Common use of Staff Reduction Clause in Contracts

Staff Reduction. 11.1 When a reduction within the District is needed, the affected employee(s) and the Association will be notified as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. An employee whose position will be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board.

Staff Reduction. 11.1 When 14.01 In the event of a reduction within the District is neededlayoff, the affected Employer shall give the employee(s) affected the required notice under the Employment Standards Act and the Association will be notified give as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior much additional notice to the reductionUnion that is reasonably possible in all of the circumstances. 11.2 When 14.02 Part-time and probationary employees shall be laid off first provided there are sufficient qualified employees with seniority who are able to do the required work. In the event there is a reduction within requirement for further reductions in staff, employees shall be laid off in inverse order of company seniority, provided the District is needed, remaining employees are qualified and able to perform the Board will determine which position(s) will be eliminated or reducedrequired work. An employee whose position will is abolished or who is displaced shall be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects entitled to exercise his/her displacement company seniority rights and displace the most junior employee in the bargaining unit, provided he/she is either qualified to do the required work or can be qualified with minimal training. 14.03 When an employee is laid off, the employee will immediately register his/her name with the Employer in order that he/she may be notified of any work available. Laid off employees will, if qualified and able to perform the required work, be returned to work in order of company seniority when staff covered by this Agreement is increased, or vacancies occur. (a) An Employee who is unemployed at the time of a recall must report for duty within five forty-eight (548) working hours of being contracted unless the employee can provide a valid and satisfactory reason to the Employer for not doing so. (b) An employee who is employed at the time of recall must report for duty or give a satisfactory reason to the Employer for not doing so within eight (8) days from the date of mailing the notification to report by registered mail to the employee’s last known address. (c) It shall be the employee’s responsibility to keep the Employer notified of his/her layoff current telephone number as well as his address so that they will be up to date at all times. (d) In the event an employee does not report or reduction. An provide a satisfactory reason for failing to do so under (a) or (b) above, the employee displaced under this section is also entitled to displacement shall forfeit his/her seniority rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position Agreement and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified employment shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right deemed to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardterminated.

Staff Reduction. 11.1 A. When there is a reduction within in a specific classification, as defined in sub-paragraph B, employees currently serving in that classification shall be laid off commencing with the District is neededleast senior employee. In the selection of employees for layoff, the affected employee(s) school district shall retain those bargaining unit members with the greatest seniority provided they are properly qualified and able to perform all the needed duties for the position. B. Classifications are defined as: custodial, cafeteria, secretary, paraprofessional, computer/library instructional support technician and bus driver. C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association will be notified as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. An employee whose position will be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work president by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. ▇. ▇▇▇▇ off bargaining unit members shall be rehired in accordance with classification seniority; that is, the bargaining unit member with the greatest seniority in a classification shall be rehired first, provided they have the ability and skills necessary to perform the duties of the job that is open. Necessary skills will be determined by written job descriptions agreed upon by both parties. E. When rehiring laid off bargaining unit members, the school district will notify them by certified mail at their last known address. It shall be the duty of the member on layoff to provide their current mailing address to the administration. If such bargaining unit member does not notify the school district within seven (7) working days from the receipt mailing date of such notice that he/she will report for work on the recall notice via certified date specified, or registered mailgive a legitimate reason, that person shall be considered a voluntary terminated employee. Howeveras determined by the superintendent, if an employee is recalled to a position of lesser hoursfor delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have the option recall rights up to refuse the position and shall not be removed twenty-four (24) months from the recall list as a result date of this actionlayoff. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board.

Staff Reduction. 11.1 When a 6.1 In the event of reduction within the District is neededof staff in any gang, the affected employee(s) and the Association senior qualified employees will be notified retained. Employees laid off in such gangs or as to which position(s) a the result of displacement will be eliminated or reduced at least fourteen (14) calendar days prior to the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. An employee whose position will be eliminated or reduced shall have the right to displace an exercise their seniority in other extra gangs. 6.2 Displacement rights must be exercised and work commenced on that position of choice within 10 days of displacement except that employees who are on leave of absence at the time of displacement will be required to exercise such rights prior to resuming duty. An employee in failing to exercise such rights will forfeit his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in and his/her regular schedule name will be struck off the seniority list. 6.3 Employees will be given no less than the employee 4 working days' advance notice when regularly assigned positions are to be displacedabolished, except in the event of a strike or a work stoppage by employees in the Railway industry in which case shorter notice may be given. c. The 6.4 An employee who is laid off or reduced employee presently has and who desires to return to the necessary qualifications to perform service when work is available for him/her, must keep the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days proper officers of notification the Railway advised of his/her layoff or reductionaddress in order that he/she may be readily located when his/her services are required. An A laid-off employee displaced under failing to comply with this section is also entitled to displacement rule, will forfeit his/her seniority rights under this sectionagreement and his/her name shall be struck off the seniority list by agreement between the System Federation General Chairman and the appropriate officer of the Railway. 11.3 When filling vacancies which occur after a reduction in staff, laid 6.5 Laid-off bargaining unit members who have been released less than two (2) years, employees shall be recalled to service in the order of seniority, with the most senior member being recalled first to any position for which he/she seniority when staff is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the increased or when vacancies occur. 6.6 A laid-off employee who fails to report for duty, or to work give satisfactory reasons for not doing so within ten (10) working 15 calendar days from the receipt date of the recall notice via certified or registered mailnotification, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise forfeit his/her bumping rights. 11.5 For the purposes of seniority rights under this agreement, qualified and his/her name shall be defined as capable struck off the seniority list by agreement between the System Federation General Chairman and the appropriate officer of skillfully the Railway. 6.7 Rules 6.4, 6.5 and efficiently performing 6.6 do not apply in cases of employment for under thirty days' duration where the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden steady work of proof of greatly superior training and skills shall be on the Boardthirty days or more elsewhere.

