right described in which it is executed, applies NRS 288.150(3)(b) to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction reduce in force rights for previously held positions within those Contracts. City or layoff any employee because of ▇▇▇▇▇▇▇▇▇ employees working outside a lack of these Contracts have no seniority rights work or lack of money, as determined by the District, subject to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forceprocedures described in this article. In lieu the case of noticea personnel reduction and/or a reduction of services, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid due to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placelack of work or lack of money, the following procedure will apply:
(a) All temporary and regular part-time would employee with the least seniority shall be laid off first. All reduction in force shall be established by seniority in the Department. Departmental seniority shall be established from Article 50. Employees that shall be recalled in the order of their seniority. No new employee shall be hired until all laid-off employees have been given opportunity to return to work.
1. The District shall notify the Union of the need to reduce the number of employees who are serving the twelve (12) month probationary status on payroll within the bargaining unit at least ninety (90) days before the effective date of a layoff. Such notice shall be given in writing addressed to the Union by certified mail. The notice shall disclose the number of positions affected, the rank or classification of each position so affected, and the division or divisions, if any, which are to be affected. Immediately after issuing the notice, the District shall give the Union a reasonable period of time, of no less than thirty (30) days, within which it shall meet and negotiate. The District shall respond to any proposals, which the Union may make in response to the subject matter of notice.
2. Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force or the disbandment of any division shall be given written notice, at least sixty (60) days before such action is to occur, of the date, purpose and nature of the action that is to be reduced taken with regard to him or her. The notice shall state the reasons for the action, and any rights, which the employee may have under the Department Policies and Procedures or this agreement with regard to his or her employment. A copy of the notice also shall be delivered to the Union.
3. In the event that a reduction in force results in the need for a redistribution of employees from superior ranks to lesser ranks, such reductions in ranks shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion.
4. An employee who is laid off nextshall be paid for all accrued time in accordance with this agreement.
5. Should a probationary employee be All employees who are reduced in rank or laid off shall not suffer any loss in benefit or entitlement accrued proper to the date of the action, e.g., holidays, vacation, personal leave, pension, and overtime, earned, accumulated and unused at the time of reduction in rank or layoff.
6. Each employee who is bumped out of rank or classification shall, in turn, be reduced only one rank, to the rank or classification immediately junior. This shall not pertain to layoffs, which shall be consistent with District seniority rights.
7. The employee shall receive the maximum salary for the lower grade. If the current salary is less than the maximum of the lower grade, the employee shall receive the closest salary rate of the lower grade.
8. No employee shall be promoted in a period class where a demotion occurred due to a Reduction in Force until those who were demoted are offered positions in that Class.
9. For the purpose of this article, employee is representative of those non- supervisory, supervisory, and emergency support personnel covered under Article 2 of this agreement.
10. In the event the District determines that it will offer employees incentives for voluntary, early separations of service or retirement, the District shall establish the criteria for eligibility and the amount of such incentive. Employees who elect to accept such offers may accept the incentive as a lump sum payment, and/or apply the incentive towards PERS credit purchases.
11. In the event a management level position such as Battalion Chief or other position outside of the positions represented by Local 3895 is eliminated and results in a layoff of those personnel, the affected person shall have the right to return to his/her previously held position provided they were promoted out of Local 3895 and not hired from the outside. Upon returning to said position, the class seniority shall be set at the same amount of time longer than they worked that existed upon last occupying such position. Any seniority that was accumulated in a management level position shall be excluded from the class seniority for the City and are subsequently rehired, they will re-occupied position. In no event shall this provision be required utilized to serve circumvent a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary perioddisciplinary demotion or voluntary demotion.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceWhen, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in for any of the collective bargaining agreements between Teamsters Local 14 and following reasons that apply to any city, exempted village, local, or joint vocational school district or any educational service center, the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days board decides that it will be given necessary to employees whose positions are reduced through reduce the number of teachers it employs, it may make a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will applyreasonable reduction:
(a1) All temporary and In the case of any district or service center, return to duty of regular part-time would be laid off first. Employees that are serving teachers after leaves of absence including suspension of schools, territorial changes affecting the twelve district or center, or financial reasons;
(122) month probationary status within In the classification that case of any city, exempted village, local, or joint vocational school district, decreased enrollment of pupils in the district;
(3) In the case of any governing board of a service center providing any particular service directly to pupils pursuant to one or more interdistrict contracts requiring such service, reduction in the total number of pupils the governing board is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards provide with the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, service under all interdistrict contracts as a result of the termination or nonrenewal of one or more of these interdistrict contracts;
(4) In the case of any governing board providing any particular service that it does not provide directly to pupils pursuant to one or more interdistrict contracts requiring such service, reduction in the total level of the service the governing board is required to provide under all interdistrict contracts as a Reduction result of the termination or nonrenewal of one or more of these interdistrict contracts. In Forcemaking any such reduction, any city, exempted village, local, or joint vocational school board shall proceed to suspend contracts in accordance with the recommendation of the superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. The board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. On a case-by-case basis, in lieu of suspending a contract in whole, a board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. The teachers whose continuing contracts are placed into previously held classification may be subject suspended by any board pursuant to this section shall have the right of restoration to continuing service status by that board if and when teaching positions become vacant or are created for which any of such teachers are or become qualified. No teacher whose continuing contract has been suspended pursuant to this section shall lose that right of restoration to continuing service status by reason of having declined recall to a training period position that is less than full-time or, if the teacher was not employed full-time just prior to suspension of up the teacher’s continuing contract, to sixa position requiring a lesser percentage of full-time employment than the position the teacher last held while employed in the district or service center. Seniority shall not be the basis for rehiring a teacher, except when making a decision between teachers who have comparable evaluations. Teachers being recalled shall be notified by certified mail and shall have ten (10) days from the date of receipt to respond affirmatively. It shall be the teacher’s responsibility to make appropriate arrangements for forwarding or receipt of mail if he/she will be away from his/her address for more than five (5) days. If the teacher fails to respond in the affirmative, he/she shall be removed from the recall list and the Board shall have no further obligation to him/her. Teacher(s) who have had their contracts suspended due to this procedure shall have the responsibility of providing the board with a current, permanent address. The recall list for limited contract teachers shall be maintained for three (3) years from the date the employee became unemployed.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. Reduction
6.1 In Forcethe event of a reduction in force, and layoffs will be made within the manner Association. RIF shall be defined as a reduction in which it the work force beyond normal attrition. When a RIF is executedimplemented, applies the Executive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to all Teamster represented positions onlyreasonably minimize the impact for the RIF.
6.2 Employees will be laid off on the basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Employees, who have worked in any Seniority shall be defined as the length of service within the District as a member of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these ContractsAssociation.
Section 1: A Reduction 6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In Force may take place upon approval of no case will a new employee be employed by the City Council and is defined as any involuntary separation wherein management eliminates District while there are RIF’d employees who are qualified for a vacant or newly created position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees 6.6 Employees whose positions are reduced through have been eliminated due to reductions in work force or who have been affected by a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on layoff shall have the employee’s regular work schedule, will be paid right to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to assume a position for which they previously are qualified, which is held within by the CITYleast senior employee. Unused sick leave
6.7 An employee transferred because of layoff may exercise his/her seniority to return to a position similar to that vacated owing to lay-off, provided that qualifications are equal to that of others also applying for this position.
6.8 Employees to be laid off shall receive no less than thirty (c30) Regular days notice prior to lay- off. In a normal budget cycle, if the School Board authorizes, then the date for notification to employees who, receiving a RIF shall be no later than July 1.
6.9 The District shall notify the Association officers prior to layoff notices being sent to employees and provide detailed reports of the financial status of the district as requested.
6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the bargaining unit.
6.11 Laid off employees shall be recalled in reverse order of layoff to any position for which they are qualified.
6.12 RIF’d employees shall retain their seniority for purposes of recall for a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixtwo
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which A. It is recognized that it is executed, applies to all Teamster represented positions only. Employees, who have worked in any within the sole discretion of the collective bargaining agreements between Teamsters Local 14 and Leicester School Committee to reduce staff, if necessary, because of a decrease in enrollment, fiscal restraint, lack of funds, or any other reason sufficient under the CITYGeneral Laws of Massachusetts. Whenever possible, retain seniority and necessary reduction in force rights for previously held positions within those Contractsshall be accomplished through natural attrition.
1. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return Any professional status faculty that is subject to a previously held position within these Contractsreduction in force shall be notified in writing and meet with their building principal prior to public notification.
Section 1: A Reduction In Force 2. Within three (3) school days, the affected member may take place upon approval of request a meeting with their building principal and/or the City Council and is defined as superintendent to present any involuntary separation wherein management eliminates a positionadditional information that could affect the process.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force3. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid event the School Committee finds a need to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placereduce bargaining unit positions, the following procedure will apply:termination/layoff process shall be effectuated within certification areas. Within a certification area, the most junior tenured faculty teaching therein shall be terminated/laid off first, except that the Committee may retain a junior tenured faculty when, in the judgment of the Committee, such junior faculty can be shown to be demonstrably superior in performance and/or relevant qualifications as they pertain to a specific certified position. The Committee must be prepared to substantiate the basis upon which such a decision is made.
(a) All temporary and regular part-time would 4. A professional status bargaining unit member to be laid off firstmay replace the most junior staff person in any other certification area, provided the displaced bargaining unit member is certified in the discipline. Employees that are serving However, in the twelve event the displaced member holds more than two (122) month probationary status within certifications, he/she/they may only exercise his/her/their bumping rights into the classification that discipline where the most junior member resides. Any bargaining unit member who is bumped out of his/her/their position through the application of this paragraph is also entitled to exercise any bumping rights he/she/they may have available. However, as in the case in sub-paragraph 3, the Committee may retain a junior tenured faculty over a more senior tenured faculty when, in the judgment of the Committee, the junior tenured faculty is demonstrably superior in performance and/or relevant qualifications as they pertain to a specific position. The Committee must be reduced prepared to substantiate the basis upon which such a decision is made.
5. Any bargaining unit member who is notified of contract termination shall be laid off nextentitled to use personal days as well as up to five (5) additional days paid leave to seek other employment. Should These additional days shall be taken from their accumulated sick days once all personal days have been depleted.
B. Definitions as used in this Article, the terms below shall be defined as follows:
1. Seniority (Senior) - a probationary faculty’s length of service as an employee of the Leicester School Committee in years, months, and days in the system commencing with the date of initial employment. All leaves of absence excluding paid leaves and leave for the military service shall be considered non-active service and shall not be included in determining the total length of active service. In the event of equal seniority, administration shall decide which employee will be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodoff.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collectively Bargained Agreement, Collectively Bargained Agreement
REDUCTION IN FORCE. 5.01 When the Board determines it is necessary to reduce the number of bargaining unit positions, the procedures and principles set forth in R.C. 3319.172 will be utilized. A Reduction in Force may occur for the following reasons:
A. Decline in student enrollment in the District or a particular program/class;
B. Return of an employee from a leave of absence;
C. Suspension of schools or territorial changes affecting the District;
D. Financial reasons;
E. Job abolishment (which could include the closure of one or more school buildings);
5.02 The following classifications shall be used for the purpose of defining classifications in the event of a layoff: Bus Drivers Head Custodian Custodians Mechanics Head Maintenance Maintenance
5.03 Within each classification affected, the Superintendent will give preference first to employees under continuing contracts and then employees will be laid off by classification seniority, with the least senior employee laid off first. Continuing contract employees shall have recall rights as authorized by law.
5.04 In Forcethe event of a reduction in force, the Board shall notify the union at least fourteen (14) calendar days before the reduction takes effect. Within ten (10) calendar days of such notification, a meeting may be scheduled at the request of the Union to discuss the reduction. In the event of a recall, the union will be notified as soon as possible. Advanced notice of a reduction shall not be required in the event of a reduction caused by an employee returning from a leave of absence.
5.05 An employee whose name appears on the recall list shall be offered re- employment in order of system seniority when a position in the bargaining unit becomes available that the laid off employee has previously held and for which the laid off employee is qualified, as determined by the Superintendent. Written notice of such vacancy shall be sent by certified mail to the employee's last known address. It is the employee's responsibility to keep his/her current address on file with the District for this purpose. If the employee fails to accept re-employment, in writing, post-marked within ten (10) calendar days from the date of the notification or attempted delivery, said employee will be deemed to have rejected the offer and will be removed from the RIF list. Employees shall remain on the RIF list for twenty-four (24) months from their last day of active service unless they fail to accept recall or waive their recall rights in writing prior to that time.
5.06 A continuing contract employee who is laid off shall not lose the right of restoration to continuing contract service status by reason of having declined recall to a position requiring fewer regularly scheduled hours of work than required by the position the employee last held while employed by the Board. Employees on the recall list may accept substitute positions without prejudice to their standing on the recall list if such employee is qualified to perform the substitute work, as determined by the Superintendent. Such employees will be given priority over other substitutes.
5.07 The Board will provide the Union Business Agent with a seniority list by October 30 of each school year. The list will include hire date and the manner in which it is executed, applies to all Teamster represented positions onlytype of contract (limited or continuing) held by the employee. Employees, who Employees and/or the Business Agent shall have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days to contest any inaccurate information contained on the seniority list. If no adjustments are necessary, the seniority list will be given to employees whose positions are reduced through a Reduction In Force. In lieu final until November 30th of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodschool year.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
REDUCTION IN FORCE. Reduction In Force, and 11.01 The Union recognizes the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any right of the collective bargaining agreements between Teamsters Local 14 and Employer to lay off a employee(s) when the CITY, retain seniority and Employer de- termines a reduction in force rights is necessary due to lack of funds, lack of work or the abolishment of posi- tions. A lack of funds means an appointing authority has a current or projected deficiency of funding to maintain current, or to sustain projected levels of staffing and operations. A lack of work means an ap- pointing authority has a current or projected temporary decrease in the workload expected to last less than one year, which requires a reduction of current or projected staffing levels. Abolishment means the permanent deletion of a position(s) from the organization of structure of the appointing authority due to the lack of continued need for previously held positions within those Contracts. City the position as a result of ▇▇▇▇▇▇▇▇▇ employees working outside an reorganization for the efficient operation of these Contracts have no seniority rights to return to a previously held position within these Contractsthe appointing authority.
Section 1: A Reduction In Force may take place upon approval 11.02 The Employer, having determined a reduction in force is necessary due to the aforementioned reasons, shall notify the Union prior to notifying employees of the City Council and is defined as any involuntary separation wherein management eliminates a positionan impending layoff.
(a11.03 The Employer shall determine the classification(s) The CITY may eliminate any position.
(b) Notice in which a layoff shall occur and the number of at least thirty (30) calendar days will be given employees to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firstwithin each classification. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced Non-full time employees shall be laid off nextprior to any full time employees. Should a probationary employee Probationary employees will be laid off prior to full time non-probationary em- ployees.
11.04 A laid off employee shall have the right to displace an employee with less rank seniority or an employee with less departmental seniority in a lower or equivalent rank, provided such employee is qual- ified/certified to perform the work. The laid off employee may not displace an employee in a RANK if the employee does not meet the minimum qualifications of the rank. An employee may exercise the right to displace another employee within five (5) days of the date of receipt of a layoff notice. The failure to exercise the right of displacement shall not affect the employee's recall rights.
11.05 Each employee to be laid off shall be given advance written notice by the Employer. Such written notice shall be mailed by certified mail to the employee's last known address on file with the Employer. Such notice shall be mailed at least seven (7) calendar days before the effective date of the layoff or layoff due to displacement. The day the letter is mailed shall be the first (1st) day of the seven (7) day period. Each notice of layoff or displacement shall contain the following information:
A. The reason for layoff or displacement;
B. The effective date of the layoff of displacement;
C. The employee's accumulated rank and departmental seniority;
D. The right of the employee to grieve the effects of a layoff or displacement;
E. A statement advising the employee that he may have the right to displace another employ- ee and that the employee must exercise his displacement rights within five (5) days of the date he is notified that he is displaced or is notified of layoff;
F. A statement advising the employee of the right to reinstate or re-employment;
G. A statement that the employee is responsible for maintaining a current address with his appointing authority; and,
H. A statement that the employee may have the option to convert accrued unused leave, if such opportunity to convert leave exists.
11.06 Recalls from layoff will be in the inverse order of layoff (last laid off, first recalled), within the respective classifications included in the Agreement, however, excepting a reduction in force resulting from the abolishment of position(s), immediately prior to or simultaneously with a recall, an employee who has displaced to a lower rank shall be reinstated to his former rank. Further, no new employee or other employee shall be hired or promoted to a rank from which a employee has been laid off or from which he has displaced to a lower rank, or shall a new employee be hired into a higher rank unless no current employee is qualified for promotion to the higher rank.
11.07 In the case of a recall, the Employer shall provide notice of recall by certified mail, return receipt requested, sent to the last known address of record for the employee. Such notice shall include the date and time for the employee to return to work, which shall not be less than five (5) days after the notice is received. If the employee does not report for work at such time, or does not take receipt of the recall let- ter within five (5) days or make other arrangements with the Sheriff, the employee shall not retain further rights to recall. It is the responsibility of each employee to keep the Sheriff informed of his current ad- dress.
11.08 Employees shall retain recall rights, except as otherwise provided herein, for a period of time longer than they worked twenty- four (24) months from the date of the layoff. An employee shall not accrue seniority during a period of layoff. Should an employee be on layoff in excess of twenty-four (24) consecutive months, he must recertify to State specifications in order to remain eligible for recall. The Sheriff will pay the City and are subsequently rehiredcost of any employee who must be recertified upon recall.
11.09 An employee may grieve the effects of a layoff or a displacement at step 2 (Employer) of the grievance Procedure contained in this Agreement.
11.10 An employee who voluntarily resigns from the Department may, they will with the approval of the Em- ployer, be required reinstated within one (1) calendar year from the date of his separation to serve a full 12 month probationary periodhis former position if the position is vacant. If rehired before that timeframethe position is not vacant, they will then the employee may be given previous credit towards reinstated to a similar posi- tion providing the completion employee is qualified to perform the duties of their probationary periodthe position.
(b) Regular employees whose positions are reduced 11.11 This article shall not be triggered if an Arbitrator returns a terminated employee to work. The em- ployee who replaced the terminated employee, or last hired in the effected classification shall be permitted released automatically when the terminated employee returns to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITYwork.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceThe Town reserves and retains the right to determine the level of services, functions and staffing needs of its departments, and to lay off its employees for lack of work, reasons of economy, insufficient appropriations, change in departmental organization, or any other change in the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any level of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forceservice needed. In lieu the event of noticelayoff, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid Town shall take the following steps to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, extent necessary and in the following procedure will applyorder stated:
(a) All temporary 1. Temporary and regular part-time would intermittent employees within the affected department will be laid off first, in inverse order of seniority.
2. Employees that are serving Regular full-time and part-time employees having less than one-year seniority will be laid off in the twelve (12) month probationary status inverse order of seniority within the classification that affected department.
3. All such employees will be laid off before further steps are taken with respect to longer service employees.
4. If further layoffs are necessary, then those employees in the department in which the additional layoff is to be reduced necessary shall be laid off nextin the inverse order of seniority within that department.
5. Should However, employees identified for layoff shall be afforded the opportunity to “bump” the least senior employee in an equal or lower job title, provided that the employee can meet and perform the job functions of that job title.
6. An employee who has earlier exercised “bump” rights and now occupies a probationary job title shall be offered the opportunity to fill any openings in their former job titles in seniority order prior to hiring new Town employees.
7. An employee whose position is slotted for elimination shall be afforded the option of either exercising their bumping rights or layoff. If bumping rights are exercised, the employee will be granted a twenty-five (25) working day reorienting period to learn the new position. The Town must give each employee who is laid off either two weeks advance notice or in lieu of such notice two weeks’ pay. Laid-off employees will receive a payment for the vacation they are entitled to at the time of layoff. Employees on layoff have recall rights for a period of time longer than they worked for the City and are subsequently rehired, they two years after layoff. An employee’s right to return to work upon recall will be required forfeited if not exercised within ten working days of notification. Notification is deemed given on the postmarked date when sent by registered or certified mail to serve a full 12 month probationary periodthe last known address of the employee on file in the Town’s personnel office. If rehired before In rehiring in any job level, the Town will offer reemployment to those former employees who have been laid off in that timeframe, they will be given previous credit towards job level in the completion of their probationary periodinverse order in which said employees were laid off.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceThe following process shall apply to Para-educators, Health Para-educators, and Licensed Practical Nurses:
17.1 In the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any event of the collective necessity for reducing the number of employees within this bargaining agreements between Teamsters Local 14 unit or reducing the number of hours or days to be worked, individuals with the least seniority within the job category (i.e., Para-educator, Health Para-educator, or Licensed Practical Nurses) will be laid off or reduced first, provided, however, the employee retained must possess the necessary ability, experience and qualifications to perform the CITYavailable work, retain seniority and reduction in force rights or provide a plan acceptable to the Superintendent to acquire the necessary qualifications.
17.2 Individuals laid off, will have, from the effective day of layoff, a two (2) year right to recall for previously held positions any openings within those Contractsthis bargaining unit. City The effective date of ▇▇▇▇▇▇▇▇▇ the layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the layoff action or the first day for which the laid off employee receives unemployment compensation, whichever occurs sooner. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings for which they are qualified. Former employees working outside of these Contracts have no seniority rights to shall be given credit for all prior service with the Easthampton Schools, providing they return to work within the recall period When possible individuals who are to be laid off will be given a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) day notice prior to the effective date of the layoff.
17.3 All benefits to which an employee was entitled at the time of layoff shall be restored in full upon re-employment within the recall period.
17.4 Laid off employees may continue group health and life insurance coverage for up to eighteen (18) months by contributing 102% of the premium cost and provided the plan in force permits.
17.5 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability qualifications and experience to perform the available work.
17.6 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.7 The employee shall, within fourteen (14) calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be considered a declination on the part of the employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
17.8 Seniority as referenced in this article will be given calculated from the most recent date of hire by the Easthampton School Committee and includes all recognized leaves of absence under this Agreement. This seniority list will be issued annually no later than October 15 by the Superintendent or designee.
17.9 Should an opportunity arise to employees act, as a substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of their seniority. Payment shall be at the substitute’s rate for the particular position currently in effect. Declination of an offer to substitute shall not affect the right to recall under section 17.2 above. Seniority and other benefits (except medical benefits, if applicable) shall not accrue during the period of service as a substitute.
17.10 Paragraph 17.1 of this Article shall not apply to para-educators serving solely as one-to-one aides (Chapter 766-Special Education) whose positions are reduced through eliminated due to a Reduction modification of the Individual Education Plan or due to the departure of the student from the Easthampton Public Schools. However, the remaining provisions of this article shall apply to these individuals, with the sole exception that an individual whose position is eliminated due to the modification of an Individual Education Plan or the departure of a student shall retain priority regardless of seniority for reassignment to a position made available due to a subsequent modification of that students Individual Education Plan or that student’s return to Easthampton Public Schools. The following process shall apply to administrative assistants:
17.11 In Forcethe event of the necessity for reducing the number of employees within this bargaining unit, individuals with the least seniority within the administrative assistants job category will be laid off first, provided, however, the employee retained must possess the necessary ability, experience, and qualifications to perform the available work, or provide a plan acceptable to the Superintendent to acquire the necessary qualifications. In lieu of notice, an equivalent amount of salary, based on order to effectuate the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes placeLayoff, the following procedure procedures will apply:
(a1) All temporary and regular The most senior full-time employee whose position is eliminated shall bump the least senior full-time employee in the administrative assistants job category in the same or lower grade in accordance with the criteria referenced above.
2) This process shall continue in order of seniority among full-time employees.
3) Once the bumping procedure has been exhausted for fulltime employees, a full-time employee may bump the least senior part-time employee in the same or lower grade in accordance with the criteria referenced above.
4) Bumping among part-time employees shall then occur under the same procedure referenced for full-time employees.
5) Part-time employees shall not be eligible to bump full time employees.
17.12 The Employer maintains the right pursuant to this Article to reduce hours and days of employment of employees in the bargaining unit.
17.13 Individuals who are laid off will have, from the effective day of layoff, a two (2) year right to recall for any openings within this bargaining unit. The effective date of the layoff will be defined as the first employee workday that the laid off employee would have normally been scheduled to work but for the Layoff action. The Committee will notify the laid off individuals within the recall period, by certified mail, of all openings in the same or lower grade for which they are qualified. Former employees shall be given credit for all prior service with the Easthampton Schools, providing they return to work within the recall period. When possible, individuals who are to be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards a thirty (30) day notice prior to the completion effective date of their probationary the layoff.
17.14 All benefits to which an employee was entitled at the time of layoff shall be restored, in full, upon re-employment within the recall period.
17.15 Laid off employees may continue group health and life insurance coverage in accordance with federal and state laws.
17.16 Recall will be according to seniority with the most senior individual recalled first, provided the individual possesses the necessary ability, qualifications, and experience to perform the available work and was in the grade equal to or higher at the time of layoff.
17.17 Any declination of a job offered under this Article will terminate the employment of the individual and satisfy the School Committee’s obligation under this Article.
17.18 The employee shall, within fourteen (b14) Regular employees whose positions are reduced calendar days after receipt of notice of recall by certified mail and return receipt requested, file acceptance through return of a signed slip provided by the Employer of their intention to return or not to return by certified mail and return receipt requested. If such acceptance is not received by the Superintendent’s Office at the end of fourteen (14) calendar days, it shall be permitted to exercise their CITY seniority to move laterally or downward to considered a position for which they previously held within declination on the CITYpart of the employee, unless there are unusual extenuating circumstances approved by the Superintendent and/or the Committee.
(c) Regular employees who17.19 Seniority, as referenced in this article, will be calculated from the most recent date of hire as a secretary in the bargaining unit by the Easthampton School Committee, including all recognized leaves of absence under this Agreement, unless modified by an adjusted anniversary date as defined in paragraph 26.01 of the contract.
17.20 The Superintendent or designee will issue this seniority list annually.
17.21 Should an opportunity arise to act, as a result substitute in a bargaining unit position, said opportunity shall be offered first to the individuals on the recall list, in descending order of a Reduction In Force, are placed into previously held classification may their seniority. Payment shall be subject at the substitute’s rate for administrative assistants currently in effect. Declination of an offer to a training substitute shall not affect the right to recall under section 17.13 above. Seniority and other benefits shall not accrue during the period of up service as a substitute. The following process shall apply to sixcustodians:
17.22 In the event it becomes necessary to reduce the number of employees in the custodian job category, the Superintendent will effectuate such a reduction in accordance with this Article.
17.23 An employee(s) whose position is eliminated shall be offered the following options:
1. to accept a layoff; or
2. to be transferred in accordance with Section 3 of this Article. Employees laid off under either 1 or 2 above will have all the recall rights afforded under Section 17.30 of this Article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction 1. No bargaining unit classification or position shall be filled by any person not a member of the bargaining unit while any member of the bargaining unit is laid off pursuant to this Article.
2. In Forcethe event it becomes necessary to reduce classified staff due to lack of funds, and lack of work, abolishment of positions or building closures, the manner in which following procedure shall govern such layoffs:
A. The number of employees affected by reductions shall be kept to a minimum by not employing replacements, insofar as it is executedpractical, applies to all Teamster represented positions only. Employeesfor employees who resign, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITYretire, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates or otherwise vacate a position.
(aB. Prior to the Board instituting such reductions in the classified staff, the Board or its designee(s) The CITY may eliminate any positionand the Union or its designee(s) shall meet to discuss the reductions.
3. Except as provided in the following paragraph, in any reduction, the concept of job classification seniority shall prevail. Seniority shall be determined by the employee's most recent date of hire with the Board in a particular job classification (b) Notice for reduction in force purposes only). Board-approved leaves of at least thirty (30) calendar days absence shall not constitute an interruption of continuous service, but such time on a leave of absence shall not be included in the calculation of seniority. In case of identical seniority, the provisions for a tiebreaker in the Seniority Article will be given to employees whose positions are reduced through used. If the application of classification seniority results in a Reduction In Force. In lieu member of noticethe bargaining unit having greater system seniority being laid off, an equivalent amount of salarysystem seniority shall prevail over classification seniority, based on the employee’s regular work schedule, will be paid to the employeeif such member cannot bump into another classification.
Section 2: 4. When it has been determined that a position reduction is reduced and/or necessary, either system-wide, or within a Reduction In Force takes placeclassification, the following procedure will apply:
(a) All temporary and regular part-time would or new employees in an initial probationary status shall be laid off first. Employees that are serving Additional reductions shall begin with the twelve (12) month probationary status within least senior employee in any classification, in order of seniority until the classification that reduction is to be reduced complete, except as provided in 3 above.
5. Any employee affected by such a reduction, whether directly or indirectly, shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodgranted bumping rights.
(b) Regular employees whose positions are reduced 6. Bumping shall be permitted to exercise their CITY exercised on the basis of system seniority to move laterally or downward to as set forth in the Seniority Article and present pay range. Any employee affected by such reduction may bump a position less senior employee in another classification for which they previously held he/she is qualified as determined by the Superintendent or his/her designee based solely upon the necessary qualifications in the job description and posting. In cases of a reduction of force due to abolishment of positions or building closures, an employee with higher classification seniority may bump a less senior (classification) employee within the CITYtheir classification.
7. For the purpose of reduction in force and determining bumping rights, there shall be established six (c6) Regular employees who, classifications as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixfollows:
1. Custodian
2. Maintenance
3. Cafeteria
4. Bus Driver
5. Aides
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction 6.1 In Forcethe event of a reduction in force, and layoffs will be made within the manner Association. RIF shall be defined as a reduction in which it the work force beyond normal attrition. When a RIF is executedimplemented, applies the Executive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to all Teamster represented positions onlyreasonably minimize the impact for the RIF.
6.2 Employees will be laid off on the basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Employees, who have worked in any Seniority shall be defined as the length of service within the District as a member of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these ContractsAssociation.
Section 1: A Reduction 6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In Force may take place upon approval of no case will a new employee be employed by the City Council and is defined as any involuntary separation wherein management eliminates District while there are RIF’d employees who are qualified for a vacant or newly created position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees 6.6 Employees whose positions are reduced through have been eliminated due to reductions in work force or who have been affected by a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on layoff shall have the employee’s regular work schedule, will be paid right to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to assume a position for which they previously are qualified, which is held within by the CITYleast senior employee. Unused sick leave shall be restored to the RIF’d employee upon their return to active employment.
(c) Regular employees who, as a result 6.7 An employee transferred because of a Reduction In Force, are placed into previously held classification layoff may be subject exercise his/her seniority to return to a training position similar to that vacated owing to lay-off, provided that qualifications are equal to that of others also applying for this position.
6.8 Employees to be laid off shall receive no less than thirty (30) days notice prior to lay-off. In a normal budget cycle, if the School Board authorizes, then the date for notification to employees receiving a RIF shall be no later than July 1.
6.9 The District shall notify the Association officers prior to layoff notices being sent to employees and provide detailed reports of the financial status of the district as requested.
6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the bargaining unit.
6.11 Laid off employees shall be recalled in reverse order of layoff to any position for which they are qualified.
6.12 RIF’d employees shall retain their seniority for purposes of recall for a period of up to sixtwo
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force, and the manner in which it 28.01 The definition of seniority is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.as follows:
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice City seniority means the length of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of noticecontinuous service with the City, an equivalent amount of salary, based on dating from the employee’s regular work schedule, will be paid to the employeemost recent date of employment.
Section 2: When b) Job seniority means the length of continuous service within a position is reduced and/or a Reduction In Force takes place, given job classification. An employee's seniority shall be terminated when one or more of the following procedure will applyoccur:
(a) All temporary and regular partHe resigns;
b) He is discharged for just cause;
c) He is laid-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer exceeding one (1) year;
d) He retires;
e) He fails to report for work for more than they worked for three (3) working days excluding weekends and holidays if not previously regularly scheduled work days, without having given the Employer advance notice of his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) He becomes unable to perform the essential functions of the job due to illness or injury and is unable to return to work upon the expiration of any leave applicable to him;
g) He refuses to recall or fails to report to work within five (5) working days from the date the Employer sends the employee a recall notice. If two or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of lots. The Employer shall provide a current seniority list to the Union on an annual basis.
28.02 Where, because of lack of work, lack of funds, reorganization, abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, which is hereby determined to be a management right, temporary, seasonal, casual, part-time, and probationary employees shall be laid-off first in that order, by job classification, with the employee having the least job seniority laid-off first. Full-time employees shall be laid-off next on the same basis.
28.03 Employees shall be given at least two (2) weeks notice of lay-offs.
28.04 The full-time employee who has been notified of lay-off shall have the right to displace a less senior employee within the same job classification within the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodbased upon job seniority.
(28.05 The full-time employee who bas been notified of lay-off shall also have the right to displace less senior employee within the City in a position formerly held by the laid-off employee based upon the laid-off employee’s job seniority in the former position.
28.06 The full-time employee who has been notified of lay-off shall also have the right to displace less senior employees within his department or division whichever is the smallest unit, providing the senior employee has the ability, and qualifications to perform the work of the less senior employee. This shall hold true until the employee with the least seniority in the lowest classification within that operating department/division has been reached, if necessary, and laid-off. The employee displaced under the provision mentioned shall have the right to displace less senior employees in the Union provided they meet the qualification specifications.
28.07 In rehiring after a lay-off, the City will offer re-employment to the extent possible, to which additional help is needed to former employees in the classifications involved in the inverse order in which the employee was laid-off provided that:
a) The employee is qualified in the opinion of the City to perform available work at the time the offer of employment is made.
b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training The period of up to sixlay-off does not exceed one (1) year.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceWhen it becomes necessary to reduce the number of administrators, it shall be done by classification. Classifications shall include Secondary School Principals, Assistant Secondary School Principals, Elementary School Principals and the manner in which it is executed, applies to all Teamster represented positions onlyeach individual Director. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When more than one administrator fills a position is reduced and/or a Reduction In Force takes placeto be eliminated, the following procedure will apply:
(a) All temporary and regular part-time would administrator to be laid off firstwill be the least senior within the classification. Employees Seniority will be determined by the administrators' years of service within the District. Years of service within a CAA classification shall be carried from one CAA classification to other CAA classifications. If seniority based upon years of service does not differentiate between the administrators involved, the date of Board confirmation of the administrator's hire shall determine seniority with the administrator with the most recent date of confirmation of hire to be laid off. If the date of the Board confirmation of the administrators' hire does not differentiate between the administrators involved, the level of educational degree obtained by the administrator shall determine seniority with the administrator with the lower level of educational degree to be laid off. Administrators laid off due to a Reduction-in-Force must maintain a current address with the Superintendent's Office. Administrators must be given first option for any vacancy for which the administrator is certified within the District so long as a current address is maintained with the Superintendent's Office. Administrators must be rehired in the reverse order that are serving the twelve (12) month probationary status Reduction-in-Force occurred within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary periodinvolved. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward a laid-off administrator refuses an offer for reemployment to a position for which they previously held the administrator is qualified and which offers pay and benefits equal to or better than the eliminated position, the administrator shall forfeit the administrator's right to reemployment under this Article. If a laid-off administrator is recalled to a position within the CITY.
District within one (c1) Regular employees who, as a result year of a Reduction In the Reduction-in-Force, are placed into previously held classification may the lay-off shall not be considered a break in service for purposes of computing the administrator's years of service. If challenged, the provisions within this Article shall be subject to a training period the grievance procedures of up to sixthis Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In Force1. If reduction of staff becomes necessary, and it shall be done in accordance with the manner in which it is executed, applies Pennsylvania School Code. The District shall make every effort to all Teamster represented positions only. Employees, who have worked in accomplish any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and necessary reduction in force rights through attrition, i.e., retirement, resignation, leave, etc. The District will have no obligation under this Agreement to fill any vacancies created by attrition. If this is not possible, it is recognized by the parties that it will be necessary for previously held positions within those Contractsthe District to furlough (suspend) professional employees. City Furloughed employees shall receive notice at least sixty (60) days prior to the beginning of their next semester of employment.
2. Employees who face layoff shall continue to be entitled to employment as replacement employees each year before any new employees may be hired into such positions. In the event that employees who otherwise would be laid off are employed as replacement employees, such employment shall continue to be made as close as possible to the first employee day of the school year.
3. An employee shall continue to receive system seniority credit at the time of layoff in all areas of certification he/she may hold, regardless of which certification(s) he/she has taught in or is currently teaching in.
a. A more senior employee shall continue not to be involuntarily realigned into one of his/her alternative certifications in order to forestall the layoff of a less senior employee in the certification area in which the more senior employee is currently teaching.
b. A employee may not voluntarily switch to an alternative certification area at a time of layoff if by doing so he or she causes the layoff in that certification area of an employee who would otherwise not be laid off, unless the voluntary switch prevents the layoff of an employee who is senior to the employee who is caused to be laid off by the voluntary switch.
c. As used in this Article, furloughing will utilize the ‘▇▇▇▇▇▇▇▇▇ employees ’ principle. This means that the least senior employee working outside in the certification requiring a reduction or furlough will be identified for furlough subject to his/her right to utilize an alternate certification for bumping to avoid layoff. Bumping will be of the least senior employee in the alternate certification. In cases of multiple alternate certifications, bumping will be of the least senior employee (district seniority) among these Contracts have no seniority rights to return to a previously held position within these Contractsalternate certifications.
Section 1: A Reduction In Force 4. Laid off employees will continue to be recalled to service in the order of their system seniority, subject to certification, with the most senior employee being recalled first and so on. No new employees may take place upon approval be hired until all laid-off employees in their areas of certification either have been reinstated or have declined an equivalent offer of reinstatement and been removed from the City Council and is defined as any involuntary separation wherein management eliminates a positionseniority roster.
5. A laid-off employee may elect to continue his/her life insurance, hospitalization and dental coverage for the first twelve (a12) The CITY may eliminate any positionmonths of laid-off status by paying the full costs of same to the School District each month.
6. All two (b2) Notice of at least thirty (30) calendar days will semester employees are deemed to be given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on continuously employed and paid by the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving District during the twelve (12) month probationary status within period commencing with the classification that is first day of employee responsibility in each school year, unless terminated by the Board prior to be reduced shall be laid off next. Should the end of a probationary employee be laid off for a period of time longer than they worked for the City school year and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary periodpaid in full.
(b) Regular 7. An employee bumped from a position shall have the right to return to his/her former position at the beginning of the next school year if that position is vacant.
8. For purposes of furlough and recall from furlough, employees whose positions are reduced shall not be permitted to exercise their CITY seniority to move laterally bump into or downward be recalled to a counselor position for which unless they previously held within the CITYhave previous counseling experience in Upper St. Clair. The position of counselor is considered a promotion.
(c) Regular employees who9. Employees on furlough must notify the School District between May 15 and May 29 each year, as a in writing by certified mail, of their intent and willingness to return to work upon recall during the ensuing school year. Failure to so notify will result of a Reduction In Force, are placed into previously held classification may be subject in removal from the District seniority list. Any employee offered recall to a training period of up to sixfull-time semester or more position must accept or he/she will be dropped from the seniority list.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. Reduction In ForceA reduction in the number of teachers in the District through the suspension of teaching contracts may occur based upon the following reasons:
A. Decreased enrollment of pupils;
B. Financial reasons as determined by the Board;
C. Return to duty of regular teacher after extended leave of absence;
D. Territorial changes affecting the District; and/or
E. Suspension of schools. To the extent possible, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any number of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and employees adversely affected by a reduction in force rights will be minimized by not employing replacements for previously held positions within those Contracts. City employees who retire, resign, go on leave of ▇▇▇▇▇▇▇▇▇ absence, or whose limited contracts are not renewed for reasons other than a reduction in force so long as said departing employees are working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval in grade/subject areas which are part of the City Council and is defined District's reduction plan. The Board will make reasonable reductions as any involuntary separation wherein management eliminates a position.
(a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days recommended by the Superintendent. Contracts will be suspended as needed, within each teaching field affected. Preference for available positions will be given to employees teachers on continuing contracts among teachers with comparable evaluations. Teachers whose contracts are suspended or non-renewed as a reduction in staff shall have the right to be restored to service status in the order of seniority in the District with preference given to continuing contract holders, if and when teaching positions become available for which those teachers are reduced through or may become qualified. However, no preference for seniority shall be given for layoff or recall except when making a Reduction In Forcedecision between teachers, regardless of contract status, who have comparable evaluations defined in the following manner:
a. The first to be suspended shall be those teachers with evaluation ratings of "Ineffective." For continuing contract teachers, the rating of "Ineffective" shall be based upon three consecutive years of student growth data. In lieu For limited contract teachers, the rating of notice, an equivalent amount of salary, "Ineffective" shall be based only on the employee’s regular work schedule, principal's rating (not including any student growth measures) until three consecutive years of student growth data are available and then the overall (summative) rating including student growth measures will be paid to the employeeused.
Section 2: When a position is reduced b. The next teachers to be suspended shall be those teachers on limited contracts with ratings of "Developing" who have improvement plans.
c. The next teachers to be suspended shall be those teachers on limited contracts with ratings of "Developing" who have professional growth plans.
d. Evaluation ratings of Accomplished and/or a Reduction In Force takes placeSkilled shall be considered comparable. For b. and c. (above), the following procedure will apply:
(a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced rating of "Developing" shall be laid off nextbased only on the principal's rating (not including any student growth measures) until three consecutive years of student growth data are available, and then the overall (summative) rating- including student growth measures- will be used.
2. Should a probationary employee Seniority shall only be laid off used when deciding between teachers with comparable evaluations. No new personnel will be hired until all reduced staff members qualified to fill vacant positions have declined or are restored for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to sixfive years.
Appears in 1 contract
Sources: Master Contract
REDUCTION IN FORCE. Reduction In ForceIt is the responsibility of the School Committee to maintain the best public school possible and to implement those programs as mandated by the Massachusetts Department of Education. However, if it becomes necessary for the School Committee, in its opinion, to reduce the number of employees employed by it through a general layoff, or through the elimination or consolidation of positions, it shall lay off employees on the basis of seniority (i.e., the most junior first, the most senior last). Exceptions may be made in cases in which specific characteristics were identified upon initial employment, and the manner in which it is executed, applies to all Teamster represented positions onlysuch characteristics remain necessary for a given position. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts.
Section 1: A Reduction In Force may take place upon approval of the City Council and is Seniority shall be defined as any involuntary separation wherein management eliminates a position.
the length of continuous service in the Truro Elementary School. Seniority shall be computed from the first day of work (a) The CITY may eliminate any position.
(b) Notice of at least thirty (30) calendar days will be given to employees whose positions are reduced through a Reduction In Forcenot hiring date by the Employer). In lieu the event of noticea tie or ties, an equivalent amount seniority shall be determined by a lottery. The Superintendent shall publish a seniority list by February 1st of salary, based on the employee’s regular work schedule, will be paid to the employee.
Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply:
(a) All temporary and regular part-time would be laid off firsteach school year. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period.
(b) Regular employees whose positions are reduced shall be permitted notified in writing no later than May 15 of the school year preceding the school year in which the reduction is to exercise be effected. Employees laid off under this article shall be considered for recall in the inverse order of their CITY seniority lay off within the bargaining unit during a period of two years from the effective date of their lay off if they so indicate in writing of their desire to move laterally or downward the Superintendent at the time of their layoff. Such employees must maintain current contact information with the Superintendent to remain on the recall list. Employees serving a position recall period shall be notified by the Superintendent concerning any open positions in the system for which they previously held within the CITY.
(c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject qualified and shall be given preference in the filling of such positions provided that they respond within thirty days of such notification. Failure to a training period accept an offer of up employment for any such position shall terminate this option. Employees rehired after lay off under this section shall be credited with such salary and fringe benefits as they were entitled to sixat the effective date of their lay off. The School Committee will make every reasonable effort to give priority on the substitute list to Educational Assistants on recall, provided such Educational Assistants indicated their desire to be placed on the substitute list. As used in this article the terms "lay off" and "reduction" shall include both nonrenewal of contract due to reduction in staff and reduction from full-time to part-time status due to reduction in staff.
Appears in 1 contract
Sources: Collective Bargaining Agreement