REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe: 8.1.1 PROBATIONARY employees within the job classification shall be laid off first. 8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification. 8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff. 8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position. 8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff. 8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall. 8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall. 8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period. 8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have that the Board of Education determines that a reduction of teachers becomes necessary due to a decline in staffstudent enrollment, return to duty of regular teachers after leave of absence, suspension of schools, territorial changes, or lack of funds, this reduction will be in keeping with the SUPERINTENDENTprovisions of this article.
A. Teachers who leave the system through retirement, resignation, nonrenewal for performance reasons or for other cause will not be replaced by new teachers, insofar as program needs and good educational practice make it possible to do so.
B. Additional reductions will be achieved in accordance with the provisions suspension of contract procedures set forth in Section 3319.17, Ohio Revised Code. Contracts will be suspended by areas of certification as determined by the Board. When this articleprocedure is followed for a reduction in force and contracts are suspended, shall determine which EMPLOYEES preference will be given first to teachers who have continuing contracts over those holding limited contracts, and second to teachers with comparable evaluations who have greater seniority. Teachers whose contracts are to be retained. In suspended will have the event right of layoff, restoration of service in the order of reduction shallbeseniority of service if and when teaching positions become vacant or are created for which any such teachers are certified.
C. Teacher Seniority
1. Seniority Bargaining unit members with longer continuous certified service, under regular contract, in the River View School System will be retained in preference to those with less continuous employment certificated to teach in the same field, provided they have comparable evaluations as follows:
8.1.1 PROBATIONARY a. Once the District implements its evaluation system under House Bill 153, employees shall be rated on each evaluation they receive as either “ineffective”, “developing”, “skilled” or “accomplished”.
b. There shall be four (4) categories of comparable evaluations (Category 1, Category 2, Category 3 and Category 4) in which employees shall be placed based upon the evaluation rating they receive for their three (3) most recent years.
c. Employees rated as “ineffective” for two (2) out of their last three (3) years shall be placed in Category 4.
d. Employees rated as “developing” for two (2) out of their last three (3) years shall be placed in Category 3.
e. Employees rated as “skilled” for two (2) out of their last three (3) years shall be placed in Category 2.
f. Employees rated as “accomplished” for two (2) out of their last three (3) years shall be placed in Category 1.
g. Employees with less than three (3) years’ experience shall be ranked with their most recent rating.
h. Employees who receive a different evaluation rating in each of their last three (3) evaluations shall be placed in the middle category – i.e., an employee who received a rating in Categories 3, 1 and 2 respectively in their last three (3) evaluations shall be placed in the category in the middle which is two (2).
i. Employees shall then be separated on a seniority list as follows:
1) First, by contract status (Continuing vs. Limited).
2) Next, by areas of certification/licensure.
3) Next, by evaluation Categories 1 through 4.
4) And finally, by dates of hire within the job classification shall be laid off first4 categories beginning with the oldest date in descending order to the most recent date of hire.
8.1.2 Fullj. Beginning in 2013, and each year thereafter, the District shall provide by September 30th via e-time regular (non-probationary) EMPLOYEES shall be laid off mail to the River View EA President, a seniority list of all bargaining unit members which shows their contract status, areas of certification/licensure, placement in the inverse order Categories 1 through 4, and their dates of seniority within the job classificationhire.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty k. Thirty (30) calendar days prior to the date of Board implementing a reduction in force, it shall provide via e-mail to the layoffRiver View EA President, an updated seniority list in accordance with Section i., above.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days 2. Measuring Length of notification to the Reduction in Force and shall Service Seniority will be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority defined as length of continuous certificated service under regular contract in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoffRiver View School District.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Negotiated Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 15.1 It is understood by the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event it a reduction in staff is necessary implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, PROFESSIONAL shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given have the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification recalled for a period of twelve twenty-four (1224) months from beyond the expiration date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a Reduction in Force, the riffed EMPLOYEE(srecall notice within fourteen (14) may move calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the substitute poolPROFESSIONAL and ASSOCIATION. The riffed EMPLOYEE shall have the right of first A refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's a recall or a failure to respond affirmatively within twenty-one (21) calendar days from to the postmark date notice as required shall constitute a severance of employment. It shall be the responsibility of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES PROFESSIONAL on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those provide the Superintendent with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodan updated current mailing address.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 23.1 The size of the workforce at any time is within the sole discretion of the Hospital. The parties acknowledge that throughout this Article, the determination of whether an employee is qualified for a position is within the sole discretion of the Hospital.
23.2 The Parties agree that in the event the Hospital determines that it is necessary will layoff bargaining unit members, informal discussions will take place to have a reduction address issues related to the layoff no later than Five (5) days before the layoff. Nothing in staff, these discussions will be inconsistent with this Article.
23.3 Layoffs will be accomplished by functional Department. Probationary employees in the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to affected functional Department will be retainedlaid off first. Traveler/Temporary nurses who were not hired because of specialized skills will be laid off next. In the event of layofffurther layoffs are necessary, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall volunteers will be laid off firstoff. If additional layoffs are necessary the least senior employee(s) in the affected functional department will be laid off.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in 23.4 An employee who has been selected for layoff pursuant to this Article has the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior right to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the fill a posted bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements he or she is qualified for the that position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails employee declines to accept three (3) substitute assignments in their job classification, the EMPLOYEE fill such position he or she will lose his / her first refusal right but will retain the right of recallbe laid off.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from 23.5 If there is no posted bargaining unit position for which the postmark date employee selected for layoff is qualified he or she has the right:
a. To displace a probationary bargaining unit employee provided he or she is qualified for that employee’s budgeted position; or,
b. To displace a Traveler/Temporary nurse who was not hired because of specialized skills; or,
c. To displace the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file least senior employee in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallunit provided he or she is qualified for that employee’s budgeted position; or,
d. Be laid off.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 18.1 The District shall notify the event it Union of layoffs prior to Governing Board action or upon mailing of layoff notices, whichever is necessary earlier. The District agrees to have a reduction in staff, the SUPERINTENDENT, in accordance meet and consult with the provisions set forth Union to discuss alternatives prior to written notification to the employee. If no alternative is reached, then the employee will be given a sixty (60)-day notice of layoff and will be requested to respond in this articlewriting within two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights. (See Ed. Code, shall determine which EMPLOYEES are to be retained. § 88014.) In the event of a layoff, the order of reduction shallbeprocedures are as follows:
8.1.1 PROBATIONARY employees within the job classification a. The District shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of create and provide to SEIU a seniority within the job list for each impacted classification.
8.2 The UNION and the EMPLOYEES shall b. Employee will be given written a sixty (60)-day notice of layoff and will be requested to respond in writing within two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights.
c. Time in class shall be determined by date of hire in classification.
d. An employee may bump the least senior employee in his/her present classification who has an equivalent percentage of full-time employment in paid status (i.e. months and hours) if no equivalent vacancy exists. If there is no equivalent FTE position, the employee may bump the least senior employee with the next lower FTE. In no event can the employee bump into a higher FTE status.
e. The least senior employee in the classification may bump into a lower classification if he/she holds permanent status in the lower classification and there is an employee in the lower classification with less seniority.
f. The employee being bumped from a position will be given a sixty (60)-day notice of layoff, and the procedures followed are the same as in “b,” “c,” and “d,” above.
g. When the District eliminates a filled position at least thirty (30) calendar days prior a department/division where positions are held by employees in the same classification and funding source, positions in the same classification and funding source will be eliminated in reverse order of seniority.
18.2 An employee who has been notified that his/her position is being eliminated may request the following actions in lieu of bumping or layoff:
a. May request a transfer to a vacant position on the same level or a reassignment to a lower level for which he/she may have some essential skills to perform the duties.
b. A vacant position is defined as a regular permanent position which the District determines is critical and must be filled. The employee may request to perform work that is being performed by provisional or limited-term employees and the District has determined is critical and must be performed.
c. The employee shall notify the District should any proposed position be unacceptable.
d. The District will send names to the date of supervisor for interviewing. The supervisor will determine the layoffskill levels necessary to perform the tasks available and will select or not select a candidate.
8.3 EMPLOYEEs who previously held another position within e. An employee transferred or reassigned to a lower classification shall serve a probationary period, and the bargaining unit may request, in writing, within five (5) business days of notification to supervisor shall make a recommendation on permanent status on the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionfinal probationary evaluation.
8.4 The EMPLOYEE with the most seniority f. An employee who transfers or accepts reassignment to a lower level classification in the job classification held at the time lieu of lay off will be called back first. All EMPLOYEES who have been laid off layoff shall have the right of written recall within their job classification reinstatement to his/her former position for a period of twelve twenty-four (1224) months from in addition to the date oflayoffthirty- nine (39) months reemployment rights (Ed. Code, § 88117).
