Common use of REDUCTION IN FORCE Clause in Contracts

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 9 contracts

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

REDUCTION IN FORCE. A. In If, in the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation exclusive judgment of the reasonsBoard, it is determined to reduce the number of teachers on continuing contract or professional services contract, the Board shall attempt to accomplish such reduction by attrition. Such notification Prior to reducing the number of continuing contract/professional services contract teachers as provided herein, the Union shall be prior given the opportunity to formal School Board action relating to express its views regarding such reduction. If such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must of teachers on continuing contract cannot be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positionsaccomplished by attrition, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recallutilized: 1. Each employee Annual contract reappointments for the identified grade(s)/subject(s)/special area(s) shall be responsible for maintaining with not happen until the Employment Services Department, Reduction in writing, a telephone number and an address to which a notice of recall may be sentForce is completed. 2. The Board shall determine identify the subject areas and/or programs and instructional assignment(s) [grade(s)/subject(s)/special area(s)], to be reduced across the positions district. In excluding teachers from reappointment, the district shall first non-reappoint teachers whose most recent evaluation is Unsatisfactory. Next the district shall non-reappoint those teachers whose most recent evaluation is Needs Improvement. Next the district shall non-reappoint those teachers who most recent evaluation is Effective. In any cases of a tie among teachers of the same evaluation rating, the next determinant to be used shall be the area of certification then the years of continuous, creditable years of teaching experience, in which teachers with the most years of experience being the last to be identified for which recall will be madereduction in force. 3. Employees No continuing contract or professional services contract teacher who is subject to reduction pursuant to this Article shall be recalled reduced while an annual contract teacher is employed in inverse order of their layoff according to a position for which the sequential factors continuing contract or professional services contract teacher is certified, as provided by law. B. In the event it is determined a reduction in Section C. above. These employees teachers shall occur, the Union President shall be recalled given the opportunity to schools/programs discuss the reduction with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-C. If the Board shall determine to employ teacher(s) at any time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time during the seventeen (17) calendar months next following such reduction in staff, such positions shall retain their recall rights for fullbe offered in writing to the last highly effective or effective continuing contract or professional services contract teacher in such instructional assignment terminated in the inverse order of lay-time off, provided such teacher holds the required certification and half-time positionsis deemed by the Board to be qualified to fulfill the educational requirements of the district. Such offer, respectivelydelivered in person or by certified mail, shall be to the most current address of the teacher as reflected in the records of the Board. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees D. Nothing herein shall prohibit teachers who have five days been reduced pursuant to respond to a notice of recallthis Article from seeking and/or accepting gainful employment elsewhere. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed E. Nothing in this Article shall be construed as declining an offer to prevent the Board from providing staff balances to comply with mandated programs or to preclude or overcome any form of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the futureillegal discrimination. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 3 contracts