Staff Reduction. 11.1 When Whenever the Employer decides it is necessary to reduce staff at one (1) or more of its locations, the Employer will advise the Union in writing of the layoff and the number of positions/classifications to be reduced. Prior to issuing layoff notices, the company will post a reduction notice at the location where the layoff is to take effect advising editorial employees of the need to reduce staff and the Employer’s intent to accept applications for voluntary resignations with severance pay as provided by the collective agreement for employees who have been laid off. Interested employees in the editorial department at the location will be required to apply within 14 calendar days. Acceptance of the voluntary resignation will be at management’s discretion. In the event the Employer does not receive the required number of voluntary resignations, employees will be laid off in reverse order of seniority by classification at each location affected, provided that those employees remaining are qualified to perform the work required. (A) Except in cases where more than three (3)weeks’ notice is required by the Employment Standards Act, there shall be three (3) weeks’ notice to the affected employees of any layoffs. The Employer will provide the Union with three (3) weeks’ notice of the layoffs and the names of the employees affected. (B) In the event of a layoff, temporary employees in the classification affected will be laid off before part-time or full-time employees. Thereafter, layoffs will proceed in reverse order of seniority in the affected classification. (C) If there is a layoff, the employee(s) affected may choose, in order of seniority, within two (2) weeks of such notice, to bump the employee(s) with the least seniority within their region (e.g. York Region). Where there is no employee with less seniority within the District is neededregion, then the affected laid-off employee(s) and may elect to bump the Association will be notified as employee(s) at the bottom of the chain wide seniority list. Employees may choose to which position(s) will be eliminated bump either those with the least seniority in the same classification, or reduced at those with the least fourteen (14) calendar days prior to the reduction. 11.2 When seniority in a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. An employee whose position will be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee which they have had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications prior permanent work experience and are competent to perform the work. d. (D) The laid off or reduced employee elects Employer shall consider any alternative to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this sectionthe layoffs presented by the union during the notice period. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board.

Staff Reduction. 11.1 When a reduction within the District is neededUpon giving initial written notice of ninety (90) calendar days, the affected employee(sCollege may, without hearing, lay off any faculty member (other than Student Success Specialists and Academic Success Specialists) at the end of the academic year because of necessary reduction in personnel, due to program elimination or reduced student enrollments, provided that when such reduction is contemplated the College will notify the President of the MCCEA at least seven (7) working days prior to the College’s decision. Said notice to the MCCEA President will include information similar to that provided to the Board and a listing of positions to be eliminated as soon as such list is available. For Student Success Specialists and Academic Success Specialists, the initial written layoff notice must be given ninety (90) calendar days before September 1. 1. The College will determine the areas in which layoffs will occur, and faculty will then be laid off in the following order: Part-time, Adjunct, Year-to-Year, Temporary, Probationary, and lastly, Continuing Full-time Status faculty. Retention of Probationary and Continuing Full-time Status faculty will be determined by seniority. All faculty subject to layoff in a particular subject area and who are tied in seniority will draw lots to determine the order of layoff. The process for drawing lots will be mutually agreed upon between the Association President and the Association College’s senior Human Resources manager. Either the faculty member or his/her designee may participate in the drawing. If the notified faculty member does not attend or does not send a designee after being notified of the time and place of the lot drawing, the remaining lot will be assigned to that person. If more than one notified as to which position(s) person in a particular subject area does not attend, lots will be eliminated or reduced at least fourteen drawn for them by the College representative in attendance in order by the faculty members’ name(s), first using last name and then using first name, and then using middle name. 2. Continuing Full-time Status faculty receiving notice of layoff may request a review of their qualifications by the Administrative/Faculty Committee (142+2 Committee) established in Article I.B.5 of this Agreement, to determine eligibility for transfer to another position. The Committee will review the qualifications for the position, including any job descriptions, licenses, certificates, state and federal requirements, and other requirements necessary for funding. In case of a tie vote by the Committee, the transfer will be allowed and the transferred faculty member will be placed on probation for one (1) year. If such transfer, following the procedures outlined in Article X.A.3.b results in bumping a Continuing Full-time Status faculty member with less seniority, that faculty member will also have the opportunity to appeal to the Committee. The Committee will process all appeals as expeditiously as possible. In the absence of a Committee decision, the College will have the right to determine eligibility for transfer. In no case will any notice of layoff be issued later than sixty (60) calendar days prior to the reductionend of the academic year. The decision of the Committee or the College as to eligibility for transfer will not be the subject of a grievance. 11.2 When a reduction within 3. As the District is neededresult of the layoff process, the Board will determine which position(s) Continuing Full-time Status faculty members may have their status changed to Temporary or Part-time Status. If in Temporary Status, he/she will be eliminated or reducedprovided the same benefits as any other Temporary Status employee under this Agreement. An employee whose position If in Part-time Status, he/she will continue to accumulate full faculty seniority and will be eliminated or reduced shall entitled to request and receive health insurance on the same basis as other Part-time Status employees under this Agreement. Benefit eligibility is subject to limitations of the insurance carrier. 4. Health insurance as set forth in Article XV of this Agreement may be provided by the carrier, in its sole discretion, at no cost to the College, for a period up to one (1) year, provided the faculty member is not covered by another plan. 5. Laid-off faculty members will have the no right to displace recall after the expiration of three (3) years; during those three (3) years they will be reinstated in inverse order of layoff in vacant positions for which they are qualified. 6. The College will notify laid-off faculty members of subsequent vacant bargaining unit positions for which they are qualified, by regular mail, to the last address registered by the faculty members in the Office of Human Resources. a. No new appointments will be made, except on a temporary basis, until thirty (30) calendar days after the mailing of such notification. b. No appointment of new faculty members will be made until all those laid-off faculty members qualified for the vacant position have been given an employee opportunity to be re-employed. c. Any notice of recall to a faculty member will be by certified mail. d. If a faculty member does not return to work at the time specified in his/her present job classification or another job classification recall notice, the College will have no further employment obligation to him/her except as provided in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displacedSubsection f below. b. The laid off or reduced employee had an equal or greater number of hours in e. If a faculty member has been recalled and is prevented from returning to his/her regular schedule than College work by (a) illness documented by a doctor’s statement, (b) a contractual obligation from which another employer will not release him/her, or (c) other emergency mutually agreed upon by the employee to be displaced. c. The laid off or reduced employee presently has College and the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise Union, his/her displacement rights within five right to recall will be extended for a period of up to one (51) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this sectionyear. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members f. Any faculty member who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position will be allowed time to provide reasonable notice of lesser hours, he/she shall have the option termination to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rightscurrent employer. Return must be at the beginning of a semester unless otherwise mutually agreed. 11.5 For 7. During said layoff, such faculty member’s seniority and sabbatical leave credits will continue to accumulate. Sick & Emergency, Personal Business, and Vacation days (if any) and salary schedule credits will be frozen at layoff and reinstated upon recall. All Student Success Specialists and Academic Success Specialists will be paid for unused vacation upon expiration of recall rights. College or university teaching and counseling experience gained during layoff will be evaluated by the College for salary purposes upon re-employment. 8. Any faculty member who is transferred because of this agreementlayoff will receive preferential consideration for any vacancies in his/her former position, provided there are no faculty members on layoff who are qualified shall be defined as capable of skillfully and efficiently performing for the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardposition.

Staff Reduction. 11.1 When 1. The Board may adopt a reduction within resolution ordering reasonable reductions in the District is needednumber of bargaining unit members for any of the following reasons: return to duty of Employees after leaves of absence, suspension of schools, territorial changes affecting the affected employee(s) and the Association will be notified as to which position(s) will be eliminated district or reduced at least fourteen (14) calendar days prior to the reductioncenter, financial reasons, lack of work, and/or decreased enrollment of students. 11.2 When a 2. Any reduction under this Article shall be based on seniority within each Classification affected, with preference to Employees with greater seniority as defined in the District is needed, the Board will determine which position(s) will be eliminated or reducedSeniority article (Article 19). 3. An employee whose position will be eliminated or reduced Each notice of reduction in force shall have the right to displace an employee in his/her present job classification or another job classification in accordance with state the following: a. The laid off or reduced employee has greater seniority than : reasons for the reduction in force, effective date of the reduction in force; and a statement advising the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this sectionrestoration rights. 11.3 When filling vacancies which occur after 4. For a reduction in staff, laid off bargaining unit members who have been released less than period of two (2) years, any bargaining unit member whose employment is reduced under this Article shall be recalled have the right of restoration to employment with the Board in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired if and when a bargaining unit members position in his/her former Classification becomes vacant or is created. No bargaining unit member whose employment has been reduced under this Article shall lose that right of restoration by reason of having declined recall to a position requiring fewer regularly scheduled hours of work than required by the position the Employee last held while employed in the District. Written notice of restoration shall be subject sent to recall for two (2) yearsthe employee’s last known address by registered or certified mail. It shall be the responsibility of the employee to keep the Board informed of any change in address. If the employee fails to report accept the return to work active employment within ten three (103) working calendar days from the receipt of date said notification was delivered or seven (7) calendar days from the recall notice via certified or registered maildate it was mailed, that person excluding Saturdays, Sundays, and Holidays, whichever comes first, said employee shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position declined said offer and shall not be removed from the recall list as a result of this actionreinstatement list. An employee recalled to active employment shall be given five (5) days to report to work. 11.4 An employee 5. No bumping or displacements shall be permitted. 6. The Superintendent may elect not to accept layoff rather than exercise his/her bumping rightsfill any vacant position in an effort to minimize the need for reductions in force. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board.

Staff Reduction. 11.1 10.1 When force is reduced the senior employee in a reduction within the District is needed, the affected employee(s) and the Association classification will be notified as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reducedretained. An employee whose position will be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released Not less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days' advance notice will be given when regularly assigned 10.2 When force is reduced or positions abolished, an employee affected must, within ten calendar days (or if on leave of absence, within ten calendar days from date of return) displace any employee with less seniority in the receipt of same class on his own seniority territory. If there is no such junior employee he may, within ten calendar days, displace any employee his junior in the recall notice via certified next lower class on his seniority territory within the same time limits 10.3 An employee will not be considered displaced until the displacing employee actually reports for work on the position. 10.4 Employees reduced or registered mail, that person laid off due to force reductions will retain and continue to accumulate seniority in the classification or classifications from which reduced and shall be considered a voluntary terminated employee. However, if an employee is recalled returned to service and/or to a position of lesser hours, he/she shall have in the option to refuse the position and shall not be removed from the recall list as a result of this actionhigher class in seniority order when work is available. 11.4 An employee may elect 10.5 When employees, laid off by reason of force reduction, desire to accept layoff rather than exercise his/her bumping rightsretain their seniority rights they must file their addresses with the appropriate Human Resource Service Centre in either Vancouver or Montreal, once notified of their reduction and keep that office advised of changes in address, failing to do so or to return to the service within ten days of being so notified, will forfeit all seniority rights unless they are prevented from returning by personal sickness or injury or when granted leave of absence under the 10.6 Employees laid off on account of reduction in staff will, if qualified, be given employment in their respective classes on other Districts when there are vacancies, in preference to new employee. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board.

Staff Reduction. 11.1 When a reduction within the District is neededUpon giving initial written notice of ninety (90) calendar days, the affected employee(sCollege may, without hearing, lay off any faculty member (other than Student Success Specialists and Academic Success Specialists) at the end of the academic year because of necessary reduction in personnel, due to program elimination or reduced student enrollments, provided that when such reduction is contemplated the College will notify the President of the MCCEA at least seven (7) working days prior to the College’s decision. Said notice to the MCCEA President will include information similar to that provided to the Board and a listing of positions to be eliminated as soon as such list is available. For Student Success Specialists and Academic Success Specialists, the initial written layoff notice must be given ninety (90) calendar days before September 1. 1. The College will determine the areas in which layoffs will occur, and faculty will then be laid off in the following order: Part-time, Adjunct, Year-to-Year, Temporary, Probationary, and lastly, Continuing Full-time Status faculty. Retention of Probationary and Continuing Full-time Status faculty will be determined by seniority. All faculty subject to layoff in a particular subject area and who are tied in seniority will draw lots to determine the order of layoff. The process for drawing lots will be mutually agreed upon between the Association President and the Association College’s senior Human Resources manager. Either the faculty member or his/her designee may participate in the drawing. If the notified faculty member does not attend or does not send a designee after being notified of the time and place of the lot drawing, the remaining lot will be assigned to that person. If more than one notified as to which position(s) person in a particular subject area does not attend, lots will be eliminated or reduced at least fourteen drawn for them by the College representative in attendance in order by the faculty members’ name(s), first using last name and then using first name, and then using middle name. 2. Continuing Full-time Status faculty receiving notice of layoff may request a review of their qualifications by the Administrative/Faculty Committee (142+2 Committee) established in Article 1 I.B.5 of this Agreement, to determine eligibility for transfer to another position. The Committee will review the qualifications for the position, including any job descriptions, licenses, certificates, state and federal requirements, and other requirements necessary for funding. In case of a tie vote by the Committee, the transfer will be allowed and the transferred faculty member will be placed on probation for one (1) year. If such transfer, following the procedures outlined in Article 10 X.A.3.b results in bumping a Continuing Full-time Status faculty member with less seniority, that faculty member will also have the opportunity to appeal to the Committee. The Committee will process all appeals as expeditiously as possible. In the absence of a Committee decision, the College will have the right to determine eligibility for transfer. In no case will any notice of layoff be issued later than sixty (60) calendar days prior to the reductionend of the academic year. The decision of the Committee or the College as to eligibility for transfer will not be the subject of a grievance. 11.2 When a reduction within 3. As the District is neededresult of the layoff process, the Board will determine which position(s) Continuing Full-time Status faculty members may have their status changed to Temporary or Part-time Status. If in Temporary Status, he/she will be eliminated or reducedprovided the same benefits as any other Temporary Status employee under this Agreement. An employee whose position If in Part-time Status, he/she will continue to accumulate full faculty seniority and will be eliminated or reduced shall entitled to request and receive health insurance on the same basis as other Part-time Status employees under this Agreement. Benefit eligibility is subject to limitations of the insurance carrier. 4. Health insurance as set forth in Article 15 XV of this Agreement may be provided by the carrier, in its sole discretion, at no cost to the College, for a period up to one (1) year, provided the faculty member is not covered by another plan. 5. Laid-off faculty members will have the no right to displace recall after the expiration of three (3) years; during those three (3) years they will be reinstated in inverse order of layoff in vacant positions for which they are qualified. 6. The College will notify laid-off faculty members of subsequent vacant bargaining unit positions for which they are qualified, by regular mail, to the last address registered by the faculty members in the Office of Human Resources. a. No new appointments will be made, except on a temporary basis, until thirty (30) calendar days after the mailing of such notification. b. No appointment of new faculty members will be made until all those laid-off faculty members qualified for the vacant position have been given an employee opportunity to be re-employed. c. Any notice of recall to a faculty member will be by certified mail. d. If a faculty member does not return to work at the time specified in his/her present job classification or another job classification recall notice, the College will have no further employment obligation to him/her except as provided in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displacedSubsection f below. b. The laid off or reduced employee had an equal or greater number of hours in e. If a faculty member has been recalled and is prevented from returning to his/her regular schedule than College work by (a) illness documented by a doctor’s statement, (b) a contractual obligation from which another employer will not release him/her, or (c) other emergency mutually agreed upon by the employee to be displaced. c. The laid off or reduced employee presently has College and the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise Union, his/her displacement rights within five right to recall will be extended for a period of up to one (51) working days of notification of his/her layoff or reduction. An employee displaced under this section is also entitled to displacement rights under this sectionyear. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members f. Any faculty member who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position will be allowed time to provide reasonable notice of lesser hours, he/she shall have the option termination to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rightscurrent employer. Return must be at the beginning of a semester unless otherwise mutually agreed. 11.5 For 7. During said layoff, such faculty member’s seniority and sabbatical leave credits will continue to accumulate. Sick & Emergency, Personal Business, and Vacation days (if any) and salary schedule credits will be frozen at layoff and reinstated upon recall. All Student Success Specialists and Academic Success Specialists will be paid for unused vacation upon expiration of recall rights. College or university teaching and counseling experience gained during layoff will be evaluated by the College for salary purposes upon re-employment. 8. Any faculty member who is transferred because of this agreementlayoff will receive preferential consideration for any vacancies in his/her former position, provided there are no faculty members on layoff who are qualified shall be defined as capable of skillfully and efficiently performing for the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardposition.

Staff Reduction. 11.1 When 16.01 In the event of a reduction within the District is neededlay off, the affected Employer shall give the employee(s) ) 16.02 Part-time and probationary employees shall be laid off first provided there are sufficient qualified employees with seniority who are able to do the Association will required work. In the event there is a requirement for further reductions in staff, employees shall be notified as laid off in inverse order of seniority, provided the remaining employees are qualified and able to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to perform the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reducedrequired work. An employee whose position is abolished or who is displaced shall be entitled to exercise his seniority rights and displace the most junior employee in the bargaining unit. 16.03 When an employee is laid off, the employee will immediately register his name, address and immediate contact information with the Employer in order that he may be notified of any work available. Immediate contact information means a telephone number with an answering machine, e-mail address, or fax number at which the employee may be reached and which the employee checks regularly. The employee shall notify the Employer of any change, permanent or temporary, in his or her immediate contact information. In addition, it shall be the employee's responsibility to keep the Employer notified of any change in his or her current address so that it will be eliminated or reduced shall have up to date at all times. (a) An employee who is unemployed at the right time of a recall must report for duty within forty-eight (48) hours of delivery of a notification to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than report unless the employee can provide a valid reason satisfactory to be displacedthe Employer for not doing so. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5b) working days of notification of his/her layoff or reduction. An employee displaced under this section who is also entitled to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than employed at the time of recall must report for duty within two (2) yearsdays of delivery of the notification to report unless the employee can provide a valid reason satisfactory to the Employer for not doing so. (c) Subject to section 14.04 laid off employees will, if qualified and able to perform the required work, be returned to work in order of seniority when a vacancy occurs. (d) In the event an employee does not report or provide a reason satisfactory to the Employer for failing to do so under (a) or (b) above, the employee shall forfeit his seniority rights under this Agreement and his employment shall be recalled in deemed to be terminated. (e) In any case where the order of seniority, with Employer is required to notify an employee under (a) or (b) above the most senior member being recalled first Employer shall deliver notification to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the telephone or facsimile number or the e-mail address provided by the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified in question as his or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position her immediate contact information and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For any notification so delivered will constitute valid and proper notification for the purposes of this agreement, qualified shall be defined as capable of skillfully (a) and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board(b) above.

Staff Reduction. 11.1 When 16.01 In the event of a reduction within the District is neededlay off, the affected Employer shall give the employee(s) affected the required notice under the Employment Standards Act and the Association will be notified give as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior much additional notice to the reductionUnion that is reasonably possible in all of the circumstances. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will 16.02 Part-time and probationary employees shall be eliminated or reduced. An employee whose position will be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater first provided there are sufficient qualified employees with seniority than who are able to do the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than required work. In the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reduction. An employee displaced under this section event there is also entitled to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction requirement for further reductions in staff, employees shall be laid off bargaining unit members who have been released less than two (2) years, shall be recalled in the inverse order of seniority, provided the remaining employees are qualified and able to perform the required work. An employee who's position is abolished or who is displaced shall be entitled to exercise his seniority rights and displace the most junior employee in the bargaining unit. 16.03 When an employee is laid off, the employee will immediately register his name with the most senior member Employer in order that he may be notified of any work available. Laid off employees will, if qualified and able to perform the required work, be (a) An employee who is unemployed at the time of a recall must report for duty within forty-eight (48) hours of being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If contacted unless the employee fails can provide a valid and satisfactory reason to the Employer for not doing so. (b) An employee who is employed at the time of recall must report for duty or give a satisfactory reason to work the Employer for not doing so within ten eight (10) working 8) days from the receipt date of mailing the recall notice via certified or notification to report by registered mail, that person mail to the employee's last known address. (c) It shall be considered a voluntary terminated the employee. However, if 's responsibility to keep the Employer notified of his current telephone number as well as his address so that they will be up to date at all times. (d) In the event an employee is recalled does not report or provide a reason satisfactory to a position of lesser hoursthe Employer for failing to do so under (a) or (b) above, he/she the employee shall have the option to refuse the position forfeit his seniority rights under this Agreement and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified his employment shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right deemed to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardterminated.

Staff Reduction. 11.1 When If it becomes necessary to reduce employees in a reduction within the District is neededjob series due to substantiated lack of funds, declining enrollment, lack of work, or for good cause shown, the following procedure shall govern such layoff. Employees shall be laid off in the following order, in the affected employee(s) and the Association will be notified as series according to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to the reductionsystem seniority. 11.2 When a A. Temporary employees B. Probationary employees C. Part-time employees D. Full-time employees with the least system seniority in each series affected System seniority shall be defined as the uninterrupted length of continuous service with the Employer. Authorized leaves of absence and layoffs do not constitute an interruption in continuous service for the purpose of reduction within the District is neededin force. In case of identical continuous system seniority, the Board will determine which position(semployee who last signed the employment contract shall be laid off first. For the purposes of layoff and recall the following series and positions shall be used. The positions listed below are listed by rank order in each series from highest rank (top) will to lowest rank (bottom): Series 1: ▇▇▇▇▇▇▇ Skilled Maintenance Assistant Maintenance Series 2: Head Custodian Assistant Custodian/Utility Assistant Custodian Cleaner Series 3: Driver Series 4: Cook Assistant Cook Cafeteria Worker Employees shall be eliminated or reducedlaid off according to system seniority within their series. The employee with the least system seniority in the series affected by a layoff shall be laid off first. An employee whose position will be eliminated or reduced shall laid off under the above provisions may have the right to displace bump an employee with less system seniority in a lower position within his/her present job classification or another job classification series. Employees also have the right to bump an employee with less system seniority in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days of notification of his/her layoff or reductiona position previously held. An employee displaced under this section is also entitled to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released with less than two (2) years, shall be recalled in system seniority may not bump an employee with more system seniority. In the order of seniorityevent an employee, with the most senior member being recalled first approval of the OAPSE 134 President, exercises the option to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members bump upward by one rank within their series (DUE TO HIGHER SYSTEM SENIORITY THAN AN EMPLOYEE ONE RANK HIGHER) they shall be subject to recall for two (2) yearsthe following requirements and restrictions: A. A bump upward is limited to one rank position. If For example, a more senior cafeteria worker may bump a less senior food handler in the employee fails to report to work event of a reduction in force. B. Employees who bump upward into positions one rank above their positions within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person their series shall be considered subject to evaluation by their supervisor at their 30th, 60th, 90th, 120th, 150th, and 180th day marks in the new position. C. Employees who bump upward into positions one rank above their positions within their series can be bumped back into their original position at any time during their first 180 days with written notice and the opportunity for a voluntary terminated employeemeeting with their immediate supervisor to discuss the basis for the return. However, if Such return to the former position shall not be subject to the grievance procedure. D. In the event an employee is recalled moved back to their former position within the first 180 days that they hold the upward position, they shall be ineligible to bump upward again for a position period of lesser hoursnot less than 5 years unless the employee is able to show proof of additional training in the relevant field to the upward position. E. In the event an employee successfully completes the evaluation cycles through their first 180 days in the upward position, he/she they shall have be subject to the option to refuse the position regular evaluation schedule and shall not may only be removed from the recall list as a result of this actiontheir position in accordance with Section 12.2. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Board.

Staff Reduction. 11.1 When a ‌ 6.1 In the event of reduction within the District is neededof staff in any gang, the affected employee(s) and the Association senior qualified employees will be notified retained. Employees laid off in such gangs or as to which position(s) a result of displacement will be eliminated or reduced at least fourteen (14) calendar days prior to the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. An employee whose position will be eliminated or reduced shall have the right to displace an exercise their seniority in other extra gangs. 6.2 Displacement rights must be exercised and work commenced on that position of choice within 10 days of displacement except that employees who are on leave of absence at the time of displacement will be required to exercise such rights prior to resuming duty. An employee in failing to exercise such rights will forfeit his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in and his/her regular schedule name will be struck off the seniority list. 6.3 Employees will be given no less than the employee 10 working days' advance notice with a subsequent 10 day window when regularly assigned positions are to be displacedabolished, except in the event of a strike or a work stoppage by employees in the Railway industry in which case shorter notice may be given. Such notice will include, when known, the expected duration of temporary abolishment. A copy will be provided to the Local Chairman and TCRC MWED Director. c. The 6.4 An employee who is laid off or reduced employee presently has and who desires to return to the necessary qualifications to perform service when work is available for him/her, must keep the work. d. The laid off or reduced employee elects to exercise his/her displacement rights within five (5) working days proper officers of notification the Railway advised of his/her layoff or reductionaddress in order that he/she may be readily located when his/her services are required. An A laid-off employee displaced under failing to comply with this section is also entitled to displacement rule, will forfeit his/her seniority rights under this sectionAgreement and his/her name shall be struck off the seniority list by agreement between the TCRC-MWED President and the appropriate officer of the Railway. 11.3 When filling vacancies which occur after a reduction in staff, laid 6.5 Laid-off bargaining unit members who have been released less than two (2) years, Extra Gang Labourers shall be recalled to service in the order of seniority, with the most senior member being recalled first . Extra Gang Labourer positions will be bulletined prior to any position for which he/she of the gangs mobilizing in the spring. On this bulletin, extra gang labourers will be required to identify their work gang preference by stating their first, second, third … etc. choice of preferred work gang. When staff is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the increased or when 6.6 A laid-off employee who fails to report for duty, or to work give satisfactory reasons for not doing so within ten (10) working 15 calendar days from the receipt date of the recall notice via certified or registered mailnotification, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise forfeit his/her bumping rightsseniority rights under this Agreement, and his/her name shall be struck off the seniority list by agreement between the TCRC-MWED President and the appropriate officer of the Railway. 11.5 For 6.7 Rules 6.4, 6.5 and 6.6 do not apply in cases of employment for under thirty days' duration where the purposes employee has steady work of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardthirty days or more elsewhere.

Staff Reduction. 11.1 When a reduction within When, by reason of decreased enrollment of pupils, return to duty of regular employees after leaves of absence, or by reason of suspension of schools or territorial changes affecting the District is neededdistrict, the affected employee(s) and elimination of a curricular offering to students, or lack of funds, the Association will be notified as Board determines that it is necessary to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to reduce the reduction. 11.2 When a reduction within the District is needednumber of employees, the Board will determine which position(s) use attrition to the extent possible. If attrition is not adequate, the Board may make a reasonable reduction. Prior to making such reduction, representative of the Board will be eliminated or reducedmeet with the Association and advise them of the reason for the reduction. An employee whose position In making such reduction, the Board will be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification suspend teachers’ contracts in accordance with the following: a. recommendation of the Superintendent. If the contemplated reduction involves the elimination of a curricular program, the Superintendent shall solicit input from the Labor Relations Council referenced in Article II, Section 8 of this contract. The laid off or reduced Superintendent shall, within each teaching field affected, give preference to teachers on continuing contracts and then to teachers who have greater seniority. For the purpose of this section, a teacher’s seniority is determined by “the date” the employee has greater seniority than commenced work with the employee to Board in a bargaining unit position and, thereafter, served continuously in a bargaining unit position. For the purpose of this section, “the date” shall be displaced. b. The laid off defined as the first work day of the individual employee’s teaching contract. A teacher who resigns his or reduced employee had an equal or greater number of hours her employment with the Board and subsequently is reemployed by the Board in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects to exercise his/her displacement rights a bargaining unit position within five (5) working days of notification years of his/her layoff or reductionresignation shall retain all seniority earned by him/her while previously employed by the Board once he/she has completed at least five (5) consecutive years of service with the Board in a bargaining unit position upon his/her return. An employee displaced under this section is also entitled Prior to displacement rights under this section. 11.3 When filling vacancies which occur after a completing five (5) consecutive years of service with the Board upon his/her return, the teacher shall accumulate seniority from the date of his/her most recent hire by the Board. Should it be necessary to suspend contracts to achieve the necessary reduction in staff, laid off bargaining unit members who limited contract teachers shall be reduced first utilizing the following order: 1. Certification/Licensure within the affected teaching field; 2. Comparable evaluations as defined in this Agreement; (Article II; Section II-Evaluation) 3. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior limited contract teacher in the affected teaching field the first to be suspended. If the necessary reduction of staff not be met through the suspension of limited contract teachers in the affected field through the above-mentioned method, only then shall continuing contract teachers be reduced by utilizing the following order: 1. Certification/Licensure within the affected teaching field; 2. Comparable evaluations as defined in this Agreement; (Article II; Section II-Evaluation) 3. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior continuing contract teacher in the affected teaching field the first to be suspended. In the case of a tie, the following provisions will be used in order of presentation: 1. Total years of Greenville teaching service (non-continuous years) 2. Total teaching experience 3. Random Lottery drawing of those with seniority ties. The procedure will work as follows: The names will be printed on 5x7 index cards and folded in half. They will be placed in a container and mixed. The Superintendent will draw the first name. That person will then become the most senior member. This process will continue until all cards have been released less than two (2) years, drawn and a seniority list for the current RIF is established. A separate lottery shall be recalled conducted for any additional RIFs that occur after the aforementioned seniority list is established. This procedure shall be conducted in the presence of the Superintendent, an Association representative and the teachers affected (if they wish to be there). Employees whose limited contracts are suspended as a result of reduction in force shall be placed on a recall list for eighteen (18) months following the last contract day as defined in Article V; Section 1; Item B-Annual Salary Work Year. Continuing contract teachers whose contracts are suspended as a result of reduction in force shall be placed on a recall list in accordance with Section 3319.17 of the Ohio Revised Code, which provides that such teachers shall have the right of restoration to continuing contract status. Employees whose contracts are suspended will have the right of restoration to continuing service status in the order of seniorityseniority of service in the district, with if and when teaching positions become vacant or are created, in which any such employees are qualified. Employees who are suspended shall be retained on the most senior member being recalled first recall list for eighteen (18) months after the date of the last contract day as defined in Article V; Section 1; Item B-Annual Salary Work Year. An employee may be removed from the recall list if he/she: 1. ▇▇▇▇▇▇ his/her recall rights in writing 2. Resigns 3. Fails to any accept recall position for which he/she is qualifiedcertificated or licensed within five (5) days of notification 4. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails Fails to report to work within ten (10) working days from the after receipt of the recall notice via certified of recall, unless sick or registered mailinjured Whenever possible, that person shall employees whose contracts are suspended will be considered a voluntary terminated employeeused as substitutes. HoweverEmployees whose contracts are suspended may maintain, if an employee is recalled at their expense, fringe benefits in effect at the time of their reduction at group rates then in effect for up to a position of lesser hourseighteen (18) months, he/she shall have the option to refuse the position and shall not be removed from the recall list or as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate otherwise may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardprovided by COBRA.

Staff Reduction. 11.1 REDUCTION IN FORCE When a in the sole judgment of the District, reduction in force is necessary, the District shall attempt to accomplish the necessary reduction through attrition. 1. If further reduction is necessary, it shall occur within the District is neededsix (6) pay columns (F, the affected employee(sE, D, C, B, A) and the Association will be notified as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to the reductiondescribed under Schedule A of this Agreement. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. a. An employee whose position has been eliminated may accept lay off or fill a vacancy within his/her classification, provided, however, that no employee will be eliminated required to accept a vacancy with a lower number of months in the work year or reduced hours in the work day. If the employee does not accept lay off or fill a vacancy as described above, he/she may replace the least senior employee within his/her classification with less seniority, provided that the employee displaced has the same number of months in the work year and horn's in the work week. b. If placement Is not accomplished under the first step above, the employee, If deemed qualified, shall be assigned to any existing vacancy in his/her pay column, provided, however, that no employee will be required to accept a vacancy with a lower number of months in the work year or hours in the work day. If there Is no vacancy in his/her pay column the employee shall have the right option, if deemed qualified, to displace an replace the least senior employee in his/her present job classification pay column, provided that the employee displaced has the same number of months in the work year and hours in the work week. If placement is not accomplished under the steps above, the employee, if deemed qualified, shall accept assignment to an existing vacancy in progressively lower pay column(s) provided, however, that no employee will be required to accept a vacancy with a lower number of months in the work year or hours in the work day or replace the least senior employee in progressively lower pay column(s), provided that the employee displaced has the same number of months in the work year and hours in the work week. c. If placement is not accomplished under the steps above, the process will be repeated first with progressively lower months in the work year and then with progressively lower hours in the work day. d. An employee who is displaced pursuant to the provisions above shall be subject to the same procedures as described above. 2. Notwithstanding the foregoing, no employee shall replace another job classification in accordance with the following: a. The laid off or reduced employee who has greater seniority and an employee shall not be required to move down more than one (1) pay column for a period of one (1) year. This provision shall not be construed as to limit the District'srightto lay off such an employee. 3. Within the columns F, E, D, C, B and A the District, in its sole discretion may determine if the employee is qualified to be displaced. b. The laid off or reduced perform a specific job. When the District determines an employee had an equal or greater number of hours in his/her regular schedule than is not qualified, the employee to be displaced. c. The laid off or reduced employee presently has shall receive a written rationale why said determination was made if the necessary qualifications to perform request for the work. d. The laid off or reduced employee elects to exercise his/her displacement rights rationale is made in writing within five (5) working days after the employee has been notified of notification the staff reduction. Timelines regarding a grievance (See Article XV) shall not be altered in meeting the guidelines of his/her layoff or reductionthis article. Furthermore, such determination by the District shall not be subject to the provisions of Article X V of this Agreement. 4. An employee displaced under this section who is also entitled moved to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, different pay column shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be placed on the Boardcorresponding step if such a step is available.

Staff Reduction. 11.1 When ‌ 14.01 In the event of a reduction within the District is neededlayoff, the affected Employer shall give the employee(s) affected the required notice under the Employment Standards Act and will give 14.02 Part-time and probationary employees shall be laid off first provided there are sufficient qualified employees with seniority who are able to do the Association will required work. In the event there is a requirement for further reductions in staff, employees shall be notified as laid off in inverse order of company seniority, provided the remaining employees are qualified and able to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to perform the reduction. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reducedrequired work. An employee whose position will is abolished or who is displaced shall be eliminated or reduced shall have the right to displace an employee in his/her present job classification or another job classification in accordance with the following: a. The laid off or reduced employee has greater seniority than the employee to be displaced. b. The laid off or reduced employee had an equal or greater number of hours in his/her regular schedule than the employee to be displaced. c. The laid off or reduced employee presently has the necessary qualifications to perform the work. d. The laid off or reduced employee elects entitled to exercise his/her displacement company seniority rights and displace the most junior employee in the bargaining unit, provided he/she is either qualified to do the required work or can be qualified with minimal training. 14.03 When an employee is laid off, the employee will immediately register his/her name with the Employer in order that he/she may be notified of any work available. Laid off employees will, if qualified and able to perform the required work, be returned to work in order of company seniority when staff covered by this Agreement is increased, or vacancies occur. (a) An Employee who is unemployed at the time of a recall must report for duty within five forty-eight (548) working hours of being contracted unless the employee can provide a valid and satisfactory reason to the Employer for not doing so. (b) An employee who is employed at the time of recall must report for duty or give a satisfactory reason to the Employer for not doing so within eight (8) days from the date of mailing the notification to report by registered mail to the employee’s last known address. (c) It shall be the employee’s responsibility to keep the Employer notified of his/her layoff current telephone number as well as his address so that they will be up to date at all times. (d) In the event an employee does not report or reduction. An provide a satisfactory reason for failing to do so under (a) or (b) above, the employee displaced under this section is also entitled to displacement shall forfeit his/her seniority rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position Agreement and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified employment shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right deemed to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be on the Boardterminated.

Staff Reduction. 11.1 A. REDUCTION IN FORCE When a in the sole judgment of the District, reduction in force is necessary, the District shall attempt to accomplish the necessary reduction through attrition. 1. If further reduction is necessary, it shall occur within the District is neededsix (6) pay columns (F, the affected employee(sE, D, C, B, A) and the Association will be notified as to which position(s) will be eliminated or reduced at least fourteen (14) calendar days prior to the reductiondescribed under Schedule A of this Agreement. 11.2 When a reduction within the District is needed, the Board will determine which position(s) will be eliminated or reduced. a. An employee whose position has been eliminated may accept lay off or fill a vacancy within his/her classification, provided, however, that no employee will be eliminated required to accept a vacancy with a lower number of months in the work year or reduced hours in the work day. If the employee does not accept lay off or fill a vacancy as described above, he/she may replace the least senior employee within his/her classification with less seniority, provided that the employee displaced has the same number of months in the work year and hours in the work week. b. If placement is not accomplished under the first step above, the employee, if deemed qualified, shall be assigned to any existing vacancy in his/her pay column, provided, however, that no employee will be required to accept a vacancy with a lower number of months in the work year or hours in the work day. If there is no vacancy in his/her pay column the employee shall have the right option, if deemed qualified, to displace an replace the least senior employee in his/her present job classification pay column, provided that the employee displaced has the same number of months in the work year and hours in the work week. If placement is not accomplished under the steps above, the employee, if deemed qualified, shall accept assignment to an existing vacancy in progressively lower pay column(s) provided, however, that no employee will be required to accept a vacancy with a lower number of months in the work year or hours in the work day or replace the least senior employee in progressively lower pay column(s), provided that the employee displaced has the same number of months in the work year and hours in the work week. c. If placement is not accomplished under the steps above, the process will be repeated first with progressively lower months in the work year and then with progressively lower hours in the work day. d. An employee who is displaced pursuant to the provisions above shall be subject to the same procedures as described above. 2. Not withstanding the foregoing, no employee shall replace another job classification in accordance with the following: a. The laid off or reduced employee who has greater seniority and an employee shall not be required to move down more than one (1) pay column for a period of one (1) year. This provision shall not be construed as to limit the District's right to lay off such an employee. 3. Within the columns F, E, D, C, B and A the District, in its sole discretion may determine if the employee is qualified to be displaced. b. The laid off or reduced perform a specific job. When the District determines an employee had an equal or greater number of hours in his/her regular schedule than is not qualified, the employee to be displaced. c. The laid off or reduced employee presently has shall receive a written rationale why said determination was made if the necessary qualifications to perform request for the work. d. The laid off or reduced employee elects to exercise his/her displacement rights rationale is made in writing within five (5) working days after the employee has been notified of notification the staff reduction. Timelines regarding a grievance (See Article XV) shall not be altered in meeting the guidelines of his/her layoff or reductionthis article. Furthermore, such determination by the District shall not be subject to the provisions of Article XV of this Agreement. 4. An employee displaced under this section who is also entitled moved to displacement rights under this section. 11.3 When filling vacancies which occur after a reduction in staff, laid off bargaining unit members who have been released less than two (2) years, different pay column shall be recalled in the order of seniority, with the most senior member being recalled first to any position for which he/she is qualified. Effective July 1, 1991, newly hired bargaining unit members shall be subject to recall for two (2) years. If the employee fails to report to work within ten (10) working days from the receipt of the recall notice via certified or registered mail, that person shall be considered a voluntary terminated employee. However, if an employee is recalled to a position of lesser hours, he/she shall have the option to refuse the position and shall not be removed from the recall list as a result of this action. 11.4 An employee may elect to accept layoff rather than exercise his/her bumping rights. 11.5 For the purposes of this agreement, qualified shall be defined as capable of skillfully and efficiently performing the job duties as summarized in the job description in a competent manner with minimal instruction. The District reserves the right to test employees as needed. Qualified includes the following: a. Any licenses, certification and training necessary to perform the job, and b. demonstrated skills and merits. The most senior qualified employee shall be selected, excepting that a less senior candidate may be selected if he/she has greatly superior training and skills. The burden of proof of greatly superior training and skills shall be placed on the Boardcorresponding step if such a step is available.