Common use of Layoff Criteria Clause in Contracts

Layoff Criteria. In the event of a non-teaching professional staff reduction requiring layoffs, the affected position(s) and potentially affected staff shall be identified, with the following criteria applied in this order: A. The first criterion is certification/licensure. Before laying off any other staff members within the affected certification/licensure, those lacking full certification and/or licensure according to the Michigan Department of Education standards are to be laid off. 1. This criterion applies only to NTPS in positions requiring certification or other professional licenses or approvals. For non-teaching professional staff in positions not requiring certification/licensure and/or approval, this criterion may be ignored. The significant variable here is the requirement of the position, and the employee's certification/licensure/approval in relation to it. Any other types of certification or approval the employee may have are irrelevant in relation to this position. B. The second criterion is qualifications. Qualifications where used as a criterion in layoff are defined to include, but not necessarily limited to the following: 1. Appropriate Education (a) Degrees (b) Majors and minors (c) Course work appropriate to the position Or, in the case of NTPS positions not necessarily requiring a degree, or when the degrees are substantially equivalent, 2. Appropriate work experience (in this sequence or preference) (a) Experience in the same position. (b) Experience in the same job classification within this school district. (c) Experience in the same job classification with another employer. (d) Other related work experience. The recency of the experience and its relevance to requirements of the job shall be factors. Categories (c) and (d) may include work experience outside the field of education where this is appropriate. 3. Other qualifications may be contained in the job description. The minimum requirements for each job are as defined by relevant certification, licensure or approvals, and the job description. Qualifications are determined as outlined in Article 11, Section 14(B)(2). C. The third criterion is seniority. After satisfying the criterion in A and B above, those non-teaching professional staff possessing the most seniority within the District will be retained. Seniority status is not to be confused with status under the appropriate certification/licensure, or with salary schedule placement. These are separate variables. No new non-teaching professional staff shall be employed by the Board while there are such employees of the ▇▇▇▇▇▇ Intermediate School District who are laid off, unless none of those ▇▇▇▇▇▇ Intermediate School District NTPS on lay off are qualified and certified to fill the vacancy. D. The professional occupying the affected position may bump into the lowest position within the District at any work location for which he/she is certified/licensed and qualified and has more seniority than the person who holds that position. E. The professional who has been displaced as a result of D shall first fill any open position for which he/she is certified/licensed and qualified. Second, he/she must bump any non-certificated/licensed or non-tenured person in a position for which he/she is certified/licensed and qualified. Third, if no such non-certificated, non-tenured or open position exists he/she may bump into the lowest position on the seniority list for which he/she is certified/licensed and qualified (see example).