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

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-full- time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-re- employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In The Reduction in Force article shall apply to all releases, layoffs, or terminations for nonpersonal reasons. Nothing in this article is intended to modify the event discretion of the school board to non-renew probationary members under the Fair Dismissal Law (ORS 342.835) for any reason deemed in good faith sufficient so long as such reasons are personal to the member. B. The District shall determine when a reduction in force becomes is necessary and which programs shall be affected. When considering a reduction in force, the Superintendent shall notify District shall, insofar as reasonably practicable, provide forty-five (45) calendar days written notice prior to the end of the school year to the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to that such reduction in force. B. The Board force is under consideration and shall determine the subject specify which program areas and/or programsare being considered. At least thirty (30) calendar days prior to individual lay-off notices being issued, a complete bargaining unit seniority and the positions in which reductions must be made. The Association certification list shall be notified provided to the Association. Individual lay-off notices shall be issued no later than twenty (20) calendar days prior to the end of such determinationsthe school year. If reduction of force is necessary at midyear, the District shall, insofar as reasonably practicable, follow the sequence/timing of the procedure as outlined. C. CertificationIn conducting a layoff under this Article, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to the district will first determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a program(s) or area(s) scheduled for reduction in force shall be used to determine his/her placement within the above factorsor elimination. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. aboveAfter such determination, the parties shall mutually identify the subjects/disciplines and/or programs district will make every reasonable effort to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used transfer members in such program(s) or area(s) to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling vacant positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sentthey are properly licensed. 2. The Board shall determine district will make every reasonable effort to combine positions in a manner which allows members to remain licensed so long as the subject areas and/or programs and combined positions meet the positions for which recall will be madecurricular needs of the district. 3. Employees Layoffs will be based upon the criteria set forth in Section D. D. In the event the district, in its discretion, determines that a layoff is necessary, then it will determine the members to be retained by means of the following criteria: 1. A determination of whether the members to be retained hold the proper licensure to fill the remaining position(s). 2. A determination of the seniority of the member to be retained. “Seniority” shall be recalled in inverse order measured from the first day on the job for pay purposes inclusive of their layoff according to the sequential factors in Section C. aboveapproved leaves of absences. These employees Where seniority and license are equal, ties shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid offbroken by drawing lots. Lots will be drawn as early as possible. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Contract Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: (1) Recency of teaching experience in the subject/discipline and/or program. (2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. (3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contracttemporary contract b. Annual Contractannual contract c. Professional Services professional services or Continuing Contractcontinuing contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Personnel Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Personnel Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier certified mail, or by public noticeovernight delivery. Employees Any notice by telephone shall be confirmed by certified mail and the employee’s response must be received no later than the third day after the letter to confirm the telephone contact is received. Any other employee shall have five ten days to respond to a notice of recall.recall.‌ 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified non‐certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field out‐of‐field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field out‐of‐field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: (1) Recency of teaching experience in the subject/discipline and/or program. (2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. (3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contracttemporary contract b. Annual Contractannual contract c. Professional Services professional services or Continuing Contractcontinuing contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time full‐time continuous employment within the District, exclusive of long-term long‐term leaves of absence without pay. Half-time Half‐time experience shall count as one-half one‐half of full-time full‐time experience for the purpose of calculating seniority. Layoff Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term long‐term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-fieldout‐of‐field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time Full‐time teachers on recall who decline half-time half‐time positions and half-time half‐time teachers on recall who decline full-time full‐time positions shall retain their recall rights for full-time full‐time and half-time half‐time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A. The School Committee retains the right to determine the number of professional positions which are needed in the school system. In the event that financial limitations, pupil enrollments, curriculum changes or similar considerations cause the Committee to eliminate any positions covered by this Agreement, the following lay-off procedures shall apply: SECTION 1: The Committee shall make every effort to accomplish said reductions by attrition. SECTION 2: A teacher serving with professional teacher status shall not be laid off if there is a reduction teacher without professional status whose position the teacher with professional status is qualified to fill. SECTION 3: Layoffs shall be conducted within areas of certification in force becomes necessary inverse order of seniority. A junior teacher may be retained, however, if in the committee’s reasonable judgment no senior teacher is presently qualified to perform the position of the said junior teacher. A teacher reached for lay-off in a specific area of certification may bump a junior teacher in another area of certification provided said teacher is properly certified and in the reasonable judgment of the Administration is presently qualified to perform the position held by the junior teacher. To exercise bumping rights a teacher must, within fourteen (14) calendar days of receipt of lay-off notice, file with his/her immediate supervisor a notice of the Teacher’s desire to bump into a specific position. The notice shall include