8.4.1 When Bus Drivers/Bus Attendants are 18.3 Any employee who is laid off due to a Reduction in Force, with no other alternative for employment within the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES District shall be hired in offered any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number temporary hourly position with similar duties or responsibilities being performed at their location of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodemployment.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event that it is becomes necessary to have a reduction layoff forces in staffany classification, seniority shall govern. The City shall notify the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event Union Business Manager of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may requestreasons, in writing, with at least two (2) weeks’ notice prior to laying-off regular employees. Starting in the classifications in which the surplus exists, layoffs will begin with those employees having the least seniority. In the events that the city finds it necessary to reduce forces, the following shall apply:
a) The City has the sole right to determine if a vacancy exists in any other department or if additional personnel are needed or can be efficiently occupied, and the designation and classification of the job to which an employee can be transferred.
b) The Union agrees to waive the posting procedure and will oppose no reasonable transfer of an employee from the curtailed department to another department.
c) The transferred employee shall be given reasonable and sufficient instructions and training in which to qualify for a job.
d) During the qualifying period, the employee will be reviewed, counseled and instructed of their progress in the job.
e) Should the employee fail to meet the requirements of the job and disqualify, he shall be reassigned to the classification from which he was transferred for further personnel disposition.
f) The employee shall assume the rate of pay for the job to which transferred.
g) When additional employees are needed in a classification. The regular employees who have been laid off or transferred out of that classification within a one (1) year period, due to lack of work, shall be offered the jobs before they are filled by promotion or transfer of employees with less seniority, or by the 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 the notification shall be forwarded to the Union Business Manager. The City shall be notified within five (5) business working days after receipt of notification the notice by the former employee of their desire to accept the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in offer of the job classification held at and the time of lay off former employee will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept start work not later than three (3) substitute assignments in their job classification, weeks after the EMPLOYEE will lose his / her first refusal right but will retain receipt of the right of recall.
8.5 An EMPLOYEE's failure notice. Should the employee fail to respond affirmatively within twenty-one (21) calendar days or report, they will be dropped from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallCity employment rolls.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Reduction in Force is a layoff of faculty due to a severe financial crisis or program discontinuance or reconfiguration.
15.3.1 Except in the event it is necessary case of severe financial crisis, the President of the University shall inform the president of the UFE and the colleges/department(s) affected of intent to have a implement the reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff force at least thirty ninety (3090) calendar days prior to implementation. The UFE, upon receipt of such written notice, may request a meeting to review the reasons for such intent and to recommend ways to reduce and/or eliminate the need to implement this provision.
15.3.2 Faculty layoffs shall take place utilizing the following priority: quarterly faculty/librarians, special faculty/librarians, tenure-track faculty/librarians, tenured faculty/librarians.
15.3.3 The department(s) affected shall be notified in writing of the necessary reductions by the Chief Academic Officer.
15.3.4 Within fifteen (15) working days of receipt of such notice, the college(s) and department(s)/library affected, in a manner to be determined by the deans, after consultation with the UFE, shall designate the positions, including appropriate qualifications, which are required to meet program needs. These positions will be filled by seniority, i.e., date of appointment to rank or special faculty within each department or library, utilizing the layoffpriority listed in Section 15.3.2 above, provided the faculty member filling the position has the necessary qualifications. The results of this process shall be placed in writing and sent to the Chief Academic Officer within the time limit specified above.
8.3 EMPLOYEEs who previously held another 15.3.5 Following receipt of the position within designations from the bargaining unit may requestdepartment(s), in writing, the Chief Academic Officer will notify within five (5) business days working days, those faculty members who are to be laid off.
15.3.6 For layoffs resulting from program reconfiguration or discontinuance, senior lecturers, tenure-track and tenured faculty will be given notice as follows:
(a) Senior lecturers, and tenure-track faculty within the first year of notification employment, shall be notified no later than March 1, for appointments based on the academic year, or three (3) months prior to the Reduction in Force and end of an appointment for appointments based on an alternative period.
(b) Tenure track faculty within the second year of employment shall be given notified no later than December 1 for appointments based on the opportunity academic year, or six (6) months prior to bump back into that position provided their seniority allows and they meet the minimum requirements end of the appointment for the positionappointments based on an alternative period.
8.4 The EMPLOYEE (c) Tenure-track faculty with two (2) or more years of uninterrupted tenure track service, and all tenured faculty, shall be notified no later than June 1 for appointments based on the most seniority in academic year, or twelve (12) months prior to the job classification held at end of the time of lay off appointment for appointments based an alternative period.
15.3.7 For layoffs resulting from a severe financial crisis, special faculty lecturers, probationary and tenured faculty will be called back first. All EMPLOYEES who have been laid off given notice as follows:
(a) Special faculty, and tenure track faculty within the first year of employment, shall have be provided with a minimum of three (3) months’ notice prior to their layoff.
(b) Tenure track faculty within the right second year of written recall within employment shall be provided with a minimum of six (6) months’ notice prior to their job classification for layoff.
(c) Tenure-track faculty with two (2) or more years of uninterrupted tenure-track service, and all tenured faculty, shall be provided with a period minimum of twelve (12) months from the date oflayoffmonths’ notice prior to their layoff.
8.4.1 When Bus Drivers/Bus Attendants are 15.3.8 Every effort shall be made to find suitable employment within the University for faculty laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute poolunder this Article. The riffed EMPLOYEE Tenured faculty shall have the right of first refusal opportunity to any substitute assignment in their job classificationobtain up to one (1) year’s retraining, through remunerated leaves, for other programs which have a need for additional or replacement faculty and for which the faculty member is qualified. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallNo faculty may be relocated without consultation with all departments concerned.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter15.3.9 If faculty are laid off, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES they shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.a reemployment list for up to two
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 1. The Board may reduce the event it is necessary to have number of employees in case of retrenchment necessitated by financial exigency, reorganization, or other cause determined by the Board of Education.
2. The Superintendent shall announce when a reduction in staffforce is necessary and seniority shall be the basis for reducing positions.
3. Seniority will be defined as length of continuous service from the most recent date of employment in a bargaining unit classification in the Plain Local School District. Approved Leaves of Absence shall not break seniority, nor shall they count toward seniority.
4. When reduction in force becomes necessary, it shall occur within a classification: Non-tenured shall be the first ones released. Tenured shall be the last ones released.
5. The employees reduced or laid off shall be notified by certified mail and/or receipted methods.
6. Once announced, the SUPERINTENDENT, in accordance with Board shall provide a certified list to the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, Association on the order of reduction shallbe:recall.
8.1.1 PROBATIONARY employees within 7. An employee whose name appears on the job classification Reduction in Force list shall be laid off firstoffered re-employment when a position becomes available. Drivers shall be recalled in descending order of seniority. No new drivers shall be employed by the Board while there are drivers on the Reduction in Force list.
8.1.2 Full-time regular (non-probationary) EMPLOYEES 8. Employees being recalled shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION notified by certified mail and the EMPLOYEES shall be given written notice of layoff at least thirty have ten (3010) calendar working days prior to from the date of receipt to respond affirmatively. It shall be the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within driver’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) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionworking days.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification9. If the riffed EMPLOYEE employee fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of affirmative upon recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during shall be removed from the recall periodlist and the Board of Education shall have no further obligation.
8.7 10. The SUPERINTENDENT agrees that recalled EMPLOYEES recall list shall be placed on the experience step of the salary schedule on which they were placed at the time of layoffmaintained for two (2) years.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Section 24.1 Reductions in the event it is necessary work force shall be made, to have a reduction the extent needed within each location and department, as follows:
(a) Occasional, temporary, probationary, and regular part-time employees will be laid off first and in staffthat order.
(b) Thereafter, employees will be laid off from the job title affected in reverse order of seniority, namely, the SUPERINTENDENT, in accordance employees with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification least seniority shall be laid off first.
8.1.2 Full-time regular (non-probationaryc) EMPLOYEES shall be Employees laid off may in turn exercise reassignment rights in accordance with Section 25.2 of this Article.
Section 24.2 An employee with one (1) or more years of seniority shall have reassignment rights. Reassignment may be to a job in the inverse same job title but in another district. Reassignment may be to a job in another job title which the employee previously held with the Company. In such instance the employee must have performed that job to the satisfaction of the Company and can still perform it satisfactorily with a maximum of forty (40) hours of refresher training. The Company shall decide whether qualifications are adequate. In the application of rights under this Section, the following limitations shall apply:
(a) Employees having one (1) but less than three (3) years' seniority may exercise their reassignment rights within the same district.
(b) Employees having three (3) or more years' seniority may exercise their reassignment rights within the same Local (4470-4474-4475-4322).
(c) Employees having ten (10) or more years' seniority may exercise their reassignment rights within the Collective Bargaining Unit.
(d) Employees exercising reassignment rights must have greater seniority than the employees they displace.
Section 24.3 When an employee exercises reassignment rights under Section 24.2 requiring relocation, the Company may select the district or sub-district where operating factors become a matter for consideration. Costs of moving to the new district or sub-district will be assumed by the employee.
Section 24.4 An employee who declines to exercise reassignment rights available under Section 24.2 does not prejudice the employee's rights for recall from layoff under the provisions of Section 24.5 of this Article.
Section 24.5 In recalling employees laid off, seniority by location and job title in reverse order of seniority within layoff shall prevail, that is, the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE laid off employee with the most seniority in will be recalled first, provided that employee is capable of performing the job classification held available, with only such time as an employee with previous experience on such job assignment would reasonably require, and except that the employee shall not be upgraded by being recalled. An employee must accept recall to an opening in that employee's regular job title or to any similar or comparable job at the original district or sub-district. Otherwise that employee shall be deemed to have quit the Company's employment. An employee may decline recall to an opening in that employee's regular job title or to any similar or comparable job at a district or sub-district other than the original district or sub-district, if to accept it would be a hardship because of geographical considerations.
Section 24.6 An employee who has been reassigned in accordance with the provisions of Section 24.2 of this Article shall have the opportunity to return to a job available in that employee's regular district or sub-district before laid-off employees of lesser seniority are recalled or new employees are engaged, provided the employee is capable of performing the job available, with only such time as an employee with previous experience on such job assignment would reasonably require and except that the employee shall not be upgraded by being returned. When offer of lay off will return has been made the employee shall accept within one (1) week of receipt of such notice and shall report for duty within two (2) weeks of the date such return is offered. Otherwise, that employee shall forfeit the right of return. Any offer of return shall be called back firstmade in person and/or by certified mail, return receipt requested, addressed to the latest address furnished by the employee. All EMPLOYEES If an employee reassigns to a higher position or is promoted, thus being higher than the position from which they were laid off, and they are assigned to the District from which they were laid off, they shall not have recall rights down to that original position.
Section 24.7 Employees who have been laid off must keep the Company informed of the address at which they can be reached. Any offer of re-employment shall have be made in person and/or by certified mail, return receipt requested, addressed to the right latest address so furnished. When an offer of written recall re-employment has been made, the employee shall accept within their job classification one (1) week of receipt of such notice and shall report for a period duty within two (2) weeks of twelve (12) months from the date oflayoffsuch re- employment is offered. If an employee fails to comply with the time limits set forth in this Section, or fails to keep the Company informed of that employee's latest correct address, that employee shall forfeit all further rights and shall be deemed to be terminated. An exception shall be allowed if temporary personal disability prevents acceptance of the recall offer.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE Section 24.8 An employee shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date receive basic wage rate of the District's letterjob to which that employee is reassigned, sent by Certified Mailor returned, or recalled, which basic wage rate is to be determined upon the EMPLOYEE's address on file in the Human Resources Office shall result in termination basis of the EMPLOYEEemployee's rights length of recall.
8.6 The SUPERINTENDENT agrees service except that no new EMPLOYEES shall the rate may not be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to higher than the part time position in their classification. If basic wage rate the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed employee held on the experience step of the salary schedule on which they were placed regular job at the time of layoff.
Section 24.9 Reductions in force will be made on the basis of either layoffs or part-timing. The Company will notify the Union at least two (2) weeks in advance before laying off or part-timing regular full-time employees provided circumstances allow the Company to give such notice. Upon request, the Company will meet with the Union to discuss its layoff or part-time plans, but this shall not preclude the Company from proceeding with such layoffs as may be necessary.
Section 24.10 Layoff allowance shall be in the amount of 100% of two (2) week’s pay for each year of service up to a maximum of thirty (30) weeks’ pay at the 100% rate which is paid in a lump sum. The number of weeks accrued will be established based on the number of years of service at the time of initial layoff. Full separation pay for reduction in force shall be paid a second time if the employee has worked twelve (12) additional months after return from his or her layoff and is again laid off. An employee who volunteers to accept permanent termination (except those employees whose job has been abolished or an employee bumped by such employee who would be automatically terminated) will be paid per the above severance schedule based on their length of service when approved by the Company.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In A. If the event Board determines that it is necessary to have reduce the number of unit member positions, such reductions shall be for one or more of the following reasons:
1. A decline in enrollment;
2. A return of unit member(s) from leave of absence;
3. The suspension of schools;
4. Territorial changes affecting the District;
5. Financial reasons.
B. The Superintendent shall determine which positions shall be affected and shall recommend which teachers shall be laid off. The Superintendent will use the following criteria in determining which teachers are to be laid off:
1. The Board may make any reductions in force first through staff retirement and voluntary resignations.
2. Bargaining unit members shall be placed in one (1) of three (3) groups for the purpose of a reduction in staffforce, as described below. These groups shall be called "Group One," "Group Two," and "Group Three." Members within each Group shall be deemed "comparable," except that members under continuing contracts shall be given preference over all members under limited contracts within the SUPERINTENDENT, in accordance with same Group.
a. Group One shall be comprised of all members who were rated "Ineffective" on their evaluation using the provisions calculation set forth below;
b. Group Two shall be comprised of all members who were rated "Developing" on their evaluation using the calculation set forth below; and
c. Group Three shall be comprised of all members who were rated "Skilled" or "Accomplished" on their evaluation using the calculation set forth below.
3. Any reduction in this articleforce shall begin with members in Group One, followed by Group Two, and finally, Group Three. The teachers shall determine be placed in the aforementioned groups based upon an average of the three (3) most recent summative ratings calculated as follows: • Ratings of Accomplished shall equal four (4) points;1 • Ratings of Skilled shall equal three (3) points;2 • Ratings of Developing shall equal two (2) points; • Ratings of Ineffective shall equal one (1) point. The sum of the teachers' 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. The teacher shall then be placed in the appropriate Group based on his/her average rating. For example, a teacher rated Developing, Skilled, and Skilled in the most recent three (3) years would be placed in Group Three (2 + 3 + 3 = 8 / 3 = 2.666 which EMPLOYEES is rounded to 3 = Skilled). Experienced teachers who are new to the District shall have their ratings from their prior district used in the calculation. First and second year teachers shall be retainedplaced in Group One. In Third year teachers shall have their first two (2) years' scores averaged for placement in the event of layoff, the appropriate Group. The order of reduction shallbewithin each Group shall be:
8.1.1 PROBATIONARY employees within a. Members under limited contracts beginning with the job classification least senior; and then,
b. Members under continuing contracts beginning with the least senior.
4. No preference shall be laid off firstgiven to any member based on seniority, except when deciding between members who have comparable evaluations.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall 5. A unit member whose contract is to be laid off in the inverse order suspended as a result of seniority within the job classification.
8.2 The UNION and the EMPLOYEES a RIF program shall be given written notice notification prior to May 15. Such notification is to either be hand delivered after the end of layoff the student day, or sent by certified mail if hand-delivery at least thirty school is not possible.
6. Unit members whose teaching contracts have been suspended will be recalled in reverse order of suspension to vacant bargaining unit positions for which they are, or have become, certified/licensed. If not recalled within a period of two (302) years from the effective date of suspension, the name of the member will be removed from the recall list. Notice of recall will be made by telephone and by certified mail, to the most recent address contained in the records of the Board of Education. If the member has not provided written acceptance of the offer of recall within ten (10) calendar days prior to the date of mailing of the layoff.
8.3 EMPLOYEEs notice of recall, or if the member declines recall, the member's name will be removed from the list. 1 Teachers who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force are rated “Accomplished” and who are not evaluated every year shall be given the opportunity deemed to bump back into that position provided their seniority allows and they meet the minimum requirements be “Accomplished” (i.e. shall receive 4 points) for the position.
8.4 The EMPLOYEE with the most seniority years in the job classification held at the time of lay off will be called back firstwhich they are not evaluated. All EMPLOYEES 2 Teachers who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES rated “Skilled” and who are not evaluated every year shall be hired deemed to be “Skilled” (i.e. shall receive 3 points) for the years in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoffare not evaluated.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In A. Pursuant to G.L. Chapter 71, Section 42, in the event it is necessary to have a reduction decrease in staffthe number of pupils, or financial and budgetary considerations in the SUPERINTENDENTschools, in accordance or a reorganization of educational programs, renders advisable the dismissal of one or more teachers, a teacher with the provisions set forth in this articleProfessional Teacher Status under G.L. Chapter 71, Section 41, shall determine which EMPLOYEES are not be dismissed if there is a teacher who does not have Professional Teacher Status whose position the teacher with Professional Teacher Status is qualified to be retainedfill. In See side letter on Chapter 71, Section 42 as revised by the event of layofflegislation effective September 1, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first2016.
8.1.2 Full-time regular (1) If a group of teachers within a department or classification has identical length of service, then lots will be drawn among said teachers to determine seniority. Placement of additional person(s) into an already existing, identical seniority grouping, due to transfers from one department or classification to another, will be made by having the additional person(s) added to the bottom of the already existing seniority grouping.
(2) For teachers who were employed in the ▇▇▇▇▇▇▇ Public Schools or the Ayer Public Schools and who were immediately thereafter employed in the ▇▇▇▇ ▇▇▇▇▇▇▇ Regional School District, seniority will be defined as the number of years, months and days of continuous service in the Shirley, Ayer, and Regional School systems combined. For all other teachers, seniority will be defined as the number of years, months, and days of continuous service in the ▇▇▇▇ ▇▇▇▇▇▇▇ Regional School District. ▇▇▇▇ leaves of absence will be credited for purposes of seniority. Unpaid leaves of absence will not be credited for purposes of seniority but will not break the continuity of service. If a member of the bargaining unit leaves the unit to serve in a non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another bargaining unit position within the District, time in the non-bargaining unit may request, in writing, within five (5) business days position will not be credited for purposes of notification seniority but will not break the continuity of service. If said individual returns to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time positionbargaining unit, he/she will maintain their recall rights during retain only that seniority credit that he/she had when he/she left the recall periodbargaining unit. Part-time service and/or partial year service will be prorated for seniority purposes.
8.7 (3) On October 15 of each school year, the Superintendent shall forward to the Association a current seniority list. Should the Association choose to challenge the accuracy of any seniority list submitted under this Agreement, written notice detailing the challenge shall be sent to the Superintendent within twenty (20) school days of receipt of the seniority list. Within -ten (10) school days of receipt of the challenge, the Association's representative shall meet with the Superintendent to resolve the challenge. If the parties are unable to resolve the challenge, the matter shall be immediately submitted to arbitration in accordance with Article V of the Agreement. Challenges to the makeup of the subsequent seniority lists may be made only to the extent of the change, if any, from the preceding seniority list. The SUPERINTENDENT agrees that recalled EMPLOYEES rest of this Article below will apply only to teachers with Professional Teacher Status.
(4) Teachers with Professional Teacher Status shall appear on the seniority list in only one department and/or classification. If a teacher teaches in more than one department and/or classification, the teacher will be placed on the seniority list in the department and/or classification in which the majority of teaching time is spent.
(5) If a reduction in teaching staff results in the layoff of a teacher with Professional Teacher Status, the order of layoff shall be on a departmental or classification basis. The teacher currently in that department or classification with the least seniority shall be the first to be laid off, provided that the performance (as reflected in evaluations), training, and subject area teaching experience step of the salary schedule senior teacher is at least equal to the teacher to be laid off. A displaced teacher with Professional Teacher Status shall have the right to replace any teacher with Professional Teacher Status with less system wide seniority holding a position for which the senior teacher with Professional Teacher Status is certified, provided that performance, training, and subject area teaching experience of the senior teacher with Professional Teacher Status are at least equal to that of the junior teacher with Professional Teacher Status in the position.
(6) Teachers who are reduced from full to part-time status will be paid on which they were placed at the time a pro-rata basis.
(7) Each department or classification listed below shall constitute a separate unit for purposes of layoff: Art, Librarian, Social Studies, Computer Technology, Mathematics, Special Education, Elementary (PreK-6), Music, World Language, English, Nurses, Occupational Therapists, EL, Physical Education/Health, Speech Therapists, School Counselor, Science, School Psychologist.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In The Employer shall have the event right to reduce its work force in its building pursuant to this Agreement provided that it is necessary can establish that the changes listed below eliminate an amount of work similar to have a the proposed reduction in staffworker hours:
(i) Vacancies in the building;
(ii) Reconstruction of all or part of building;
(iii) The tenant performing the work itself. If the Employer seeks to reduce its work force it shall give four (4) weeks' written notification to the Union of any anticipated reduction in force. The Employer shall also give one (1) week's notice of layoff (or discharge), the SUPERINTENDENTor, in accordance lieu thereof, an additional one (1) week’s pay to any employee employed for one (1) year or more. The one (1) week's pay provided herein shall be in addition to any termination pay and/or accrued vacation pay that might be due to the employee. The notice should inclu de the specific reason for the reduction and the number of worker hours being reduced. Up on request of the Union, additional information with respect to changes in work assignments occasioned by the provisions set forth in this article, reduction shall determine which EMPLOYEES are to be retainedprovided. In the event of layoffthat the four (4) weeks' notice provided for herein is not given and the Employer lays off employees pursuant to this provision, the order Employer shall pay an amount equal to the laid -off employees' wages and fringe benefits (including, but not limited to Pension, Health, Training, Legal and SRSF Fund Contributions, Holidays, Vacation, Sick Pay and Premium Pay) for the period beginning with the layoff until four (4) weeks after the Employer notifies the Union or the issuance of a final arbitration award whichever is sooner but in no event less than four (4) weeks, even if the layoff is upheld by th e arbitrator. The arbitrator shall not grant any adjournments of reduction shallbe:
8.1.1 PROBATIONARY employees within in force cases without mutual consent. In the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off event that a reduction in the inverse order of seniority within the job classification.
8.2 The UNION work force is implemented pursuant to this section, and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days reason for the reduction ceases to exist, the work force that existed prior to the date reduction shall be restored. In the event that the Employer desires to implement a reduction in force among employees working in its building that is not provided for above, it may do so provided that it can demonstrate to the Union that such reduction is justified. No such reduction may be implemented without the written consent of the layoff.
8.3 EMPLOYEEs who previously held another position within Union. For any violation by the bargaining unit may request, in writing, within five (5) business days Employer of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE any provision which deals with the most seniority necessity of obtaining the written consent of the Union regarding a decrease in the job classification held at the time number of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right employees and/or hourly work schedules and maintenance of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Forceconditions on all jobs, the riffed EMPLOYEE(s) may move to Employer shall pay the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date fee of the District's letter, sent by Certified Mail, to Contract Arbitrator and all expenses in connection with the EMPLOYEE's address on file in the Human Resources Office shall result in termination arbitration of the EMPLOYEEdispute, including but not limited to counsel fees, auditor's rights of recallfees, arbitration costs and fees and court costs.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 2 contracts
Sources: Independent Loft Agreement, Independent Loft Agreement
REDUCTION IN FORCE. 8.1 In A. Pursuant to G.L. Chapter 71, Section 42, in the event it is necessary to have a reduction decrease in staffthe number of pupils, or financial and budgetary considerations in the SUPERINTENDENTschools, in accordance or a reorganization of educational programs, renders advisable the dismissal of one or more teachers, a teacher with the provisions set forth in this articleProfessional Teacher Status under G.L. Chapter 71, Section 41, shall determine which EMPLOYEES are not be dismissed if there is a teacher who does not have Professional Teacher Status whose position the teacher with Professional Teacher Status is qualified to be retainedfill. In See side letter on Chapter 71, Section 42 as revised by the event of layofflegislation effective September 1, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first2016.
8.1.2 Full-time regular (1) If a group of teachers within a department or classification has identical length of service, then lots will be drawn among said teachers to determine seniority. Placement of additional person(s) into an already existing, identical seniority grouping, due to transfers from one department or classification to another, will be made by having the additional person(s) added to the bottom of the already existing seniority grouping.
(2) For teachers who were employed in the ▇▇▇▇▇▇▇ Public Schools or the Ayer Public Schools and who were immediately thereafter employed in the ▇▇▇▇ ▇▇▇▇▇▇▇ Regional School District, seniority will be defined as the number of years, months and days of continuous service in the Shirley, Ayer, and Regional School systems combined. For all other teachers, seniority will be defined as the number of years, months, and days of continuous service in the ▇▇▇▇ ▇▇▇▇▇▇▇ Regional School District. ▇▇▇▇ leaves of absence will be credited for purposes of seniority. Unpaid leaves of absence will not be credited for purposes of seniority but will not break the continuity of service. If a member of the bargaining unit leaves the unit to serve in a non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another bargaining unit position within the District, time in the non-bargaining unit may request, in writing, within five (5) business days position will not be credited for purposes of notification seniority but will not break the continuity of service. If said individual returns to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time positionbargaining unit, he/she will maintain their recall rights during retain only that seniority credit that he/she had when he/she left the recall periodbargaining unit. Part-time service and/or partial year service will be prorated for seniority purposes.
8.7 (3) On October 15 of each school year, the Superintendent shall forward to the Association a current seniority list. Should the Association choose to challenge the accuracy of any seniority list submitted under this Agreement, written notice detailing the challenge shall be sent to the Superintendent within twenty (20) school days of receipt of the seniority list. Within -ten (10) school days of receipt of the challenge, the Association's representative shall meet with the Superintendent to resolve the challenge. If the parties are unable to resolve the challenge, the matter shall be immediately submitted to arbitration in accordance with Article V of the Agreement. Challenges to the makeup of the subsequent seniority lists may be made only to the extent of the change, if any, from the preceding seniority list. The SUPERINTENDENT agrees that recalled EMPLOYEES rest of this Article below will apply only to teachers with Professional Teacher Status.
(4) Teachers with Professional Teacher Status shall appear on the seniority list in only one department and/or classification. If a teacher teaches in more than one department and/or classification, the teacher will be placed on the seniority list in the department and/or classification in which the majority of teaching time is spent.
(5) If a reduction in teaching staff results in the layoff of a teacher with Professional Teacher Status, the order of layoff shall be on a departmental or classification basis. The teacher currently in that department or classification with the least seniority shall be the first to be laid off, provided that the performance (as reflected in evaluations), training, and subject area teaching experience step of the salary schedule senior teacher is at least equal to the teacher to be laid off. A displaced teacher with Professional Teacher Status shall have the right to replace any teacher with Professional Teacher Status with less system wide seniority holding a position for which the senior teacher with Professional Teacher Status is certified, provided that performance, training, and subject area teaching experience of the senior teacher with Professional Teacher Status are at least equal to that of the junior teacher with Professional Teacher Status in the position.
(6) Teachers who are reduced from full to part-time status will be paid on which they were placed at the time a pro-rata basis.
(7) Each department or classification listed below shall constitute a separate unit for purposes of layoff.: Art Librarian Social Studies Computer Technology Mathematics Special Education Elementary (PreK-6) Music World Language English Nurses Occupational Therapists ELL Physical Education/Health Speech Therapists Guidance Science
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event 1. When it is necessary to have a lay represented employees off due to reduction in staffof forces, the SUPERINTENDENT, it shall be done in accordance with the provisions set forth in this articletheir overall company seniority standing. When it becomes necessary to put represented employees back to work, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be those who were laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back firstto work according to their seniority standing. All EMPLOYEES who Their seniority when they come back will date as of the date, they were last hired with COTPA and not as of the date they were called, provided that any employee affected must have and had one year's accumulated service with COTPA at the time he or she was laid off. If he or she was not called back within twenty-four (24) months from the time he or she was laid off, he or she will lose all seniority. Also, he or she shall not receive the benefit of pay increase due to length of service while out of actual service. Any employee laid off must file his or her address in writing with the head of the department within one (1) week after he or she was laid off, and in case of change of address, the department head must be notified within twenty-four (24) hours. It is understood that the employee must return to service upon five (5) days’ notice of recall, Saturdays, Sundays, and holidays excluded. Notice of recall by certified letter deposited in the United States mail, or telegram filed with a telegraph company, will constitute notice under this section.
2. Employees with accumulated overall seniority that have been promoted to a supervisory position for COTPA will cease to accrue overall seniority during a reduction in force at such time as any UNION employee with more overall seniority has been laid off. The supervisory employee for COTPA will again begin to accrue seniority after receipt of a return to work by certified letter or telegram by COTPA, or after new employees are hired.
3. Laid off full-time employees shall be given preference for part-time work in order of seniority. Part-time status shall not impair recall right or full-time seniority rights.
4. COTPA may reduce the work force by section seniority given the following procedures.
a. The laid-off employees shall have the right of written recall within to bump into any other section, or division covered by this AGREEMENT in accordance to their job classification for a period of twelve (12) months from the date oflayoffoverall seniority.
8.4.1 When Bus Drivers/Bus Attendants are laid off due b. It shall be COTPA's responsibility to a Reduction train the employees in Forcethe job into which they bump. COTPA is not responsible for the training of those employees bumping into the Body Section, or the riffed EMPLOYEE(s) may move to the substitute poolMechanical Section. The riffed EMPLOYEE shall They must have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallprior training.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from c. Those bumping into the postmark date of Service Section or the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE Utility Maintenance Section will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.receive ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event (a) When it is becomes necessary to have a reduction in staffreduce expenses, the SUPERINTENDENTforce will be reduced, in accordance with seniority as per Rules 12 and 25 to govern, the provisions set forth in employees affected to take the rate of the job to which their seniority entitles them. Employees exercising seniority under this articlerule, will receive a day's time for each day of traveling, at the rate of pay for the position they are leaving, actual necessary expenses en route, automobile mileage established at the Carrier's current rate, and free rail or other transportation as authorized for dependent members of their families and household goods. The Carrier shall determine the manner in which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification household goods shall be laid off firstmoved, except that it shall not be by freight car. They will receive the rate of pay for the new position from the time they actually start work thereon.
8.1.2 Full-time regular (non-probationaryb) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within Not less than five (5) business days working days' notice will be given before forces are reduced or positions abolished. (See emergency provisions.)
(c) Employees laid off in reduction of notification force must keep their designated officer advised in writing, with copy to the Reduction in Force and shall General Chairman, of the address at which they may be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time called back. In restoration of lay off forces, furloughed employees will be called back firstin the order of their seniority, and if they return to service within fifteen (15) days, they will retain their seniority. All EMPLOYEES who have been Furloughed employees failing to return to service within fifteen (15) days of notice given to them at their last address will forfeit all seniority an their names shall be removed from all seniority rosters, unless prevented by sickness or disability, in which case they must request leave of absence as per Rule 15 within fifteen (15) days of such notice.
(d) Employees restored to service will not be laid off shall have aga in without the right same amount of written recall within their job classification for a period advance notice as provided in Section (b) of twelve (12) months from the date oflayoffthis rule.
8.4.1 When Bus Drivers/Bus Attendants are (e) In reduction or restoration of force, list of employees laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE or called back will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall periodfurnished General Chairman.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Sources: Schedule Agreement
REDUCTION IN FORCE. 8.1 In 27.01 The definition of seniority is as follows:
a) Employer seniority means the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance length of continuous service with the provisions set forth in this articleEmployer, dating from the employee's most recent date of employment.
b) Job seniority means the length of continuous service within a given job classification. An employee's seniority/employment shall determine which EMPLOYEES are to be retained. In terminated when one (1) or more of the event of layoff, the order of reduction shallbefollowing occur:
8.1.1 PROBATIONARY employees within a) He resigns;
b) He is discharged for just cause;
c) He is laid-off for a period of time exceeding one (1) year;
d) He retires;
e) He fails to report for work for more than two (2) working days without having given the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written Employer advance notice of layoff at least thirty (30his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) calendar days prior He becomes unable to perform the date essential job functions due to illness or injury and is unable to return to work upon the expiration of the layoff.any leave applicable to him; and
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, g) He refuses to recall or fails to report to work within five (5) business working days from the date the Employer sends the employee a recall notice. If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of notification lots. The Employer shall provide a current seniority list to the Reduction Union on an annual basis.
27.02 When it becomes necessary through lack of work, lack of funds, reorganization, or abolishment of jobs or functions 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 (1st) in Force and that order, by job classification, with the employee having the least job seniority laid-off first (1st). Full-time employees shall be laid-off next on the same basis.
27.03 Employees shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionat least two (2) weeks notice of layoffs.
8.4 27.04 The EMPLOYEE with the most seniority in the job classification held at the full-time employee who has been notified of lay off will be called back first. All EMPLOYEES who have been laid off layoff shall have the right of written recall to displace a less senior employee within their the same job classification for a period of twelve (12) months from within the date oflayoffEmployer based upon job seniority.
8.4.1 When Bus Drivers27.05 The full-time employee who has been notified of layoff shall also have the right to displace less senior employee within the bargaining unit in a position formerly held by the laid-off employee based upon the laid-off employee's job seniority in the former position.
27.06 The full-time employee who has been notified of layoff 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/Bus Attendants are laid off due to a Reduction in Forcedivision has been reached, the riffed EMPLOYEE(s) may move to the substitute poolif necessary, and laid-off. The riffed EMPLOYEE employee displaced under the provision mentioned shall have the right of first refusal to any substitute assignment displace less senior employees in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationbargaining unit provided they meet the qualification specifications.
27.07 In rehiring after a layoff, the EMPLOYEE Employer will lose his / her first refusal right but will retain offer re-employment to the right of recall.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:
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21a) calendar days from The employee is qualified in the postmark date opinion of the District's letter, sent by Certified Mail, Employer to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed perform available work at the time the offer of layoffemployment is made; and
b) The period of ▇▇▇▇▇▇ does not exceed one (1) year.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In (a) When the event it force is necessary reduced, junior Employees shall be demoted or furloughed in reverse order of seniority, unless doing so would deprive the Carrier of a person qualified to have a reduction in staff, perform service essential to the SUPERINTENDENToperation of the railroad and who is being used to perform such service, in accordance with which case the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification next junior Employee lacking that qualification shall be laid off firstfurloughed. The Carrier will promptly notify the Organization of any force reductions made under this Article.
8.1.2 Full-time regular (non-probationaryb) EMPLOYEES shall When the force is increased, furloughed Employees will be laid off recalled in seniority order, subject to being qualified to hold the inverse order of position for which recall is being made, and will retain their original seniority within the job classificationdates and standing.
8.2 (c) The UNION Carrier will initially contact furloughed Employees by phone to advise them of their recall. The Employee will advise the Carrier of the tentative date, subject to the limitation below, on which he will return to service. The Carrier will send written documentation of the phone call and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior tentative date on which the Employee will return, by registered mail, return receipt requested, to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationEmployee. If the riffed EMPLOYEE fails Employee is not available to accept receive the Carrier’s phone call, the Employee will be sent a notice of recall by registered mail, return receipt requested, to the last address of record. The Employee must contact the Carrier within three (3) substitute assignments days from (1) the date the furloughed Employee receives notice of recall by registered mail, return receipt requested, or (2) the date upon which such mail is first attempted to be delivered but remains unclaimed or unaccepted. Employees recalled in their job classificationaccordance with this Article will return to work within ten (10) working days after contacting the Carrier.
(d) Until the Employee reports for duty in accordance with paragraph (c) above, the EMPLOYEE will lose his / her first refusal right but will retain Carrier may fill the right of recallvacancy with a qualified, active employee, if available.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21e) calendar days from the postmark date A copy of the District's letter, sent by Certified Mail, recall notice will be furnished to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classificationOrganization. If the EMPLOYEE accepts Carrier has not been contacted by the part time positionEmployee by the third day, he/she it will maintain their recall rights during notify the recall periodOrganization of that fact.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on (f) Furloughed Employees are required to keep the experience step Carrier and the Organization currently informed of the salary schedule on permanent or temporary address and phone number at which they were placed at can be located; failure to do so or failure to report for duty within the time designated in the preceding paragraph will result in forfeiture of layoffseniority and all employment rights.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In Notice to the event it is necessary Association
15.1 The Board shall notify the Association before implementing any reduction in force. “Reduction in force” means termination or reduction of the employment of any contract or regular faculty employee because of a reduction or discontinuation of a particular kind of service or a decline in enrollment pursuant to have Education Code Sections 87743, 87744, 87745, and 87746. For the purposes of this article, “contract faculty employee” shall be limited in meaning to “probationary faculty employee.”
15.2 On or before February 1, the Board shall provide the Association with the reasons the Board believes a reduction in staffforce is necessary. If the Board fails to provide those reasons, the SUPERINTENDENTAssociation itself may initiate a grievance under Article 5 seeking compensation for any extra expenses it reasonably incurred because of the Board’s failure to adhere to this section, but the failure shall not be grievable by any individual faculty employee nor shall it invalidate the reduction in accordance force.
15.2.1 In addition, on or before February 1, the Board shall provide the Association with a list of potentially affected programs based on then available information. This provision shall not be grievable nor shall it invalidate the reduction in force.
15.3 Before the initiation of any formal reduction in force proceedings as described below in Section 15.5, an appropriate administrator shall meet with the provisions set forth in faculty employee whose program is subject to reduction or discontinuation. The purpose of this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification meeting shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order to discuss alternatives listed as part of seniority within the job classification.
8.2 this section. The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off faculty employee shall have the right to be accompanied by an FA representative. Subsequent to this meeting, the Board shall assign the faculty employee who would otherwise be subject to layoff to one or more of written recall within their job classification for a period the following if, in the judgment of twelve (the Board, any of them are available:
15.3.1 Reassignment under provisions of Article 12) months from ;
15.3.2 Transfer under provisions of Article 13;
15.3.3 Multi-campus assignments;
15.3.4 Saturday assignments as part of the date oflayofffive-day work week;
15.3.5 Day/evening assignments;
15.3.6 Evening assignments; or
15.3.7 Other duties beneficial to the District as determined by the Board.
8.4.1 When Bus Drivers/Bus Attendants are laid off due 15.4 In addition, to a Reduction avoid layoffs the Board may, in Forceconsultation with the Association, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal offer to any substitute assignment faculty employees who are willing to agree to do so, voluntary reduction in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationcontract, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallreassignment under Article 12.4, and/or transfer under Article 13.3.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Sources: Employment Agreement
REDUCTION IN FORCE. 8.1 In the event it (a) All demotions and reductions in force of full time and part time employees for lack of work will be handled separately in accordance with seniority, as provided for in paragraph (e) of Article 10.
(b) An employee having Title Seniority (one who has completed his probationary period) and who is necessary to have directly affected by a curtailment of work requiring a reduction in staffforce, the SUPERINTENDENTmay, at his option (except as provided in Article 42,
(1) exercise his seniority to displace another employee at his station in his own or lower classification within his Title Group, in a non bid position, or
(2) exercise his seniority to fill a vacancy or displace another employee at his station in his own or lower classification within his Title Group in a part time position, or
(3) If he has completed his probationary period, he may exercise his seniority to fill a vacancy at another station in his classification, in either a full time or part time position, not subject to bidding, in accordance with the provisions set forth of Article 12, or
(4) If he has one (1) or more years of seniority, he may exercise his seniority to displace the employee or employees with the least system seniority in his own classification or any lower classification, in either a full time or part time position not subject to bidding, or
(5) If he is retaining seniority in another Title Group, he may exercise his retained seniority, but only at his own station. If that Title Group and appropriate classification does not exist at the station where the reduction in force occurs, the employee may request a transfer to any existing vacancy in the system in the appropriate classification, in either a full time or part time position, in which event he will have preference over employees who otherwise qualify under the provisions of Article 12. If no vacancy exists, he may exercise this articleretained seniority to displace the employee with the least system seniority in his former or lower classification within the appropriate Title Group in either a full time or part time position. In the application of (2) above, shall determine which EMPLOYEES are the employee will be advised of and, in order of his occupational seniority, offered vacancies and displacement rights to part time positions at his station. In the application of (3) and (5) above, the employee will be retainedadvised of and, in order of his occupational seniority, offered his choice of the stations where the appropriate vacancies exist. In the application of (4) and (5) above, the employee will be advised of, and in the order of his occupational seniority, offered his choice of the stations where appropriate vacancies exist and the location or locations of the least senior employees in his classification in the system provided he has sufficient seniority. The number of least senior employees in the appropriate classification (both full time and part time) selected for displacement will correspond to the number of laid off employees who elect to exercise their seniority to a job in their own classification. The number of least senior employees exposed to displacement under this procedure will not be changed because of failure of a laid off employee to move to a job previously allocated. An unprotected employee displaced as a result of an employee exercising option (4) or (5) above his seniority will have displacement rights provided he has the required occupational seniority. In the event of layoffa planned reduction in force where a substantial number of employees or a substantial number of stations will be involved, the order Company will notify the International Vice President, Transport Workers Union of the number of employees by classification and station to be affected by the reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in force, a list of known vacancies in the inverse order same classifications by location and a list of the least senior employees by classification and location in the system who will be subject to the exercise of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date those employees notified of the layoff.
8.3 EMPLOYEEs (c) In the event of a Reduction in Force for Technical Crew Chiefs the following will apply:
(1) A Technical Crew Chief may exercise his seniority to displace the least senior Technical Crew Chief at his station, provided he passes the qualification test and selection panel for the job he is displacing; or
(2) If the Technical Crew Chief’s previous position was a bid Crew Chief or an Inspector position prior to becoming a Technical Crew Chief, he will be allowed to displace the least senior Crew Chief or Inspector at his station only provided he passes the qualification test for the job he is displacing; or
(3) A Technical Crew Chief may exercise his seniority under the provisions of Article 15(b). If the employee’s previous classification was not a bid position, he may exercise his seniority under the provisions of Article 15(b), but may not displace into a bid position at his own station or elsewhere in the system.
(d) An employee who previously held another position within the bargaining unit may request, in writing, desires to exercise his seniority as outlined above must notify his immediate supervisor of his intention to exercise his seniority within five (5) business days (exclusive of notification to the Reduction in Force his regular days off) of receipt of notice of layoff and shall be given the opportunity to bump back into must within ten (10) days (exclusive of his regular days off) of receipt of notice of layoff prove that position provided their seniority allows and they meet the minimum requirements his qualifications are sufficient for the position.
8.4 The EMPLOYEE with classification and type of work for which he desires to exercise his seniority. An employee exercising seniority under this Article who fails to prove that his qualifications are sufficient for the most classification and type of work for which he expressed a desire to exercise his seniority may exercise his seniority in the job a lower classification held at the time this station provided he notifies his immediate supervisor of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall his intention to exercise his seniority within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose calendar days after receipt of notice of his / her first refusal right but will retain the right of recallfailure to qualify.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21e) calendar days from Unless the postmark date reduction in force is the result of any reason set forth in Article 37(c), an employee who changes base stations under Article 15(b) (3), (4) or (5) will be reimbursed by the District's letter, sent by Certified Mail, Company for all moving and travel expenses in accordance with Company Regulations. Space available transportation for the employee and for members of his immediate family to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE extent permitted by law will be given first right furnished by the Company to an employee changing his base station under the provisions of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.paragraph
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 10-01. In the event it is becomes necessary for the Superintendent to have reduce the number of Assistants because of decrease in pupil enrollment, reduction of the budget or for other financial reasons, the procedures set forth in the Article will govern the termination and re- employment of Assistants affected:
a. To the extent possible, natural attrition will be used to reduce positions.
b. In determining which assistant will be laid off to accomplish a reduction in staffforce, the SUPERINTENDENT, in accordance with Superintendent or designee will consider the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event qualifications of layoffemployees, the order quality of reduction shallbe:
8.1.1 PROBATIONARY employees within past performance, as shown by all written evaluations on file, and the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall versatility and needs of the system. Where in the Superintendent’s judgment the above factors are substantially equal, Assistants will be laid off in the inverse order of length of continuous service as Assistants in the system, those with the least seniority within the job classificationto be terminated first.
8.2 10-02. The UNION and Superintendent or designee will attempt to notify assistants by June 1, but in any event will notify them no later than the EMPLOYEES shall last day of the school year preceding the layoff. Should layoff occur during the school year, the Assistant will be given written notice of layoff notified at least thirty (30) calendar days prior before the layoff is to the date of the layofftake effect.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay 10-03. All Assistants laid off will be called back first. All EMPLOYEES who have been laid off shall have the right of written placed on a recall within their job classification list for a period of twelve (12) months and will be recalled in the reverse order of layoff within classification. If a classification is exhausted, the following provisions apply:
a. Assistants will be notified of vacancies through the normal posting process and be able to accept positions outside of their classification, if their classification is exhausted, and if they have the necessary qualifications and the Superintendent or designee determines that with minimal on-the-job training they will be able to perform the duties of the vacant position.
b. No new Assistant will be hired until all Assistants with rights of recall from layoff according to this Article, who have the necessary qualifications, have been offered the available position.
10-04. Recall Procedures: A letter sent regular mail to the last address on file at the Human Resource office will constitute recall notice. Failure to provide electronic or other written acceptance within fourteen (14) days will result in elimination from the date oflayoffrecall list. The recall letter will state the location and the number of hours per week of the position to which the instructional assistant is being recalled. Human Resource staff will not be responsible for employee inquiries regarding specific responsibilities, start and end times of the assignment, and/or the identification of the supervising teacher. Such inquiries shall be directed to the Building Principal or Special Education Program Coordinator.
8.4.1 When Bus Drivers/Bus Attendants 10-05. If two (2) or more Assistants are laid off due effective the same date, for purposes of recall their order of layoff will be according to seniority.
10-06. To expedite the filling of a Reduction in Forcevacant position, the riffed EMPLOYEE(sSuperintendent or designee may notify more than one (1) may move person on the list of a possible vacancy, indicating whether they have first or lesser rights to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallposition.
8.5 An EMPLOYEE's failure to respond affirmatively 10-07. Any Assistant who is laid off and who is recalled within twenty-one (211) calendar days from year will regain the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights seniority and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal credited with the accumulated sick leave to the part time position in their classification. If the EMPLOYEE accepts the part time position, hewhich she/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed he was entitled at the time of layoff.
Appears in 1 contract
Sources: Employment Agreement
REDUCTION IN FORCE. 8.1 In 13.1 When the event it Board determines to reduce the number of bargaining unit positions because of lack of funds, abolishment of positions or lack of work, the following procedure shall be used:
A. The Board will determine in which classifications the reduction will occur and the number of positions to be eliminated.
B. The administration shall prepare a seniority list in the classification affected by the layoff listing employees in their order of classification/seniority.
C. Employees will be laid off with the employee with the least seniority in the classification affected by the layoff being laid off first, etc.
13.2 Any employee who was laid off shall be placed on a recall list for a period of two (2) years18 months from the effective date of the employee's layoff. After the provisions of Article 7 are met, Iif a vacancy occurs in the classification from which the employee was laid off, the most senior employee on the recall list in that classification shall be offered the vacancy.
(A) If an employee refuses an offered vacancy in his/her classification, his/her name shall be removed from the recall list and the Board's obligation hereunder terminated. The position will then be offered to the next person on the recall list. The procedure shall be repeated until the vacancy is necessary filled or there are no longer persons on the recall list in the classification effected.
13.3 The Board has fulfilled its responsibility herein by sending a notice of recall to have an employee at his/her last address left with the Transportation Supervisor. This notification of recall shall be sent by certified mail. Unclaimed, refused or non-deliverable letters or failure to respond within ten (10) days of the mailing of the notice will constitute refusal of the vacancy.
13.4 It is understood and agreed that the Board of Education may make a reduction in staff, force utilizing the SUPERINTENDENT, in accordance with the provisions procedures set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been 13.5 Bargaining Unit employees laid off shall have the right of written recall within be offered substitute positions that occur before other substitute employees in their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-and paid at step one (211) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallpay schedule for that classification.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In 27.01 The definition of seniority is as follows:
a) City seniority means the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance length of continuous service with the provisions set forth in this articleCity, dating from the employee's most recent date of employment.
b) Job seniority means the length of continuous service within a given job classification. An employee's seniority/employment shall determine which EMPLOYEES are to be retained. In terminated when one or more of the event of layoff, the order of reduction shallbefollowing occur:
8.1.1 PROBATIONARY employees within a) He resigns;
b) He is discharged for just cause;
c) He is laid-off for a period of time exceeding one (1) year;
d) He retires;
e) He fails to report for work for more than two (2) working days without having given the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written Employer advance notice of layoff at least thirty (30his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) calendar days prior He becomes unable to perform the date essential job functions due to illness or injury and is unable to return to work upon the expiration of the layoff.any leave applicable to him;
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, g) He refuses to recall or fails to report to work within five (5) business working days from the date the Employer sends the employee a recall notice. If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of notification lots. The Employer shall provide a current seniority list to the Reduction Union on an annual basis.
27.02 When it becomes necessary through lack of work, lack of funds, reorganization, or abolishment of jobs or functions 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 Force and 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.
27.03 Employees shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionat least two (2) weeks notice of lay-offs.
8.4 27.04 The EMPLOYEE with the most seniority in the job classification held at the full-time employee who has been notified of lay off will be called back first. All EMPLOYEES who have been laid lay-off shall have the right of written recall to displace a less senior employee within their the same job classification for a period of twelve (12) months from within the date oflayoffCity based upon job seniority.
8.4.1 When Bus Drivers27.05 The full-time employee who has been notified of lay-off shall also have the right to displace less senior employee within the bargaining unit in a position formerly held by the laid-off employee based upon the laid-off employee's job seniority in the former position.
27.06 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/Bus Attendants are laid off due to a Reduction in Forcedivision has been reached, the riffed EMPLOYEE(s) may move to the substitute poolif necessary, and laid-off. The riffed EMPLOYEE employee displaced under the provision mentioned shall have the right of first refusal to any substitute assignment displace less senior employees in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classificationbargaining unit provided they meet the qualification specifications.
27.07 In-rehiring after a lay-off, the EMPLOYEE City will lose his / her first refusal right but will retain offer reemployment to the right of recall.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:
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21a) calendar days from the postmark date employee is qualified in the opinion of the District's letter, sent by Certified Mail, City to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed perform available work at the time the offer of layoffemployment is made;
b) the period of lay-off does not exceed one (1) year.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff(a) If forces are reduced, the SUPERINTENDENT, employees affected will exercise their seniority in accordance with Rule 9. Employees exercising seniority under this rule, will receive a day's pay for each day of traveling at the provisions set forth rate of pay for the position they are leaving, actual necessary expenses en route, automobile mileage established at the Carrier's current rate as established in this articleAppendix R, and transportation as authorized for dependent members of their families and household goods. The Carrier shall determine the manner in which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification household goods shall be laid off firstmoved, except that it shall not be by freight car. They will receive the rate of pay for the new position from the time they actually start work thereon.
8.1.2 Full-time regular (non-probationaryb) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within Not less than five (5) business days of notification working days' notice will be given before forces are reduced or positions abolished. (See Emergency Force Reduction, Appendix J)
(c) Employees will be notified in writing if they are to be placed in furloughed status. Employees must keep their designated officer advised in writing, with copy to the Reduction in Force and shall General Chairman, of the address at which they may be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time called back. In restoration of lay off forces, furloughed employees will be called back firstin the order of their seniority, and if they return to service within fifteen (15) days, they will retain their seniority. All EMPLOYEES who have been laid off Furloughed employees failing to return to service within fifteen (15) days of notice given to them at their last address will forfeit all seniority and their names shall have the right of written recall within their job classification for be removed from all seniority rosters, unless a period of twelve an additional 15 days is approved by management. Furloughed employees prevented from reporting due to sickness or disability, must request leave of absence as per Rule 12 within fifteen (1215) months from the date oflayoffdays of such notice.
8.4.1 When Bus Drivers/Bus Attendants are (d) Employees restored to service will not be laid off due to a Reduction again without the same amount of advance notice as provided in ForceSection (b) of this rule.
(e) In reduction or restoration of force, the riffed EMPLOYEE(s) may move list of employees laid off or called back will be furnished to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recallGeneral Chairman.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21f) calendar days from Employees in furloughed status who accept a craft transfer with the postmark date of company, will, upon application, be furnished with the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file same transfer benefits set forth in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallRule 22.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed at the time of layoff.
Appears in 1 contract
Sources: Telecommunications Agreement
REDUCTION IN FORCE. 8.1 In 21-1 The School District retains the event it is necessary right, without negotiation, to have determine when a reduction in staffforce is necessary, the SUPERINTENDENTnumber of individuals whose employment must be terminated, and the 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 provisions procedures hereinafter set forth 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 this article, shall force will occur. (2010) 21-2-2 District seniority within the targeted job family will determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classificationforce. If the riffed EMPLOYEE fails 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 accept 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) substitute assignments in their job classificationyears from the date of lay- off. After three (3) years, the EMPLOYEE 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 they were dismissed at such time as there is a position open for which they are qualified, without resulting in promotion. (2013) Open positions will lose his / her be advertised within the district for transfer requests from existing employees first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days before RIF employees are recalled from the postmark date recall list. A recalled employee will be reinstated at the same salary step and benefits (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 higher step if they had not been RIF'd. The recalled employee will also be reinstated with their original seniority date. (2014)
21-5 A recalled employee shall accept the recall within ten (10) working days or shall not be eligible for the recall. The District shall notify all employees on leave of the District's letterabsence pursuant to this Article, sent of subsequent internal vacancies by Certified Mail, e-mail to the EMPLOYEE's last e-mail address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal furnished to the part time position in their classificationDistrict by the employee. If the EMPLOYEE accepts the part time positionemployee does not have an e-mail address, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES written notification shall be placed on sent to the experience step of the salary schedule on which they were placed employee at the time last address furnished to the District by the employee. No new appointments, except for substitute employees, shall be made within thirty days (30) of layoff.such notification. (2013) 21-6 According to the language in NRS 288.170, the Superintendent’s Secretary Position will be exempt from Article XXI-Reduction in Force. All other negotiated articles will apply to this position. (2014)
Appears in 1 contract
Sources: Negotiation Agreement
REDUCTION IN FORCE. 8.1 In 6.1 When the event it is necessary to have District determines that a reduction in staffstaff is necessary, the SUPERINTENDENTDistrict will designate which positions must be eliminated. Subsequent layoff will be implemented as follows:
6.1.1 When determining layoff, an affected employee's skill, ability, performance and record will be considered. If in accordance with the provisions set forth in this articleDistrict's judgment all things are equal, shall determine which EMPLOYEES are to seniority will be retained. In the event deciding factor.
6.1.2 Following written notice of layoff, a member of the order bargaining unit shall have three (3) working days to initiate a request to bump to another position.
6.1.3 A laid off member of reduction shallbe:the bargaining unit may bump to a lesser position for which the employee is qualified provided the bumping employee has greater seniority in the District, and the District cannot clearly demonstrate that the junior employee has greater skill, ability, and a better performance record.
8.1.1 PROBATIONARY employees within 6.1.4 Employees who are laid off shall receive priority consideration for subsequent rehiring during the job classification next twenty-four (24) months and shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off recalled in the inverse reverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another 6.1.5 All employee benefits shall cease when the layoff is effective. Employees laid off in conjunction with this article shall be allowed to participate in the District's insurance program at their own expense per Federal COBRA regulations.
6.1.6 When a laid off recalled employee is considered for a specific position, failure to interview when requested or indication of an unwillingness to accept the position within during an interview will result in the bargaining unit may request, employee losing priority consideration for future employment.
6.1.7 Offers under subsection 6.1.4 will be in writing, sent by certified mail, return receipt requested, and will allow the recalled individual five (5) working days from the postmark date to accept the offer, and an additional ten (10) working days after accepting the offer to report for work. It shall be the responsibility of the employee to inform the District of any address changes during the recall period. Failure to accept such an offer within five (5) business working days or failure to report to work within ten (10) working days after accepting the offer will result in loss of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements priority consideration for the positionfuture employment.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off 6.1.8 Reinstated employees will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the same wage experience step as prior to the layoff providing the reinstatement is to the same job classification. Upon reinstatement, employees will receive benefits in accordance with the terms of the salary schedule on which they were placed at this agreement, and leave accrued prior to layoff will be restored. Days accumulated toward completion of benefits and probationary waiting periods shall be restored excluding the time of layoff.
6.1.9 The source of funding for a District position will not be considered in applying this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 8.1 In the event it is necessary A. With regard to have a reduction in staffreduction-in-force, the SUPERINTENDENT, School Committee shall have the sole discretion in accordance with the provisions set forth in this article, shall determine determining which EMPLOYEES position or positions and/or which type of positions are to be retainedeliminated. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY Temporary employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall may be laid off in the inverse discretion of the School Committee and shall not be covered by this Article. Reduction-in-force will only occur at the end of a school year. Reduction- in-force shall only include the elimination of positions, not the reduction of hours for a position. Employees will be notified if they are affected by a reduction-in-force no later than June 15.
B. Except as specified in Paragraph E below, this Article shall not apply to Tutors, or Lunch Aides.
C. In the event that the School Committee decides to reduce the number of positions in any of the job classifications covered by this Article, the following procedures will be followed.
D. For purposes of layoffs, each of the job classifications (listed below) will be separate and distinct. In determining the order in which employees in a classification are to be laid off, evaluations of the employees will be the determining factor. Employees who receive overall "unsatisfactory" evaluations in either the work year at the end of which the reduction-in-force is to occur or in either one of the two years preceding same, shall be the first to be let go. The order of layoff shall be those with three overall "unsatisfactory" evaluations during the three-year period followed by those with only two, and then followed by those with only one. When individuals are tied on the basis of these criteria, then seniority within the job classificationclassification will be the determining factor in breaking the tie. If further reductions are necessary, then individuals who have received overall "substantial improvement needed" evaluations in either of the three (3) years as detailed above shall be laid off according to the same procedure as detailed above in regards to overall "unsatisfactory" evaluations. If further reductions are necessary, then employees who do not have teacher certifications and who have "satisfactory" evaluations in each of the three years detailed above shall be laid off. When individuals are tied on the basis of these criteria, then seniority within the job classification will be the determining factor in breaking the tie. If further reductions are necessary, then employees who have teacher certifications and who have "satisfactory" evaluations in each of the three years detailed above shall be laid off, with seniority within the job classification being the determining factor.
8.2 The UNION and E. Seniority is defined as the EMPLOYEES shall be given written notice length of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position total, continuous service within the bargaining unit may requestwithin the Dedham School system. Seniority shall include time spent on paid leaves of absence up to 12 weeks. Seniority shall not include paid leaves of absence greater than 12 weeks and shall not include time spent on unpaid leaves of absence. However, in writingany service immediately prior to or immediately following such excluded period shall be computed as continuous service. An employee shall lose his/her seniority if he/she resigns or retires, within five is terminated from his/her job, refuses or declines a recall, and/or is absent from work for any reason, including layoff, for one year or more. There shall be one seniority list for special education para-professionals for the following positions: elementary and secondary paraprofessionals, inclusion paraprofessionals, and one to one paraprofessionals. There shall be a separate seniority list for library paraprofessionals. There shall be a separate seniority list for teaching assistants.
F. For purposes of this Article, the job classifications are as follows: Library Aide Elementary School Teaching Assistant Secondary School Teaching Assistant Science Center Teaching Assistant ▇▇▇▇ Pre-kindergarten and Kindergarten Aide Elementary School Aide (Grades 1-5) business days of notification Middle School Aide (Grades 6-8) High School - School Aide (Grades 9-12)
G. An employee who qualifies under paragraph C above shall be considered to belong to that pool corresponding to the Reduction classification in Force and which he/she is assigned. A Teaching Assistant, Regular Education Aide, or Special Education Aide who has been transferred from one classification to another within the prior two (2) years will be considered to belong to both pools for the purpose of a RIF. If such an employee is laid off from his/her position within the pool corresponding to the classification to which he/she is currently assigned, he/she may take an existing position within the other pool provided he/she would be eligible for said position in that pool under paragraph D above. In addition, any Teaching Assistant, Regular Education Aide, or Special Education Aide having Massachusetts teaching certification will also be considered as belonging within each pool which corresponds to a grade level covered by his/her certification(s). Such an employee, if laid off from his/her current position, may take an existing position within another pool if his/her certification(s) include grade levels represented in that pool, provided that such employee would be eligible for said position in that pool under paragraph D above.
H. Exceptions to the provisions in this Article may be made by the Superintendent or his/her designee where it is necessary to do so in the interest of the students.
I. The School Committee’s decisions with respect to reductions in force shall be given subject to steps 1 and 2 of the opportunity grievance procedure but shall not be subject to bump back into that position provided their seniority allows and they meet the minimum requirements for the positionarbitration.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay J. Employees laid off under this Article who did not have unsatisfactory or substantial improvement needed evaluations will be called back first. All EMPLOYEES who have been eligible for recall within the particular classification from which they were laid off shall have the right in inverse order of written recall within their job classification layoff for a period of twelve (12) months from the effective date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due of their layoff. If such employee has provided a current mailing address to a Reduction in Forcethe Superintendent, the riffed EMPLOYEE(s) may move to Superintendent shall notify the substitute pool. The riffed EMPLOYEE shall have employee concerning any open positions in the right of first refusal to any substitute assignment in their job classification. If system within the riffed EMPLOYEE fails to accept three (3) substitute assignments in their employee's former job classification, and such employee shall be given preference in the EMPLOYEE filling of such positions. Failure to accept such an offer within ten (10) days of notification will lose his / her first refusal right but result in the forfeiture of all recall rights; similarly, if the Superintendent, after exerting due diligence, is unable to contact the individual within a ten-day period, this too will retain result in the right forfeiture of recallall recall rights by that individual.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from K. All employees shall be formally notified by June 15 regarding their employment status for the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recallfollowing year.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification L. A para-professional who have recall rights unless a sufficient number of positions exist moves from non-certified to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE certified status will be given first right of refusal to the part time position in their classification. If the EMPLOYEE accepts the part time position, he/she will maintain their recall rights during the recall period.
8.7 The SUPERINTENDENT agrees that recalled EMPLOYEES shall be placed on the experience step of the salary schedule on which they were placed remain at the time of layoffsame step and scale.
Appears in 1 contract
Sources: Collective Bargaining Agreement