the name of the present incumbent in such position and describe the teacher’s qualifications. Within fourteen (14) calendar days thereafter, the immediate supervisor shall send notice to the teacher of the action on the bumping request. Part-time teachers, whose original appointment in the Avon Public Schools was as a part-time teacher, may not bump into a full-time position regardless of seniority. SECTION 4: Certification shall mean that the teacher has on file with the Office of the Superintendent shall notify evidence that the Association teacher possesses certification from the State Department of such necessity in writing with an explanation of the reasonsEducation. Such notification evidence must be on file by March 1 of each school year. Seniority shall mean the teacher’s length of continuous service (assumption of duties, not appointment) in year, months and days in the Avon School System. In cases of identical entry into the Avon School System, seniority shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be madeconsidered equal. The Association Teachers shall be notified credited for the seniority purposes up to a maximum of one (1) year for time spent on any leave of absence provided for in this Agreement. Any time spent beyond one (1) year on leave (s) of absence by any teacher shall be construed to break active service; and seniority will mean the total number of years, months and days preceding the leave, added to the total number of years, months and days after resuming active service after such determinations. C. Certification, contract type, leave(s) of absence. Resignation shall be deemed to break seniority, and level in the event of degree reemployment, seniority shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on computed from the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period assumption of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniorityduties. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.bin 1. b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contracttemporary contract b. Annual Contractannual contract c. Professional Services professional services or Continuing Contractcontinuing contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-full- time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-re- employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: (1) Recency of teaching experience in the subject/discipline and/or program. (2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. (3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contracttemporary contract b. Annual Contractannual contract c. Professional Services professional services or Continuing Contractcontinuing contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier certified mail, or by public noticeovernight delivery. Employees Any notice by telephone shall be confirmed by certified mail and the employee’s response must be received no later than the third day after the letter to confirm the telephone contact is received. Any other employee shall have five ten days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A. If the Superintendent-Director determines it necessary to reduce the number of teachers with professional status in the bargaining unit or to reduce the number of positions in any department or program held by a teacher with professional status, the Superintendent-Director agrees to carry out said reduction or position elimination according to the following procedures: 1. The retention or lay-off of any teacher with professional status whose job is eliminated or the displacement of any teacher with professional status affected by a reduction or elimination of program will be based on seniority in the bargaining unit, subject to possessing the basic ability and for the position involved. Teachers with professional status involved shall, in the following order, have the right to: a. Transfer to any vacancy in the bargaining unit for which they possess the basic ability and certifications and/or licensure. b. Replace the least senior employee anywhere in the unit, for which they possess the basic ability and certifications and/or licensure. c. Be placed on lay-off. 2. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification that seniority and basic ability and basic certifications and/or licensure are relatively equal, then preference for retention shall be prior to formal School Board action relating to such reduction in forcebased upon relevant training, experience, and graduate level coursework beyond the minimum required for the position. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made3. The Association shall be notified of such determinationsthe number of positions and persons involved in a lay-off of teachers with professional status at least sixty (60) days in advance of said lay-off. C. Certification, contract type, seniority, and level of degree shall B. Teachers on lay-off status will be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice subject to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recallprovisions: 1. Each employee shall The lay-off period will be responsible no more than two (2) years from the date of the lay- off, during which time: a. Teachers on lay-off will be given first consideration for maintaining with substitute teaching work in the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions field(s) for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to they possess the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department basic ability and the Superintendentcertifications and/or licensure. b. FullTeachers on lay-time teachers off will be given recall rights to any positions that become vacant or are created, subject to possession of the basic ability and certifications and/or licensure. Teachers will be recalled based upon seniority. c. Declination of any position offered during said two (2) year recall period will satisfy the Superintendent-Director's obligation under the recall provision and will terminate the teacher's employment by the Superintendent-Director. d. Teachers on lay-off will continue to accrue seniority in the bargaining unit. e. Teachers on lay-off will have the option of maintaining their medical insurance, subject to approval by the carrier, by assuming the full premium cost. f. The Association shall be notified of any recall who decline half-time positions and half-time teachers on be given copies of the recall who decline letters. C. Teachers with professional status employed in a less than full-time positions shall retain their position will be accorded bumping rights and recall rights for full-time in accordance with Article 24 and half-time positions, respectivelyconsistent with MGL. 4. Notice D. When a teacher without professional teacher status is either not renewed, terminated or reduced in position, the Association shall receive a copy of recall may be made by direct telephone contact said notification simultaneous with the employee, teacher. The notification to the teacher will be provided in accordance with the provisions of Massachusetts General Laws. The Association will be notified thirty (30) days in advance of the elimination and/or reduction of a position filled by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a without professional teacher an opportunity to seek re-employment with the District in the futurestatus. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layofflay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement