Common use of Layoff Procedure Clause in Contracts

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) years, the District may impose reasonable education requirements as a condition to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation. Subd. 3. The School District shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates The District shall determine when a layoff is necessary and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff which programs will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority listaffected. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsHowever, the District may impose reasonable education requirements as agrees that such layoffs shall be implemented in accordance with the following procedure: 1. Whenever the Board determines that a condition to being assigned layoff is necessary, it shall immediately notify the Association. 2. Affected employees shall be notified at least thirty (30) calendar days prior to the position soughteffective date of the layoff. In the event the service time is equalof school closure due to lack of funds, however, the following criteria notice shall be ten (10) calendar days. When affected employees are notified, the District shall provide the Association with a copy of the seniority and layoff lists. The Association will be used informed prior to RIF notices’ being distributed. (CEA Proposal 2-08-24) (TA 2/29/24) 3. Retention of employees will be in accordance with ORS 342.934 and the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation.criteria: Subd. 3. The School District a. Seniority shall be obligated defined as the length of current, continuous service to recognize licensure received on or before February 1 for the District, measured from the first day of actual work. For the purposes of unrequested leave placement for that year. Later received licenses this Article, seniority shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status broken by approved leaves of absence; if two employees start on the fullsame day the District shall hold a drawing. within one month of the starting date to determine relative seniority. (District Proposal 2-time 08-24) (District withdraws proposal 2/29/24) The employees and Association shall be present at this drawing. The District shall maintain a current seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time positionb. Cultural or linguistic expertise shall be defined in accordance with ORS 342.934(1)(b). Subdc. Temporary and probationary employees shall be reduced first. d. The District will transfer contract employees of courses scheduled for discontinuation to positions for which they apply and are qualified for under the following criteria: i. The positions are open or held by temporary or probationary employees; ii. 6The applicant is qualified and licensed with norms for the courses to be taught; iii. Part-time teachers shall have no rights The transfer allows the District to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment maintain the proportion of teachers within areas of certification shall not to students with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise. iv. Competence may be required in considered only if the course of implementing the procedures of this article without the mutual consent of the teachers and the School Districtdistrict desires to retain a less senior employee over a more senior employee.

Appears in 3 contracts

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

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into promote an orderly reduction in personnel when the educational program, curriculum, or staff is curtailed, the following procedure will be used. A) Probationary employees shall be laid off first. A probationary employee shall not be laid off unless there is a teaching non-probationary or tenured employee who is certified and available to perform the duties of the position the probationary employee is vacating, or unless the position that the probationary employee is vacating is being eliminated altogether. B) If the reduction of employees is still necessary, then non-probationary employees in the Montessori program specific positions being reduced or eliminated shall be laid off on the basis of seniority, a teacher must have an elementary license and a certificate except as hereinafter provided. Layoffs made pursuant to teach Montessori on file this section shall be made in the inverse order of seniority, i.e., those with the District least seniority are to be laid off first. For the purpose of this Article “seniority” is defined to mean the amount of time an individual is continuously employed in a bargaining unit position with the school district. Seniority credit will be granted for time worked on the following basis: 1) employees who work or before February 1 are on paid leave for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1day more than one-half of the contract year will receive a full year of seniority; 2) employees who work one-half of the contract year during the previous five (5or less will receive one- half year of seniority. Time on unpaid approved leave or layoff shall not constitute a break in continuous service. C) yearsNo later than September 30th, the District may impose reasonable education requirements as a condition to being assigned Board shall prepare, publish and provide to the position soughtAssociation the seniority list. All employees shall be ranked on the list in order of their seniority as defined above. In the event that more than one individual bargaining unit member has the service time is equalsame starting date of work, position on the following criteria will seniority list shall be used in determined by having the following order: (1) education level, (2) total years highest last four digits of teaching experience, (3) administrative recommendation. Subd. 3the social security number. The School District shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall Association will have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.thirty

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Layoff Procedure. Subd. If order to promote an orderly reduction in personnel when the educational program, curriculum and staff is curtailed; the following procedure will be used: 1. Teachers with limited permits, provisional certificates and non-tenured Probationary teachers shall be terminated laid off first. Subd. 2. Reduction in certified tenured staff will be made Layoff shall proceed on the basis of seniority as follows: a) performance evaluation and inverse seniority. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position of the probationary teacher, unless the position is being eliminated. 2. If additional reductions probationary teachers are madelaid off and the reduction of teaching personnel is still necessary, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position tenure teachers in the Montessori program specific positions being reduced or eliminated shall be laid off on the basis of certification, qualification, and seniority. Layoffs made pursuant to this section shall be made in the inverse order of seniority, i.e., those with the least seniority are to be laid off first. Seniority shall be defined as the length of continuous teaching service in this school district. Seniority shall be frozen during the periods of lay-off and unpaid leave of absence and shall begin to reaccumulate on return to full employment status. Any teacher who voluntarily leaves the system and returns shall retain previously accrued seniority. 3. The Board agrees in making assignments to consider the requests of its teachers. Request by a teacher must have an elementary license to change his/her assignment shall be made in writing and a certificate to teach Montessori filed with the superintendent ON OR BEFORE JULY 1. This request shall remain on file with for two years. For the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers this policy "qualified" shall be given written notice of proposed defined in the following manner: (a) For placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If in a teacher, being laid off, seeks pre K-6 grade level elementary position a position for which tenure teacher is qualified if he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) years, the District may impose reasonable education requirements as a condition elementary certification. Pre K-6 teachers to being be assigned to the position sought. In 7th and 8th grade levels shall meet all requirements for certification at the event assignment level under the service time is equal, the following criteria will be used Michigan Teacher Certification Code and shall have at least a recognized minor in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendationsubject matter area to be taught. Subd. 3. The School District shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave (b) For placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of secondary teaching position (7- 12) a tenure teacher is qualified if the teacher has certification shall not and a major or minor to teach the specific course to which he is attempting to be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School Districtassigned.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis of seniority A layoff is defined as follows: a) If additional reductions are made, they will be a separation from the part-time teacher seniority list; b) If additional reductions are madeservice for involuntary reasons, they will be from other than resignations, not reflecting discredit on an employee. An employee and the full-time teacher seniority list. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers Union shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject layoff at least one fifteen (15) calendar days before the effective date stating the reasons for the layoff. The layoff procedure shall occur in the following manner: a. The Agency shall determine the specific positions to be vacated. b. Layoff lists will apply to employees in a classification. Any regular status employee shall be permitted to displace an employee in the same classification with less seniority unless that employee has been protected under 22.1. c. A regular status employee notified of a pending layoff may elect to be laid off or has the options listed below. (1) year during The employee may displace the previous five (5) yearsemployee in the same classification who is the least senior trial service employee not protected in Section 22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a trial service or regular status employee, the District may impose reasonable education displacing employee must: (a) Have greater seniority than the trial service or regular status employee; (b) Meet any special qualifications for the position as shown in the class specification and the position description; and (c) Be capable of performing the specific requirements as a condition to being assigned to of the position within three (3) weeks. The agency will determine this by: i. Reviewing an application/resume submitted by the employee; and ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed; iii. Testing the employee on the duties of the position sought. In The Agency will use the event same test with the service time is equalsame answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the following criteria Agency will be used continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the following order: same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1. (2) If no option is available in subsection (1) education levelabove, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or who is the least senior regular status employee not protected under 22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must first consider the most recent previously held classification, including any predecessor classification, prior to the employee’s present classification and: (a) Have greater seniority than the employee to be displaced; (b) Meet any minimum or special qualifications for the position; (c) Have previously held regular status in the lower classification, including any predecessor classification; and (d) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by: i. Reviewing an application/resume submitted by the employee; and ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed; iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification or there are no more positions in the lower classification held by an employee with less seniority who has not been protected under 22.1. (e) If no option is available under subsection (2) total years of teaching experienceabove in the most recent previously held classification, including any predecessor classification, the employee will then consider their second most recent previously held classification, including any predecessor classification. The employee will follow the same process listed above in 22.2 c. (32) administrative recommendation(a through d). If necessary, this process will continue for as many previously held classifications, including predecessor classifications, that the displaced worker has held while with the agency. Subd. 3. The School District d. No trial service or regular status employee in a particular office or duty station shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim while a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required temporary employee in the course of implementing same class is employed at the procedures of this article without the mutual consent of the teachers and the School Districtsame particular office or duty station.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers ‌ 27.1 Layoff shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis defined as an elimination of seniority as follows: a) If additional reductions are madea full-time, they will be from the part-time teacher (but excluding probationary, temporary and per diem) positions (numbers or entire category). The Employer will first seek volunteers in the department, clinic or network wide group impacted who are willing to be reassigned or to be laid off in lieu of the employee(s) whose position is identified to be eliminated. Individuals who volunteer to be laid off will retain the right to be placed on the rehire list. Layoff seniority list; b) If additional reductions are made, they shall be defined as an employee’s continuous length of service in calendar days from most recent date of hire. Service of less than full time shall be considered full time. Ties in seniority will be from broken by using compensable hours (excluding overtime). Except in emergency situations or unforeseeable conditions beyond the full-time teacher seniority list. In order to bump into a teaching position in Employer’s control, employees identified for layoff and the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers union shall be given written at least thirty (30) calendar days’ notice prior to the abolishment of proposed placement on unrequested leave pursuant the positions. The notice shall include the effective date of the layoff. The Employer shall identify the position to Minn. Statbe eliminated and employee(s) to be affected. §122A.40Layoff shall be by seniority within the department, subd.10clinic or network wide group. If a teacher, Any employee being laid offoff shall be offered the following options: a. If applicable, seeks accept a funded vacant posted position for in which he/she has a current certificate but has not taught they have previously worked. The employee shall meet the subject at least one essential skills (1defined as the minimum qualifications listed in the job description and any specific position requirements or credentialing as determined by the Employer) year during of the previous position. The employee will be given up to five (5) years, the District may impose reasonable education requirements as a condition calendar days to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation. Subd. 3. The School District shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which determine if he/she possesses wants to accept the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time vacant position. Subdb. Accept layoff and be placed on the rehire list for twelve (12) months. c. Accept layoff and decline placement on the rehire list. 6. Part-time teachers Upon the Union’s request, the Employer and the Union shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. meet promptly during the first seven (7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent ) calendar days of the teachers thirty (30) calendar day notice period to discuss the reasons and the School Districttime-lines for the layoffs and to review any suggestions concerning possible alternatives to layoff.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers 13.1.4.1 Layoffs will only be implemented upon sixty (60) day notice as provided by law. 13.1.4.2 Employees affected by layoff shall be terminated firstsent written notice not less than sixty (60) days prior to the effective date of the layoff. Subd13.1.4.3 The District shall make good faith efforts to reduce or avoid layoffs by voluntary reassignments and voluntary transfers to positions of previous seniority and by voluntary early retirement. 13.1.4.4 The District shall personally serve or send notices of layoff to employee(s) in position(s) designated by Board action for layoff and send copies to Local 1021. 2Failure to notify employees only under the provisions of the Education Code shall invalidate the layoff. Reduction The notice shall specify the reason(s) for the layoff and shall identify the employee to be laid off, and the classification. The notice shall contain options available to the employee as outlined in certified tenured staff will the Education Code and the Memorandum of Understanding and an invitation to the employee to come to the Personnel Office to confirm his/her seniority. Remedy for any failure of compliance with this contract relating to layoff shall not include reinstatement or back pay except for failure to fulfill the requirements of the Education Code. In this first (1st) notice, the employee(s) options shall be: a. To be made laid off and go on the basis of reemployment list for thirty-nine (39) months. b. The right to bump into any position in the same classification occupied by an employee with less seniority as follows: a) who has the same or fewer hours. c. If additional reductions are madethe employee has previously accrued seniority in a classifications(s), they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order right to bump into a teaching position in that classifications(s) provided the Montessori program on the basis of position is held by an employee with less seniority. In such event, a teacher must have an elementary license and a certificate employees subject to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers layoff shall be given written notice of proposed placement on unrequested leave pursuant permitted to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) years, the District may impose reasonable education requirements as a condition to being assigned to bump into the position soughtheld by the least senior person in each classification, which provides the same or similar hours. In the event that more than one employee is eligible to bump into the service time is equalsame classification, the following criteria number of available positions will be used in equal the following order: (1) education level, (2) total years number of teaching experience, (3) administrative recommendationemployees eligible to bump and the most senior eligible employee shall have first selection from among the available positions. Subd. 3. d. The School District shall be obligated right to recognize licensure received on transfer to an equal or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which lower classification if he/she possesses the seniority minimum qualifications to perform the duties thereof, if there exists a vacancy in that class and qualifications without affecting his/her status on if the full-time seniority listinterviewing supervisor and commission approve. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions e. The right to equate to accept a full-time positionservice retirement in lieu of layoff. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. Subd. 1. Teachers with limited permitsWhenever it is necessary for the District to lay off certified personnel, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff the layoff procedure will be made on the basis assure all such personnel rights of seniority in the area of certification for which they were employed within the District and rights to reemployment should positions open for which the laid-off employees are qualified. The District will make every reasonable effort to minimize the effects of the reduction-in-force by such means as follows: a) If additional reductions letting terminated positions close through attrition of personnel or having teachers who face layoff replace those who are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the on leaves of absence or sabbatical. The District shall lay off personnel in inverse order of their years of full-time teacher seniority list. In order to bump into a teaching position service in the Montessori program on District (District-wide in the basis elementary schools and by department in the Middle and High Schools and Special Services areas) and must reinstate them in inverse order of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, their being laid off, seeks with no loss of credit for previous years of service. 1. Seniority shall be determined: a. First by years of continuous service to the District. b. Then by total years of service to the District. c. Finally by overall experience credited to the certified employee. d. Should a position tie still exist, the Association, the Board, and, if possible, the affected teacher(s) shall jointly conduct a lottery to determine the teacher(s) with greatest service. 2. Years of service to the District will be determined by the equivalent number of full-time years worked (example - two years of half-time equals one full-time year). If there is a tie, the date of formal election within the District shall be the determining factor; if a tie still exists, the lottery system will be used to determine seniority. 3. No tenured teacher in the district shall be laid off before a nontenured teacher, provided that positions are available which tenured teachers are qualified to fill. 4. The District will notify affected personnel as early as it possibly can, but no later than March 31. 5. The District will notify the Association at the same time it notifies the certified employee(s) to be affected. 6. The notice to the Association and the affected employee(s) will include reasons for the reduction-in-force and reasons for the selection of the particular employee(s). 7. Certified personnel laid off must annually, by March 1, or such other times as appropriate, advise the Superintendent's office in writing of their current address and availability for employment. If a laid-off employee refuses an offer for reemployment in an area for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsis qualified, the District may impose reasonable education requirements as a condition to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation. Subd. 3. The School District employee shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting forfeit his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in reemployment under the course of implementing the procedures conditions of this article without the mutual consent of the teachers and the School Districtsection.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Layoff Procedure. Subd. 16.1 If the Board shall determine it is necessary to reduce the number of teachers employed or to discontinue any program: 1. Teachers with limited permitsThe reduction in force, provisional certificates process and non-tenured teachers procedure shall be terminated firstsubject to the relevant provisions of the School Reform Senate ▇▇▇▇ 7 and House ▇▇▇▇ 1197. Any recalled tenured teacher shall retain his/her tenured status, all accumulated seniority and current position on the salary schedule; however, the period in which the tenured teacher did not teach shall not be counted towards seniority. Subd. 2. Reduction in certified The seniority status of a tenured staff will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the teacher reduced to part-time teacher status shall not be affected by such reduction, and they shall continue to accumulate seniority list; b) If additional reductions are made, they will be from the fullon a pro-time teacher rata basis. 3. Such teachers shall have seniority list. In order to bump into a teaching position in the Montessori program on department in which they are assigned provided: a. A teacher who is assigned to more than one department shall have seniority in each such department to which assigned. b. Teachers may elect to have seniority in the basis second department provided that they have taught courses in such department for at least three (3) years of senioritythe past ten (10) years. (A year of teaching in a department shall mean that a majority of the courses taught in that year were in such department or that the teacher was assigned to such department. c. Such election of a second department shall not constitute a forfeiture of seniority in the teacher’s assigned department. d. A teacher who elects to claim seniority in such second department shall do so by filing evidence of eligibility in writing with the Principal or designee no later than February 1 of the school term. 16.2 A teacher’s failure to respond affirmatively within ten (10) days of receipt, a or within fifteen (15) calendar days after mailing, whoever shall first occur, to the Board letter recalling such teacher must have an elementary license and a certificate shall result in termination of the teacher’s right of recall. Such Board letter shall be sent by registered or certified mail to teach Montessori the teacher’s last address on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) years, the District may impose reasonable education requirements as a condition to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendationBoard. Subd. 3. The School District shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into promote an orderly reduction in personnel when the educational program, curriculum, or staff is curtailed, the following procedure will be used. A) Probationary employees shall be laid off first. A probationary employee shall not be laid off unless there is a teaching non-probationary or tenured employee who is certified and available to perform the duties of the position the probationary employee is vacating, or unless the position that the probationary employee is vacating is being eliminated altogether. B) If the reduction of employees is still necessary, then non- probationary or tenured employees in the Montessori program specific positions being reduced or eliminated shall be laid off on the basis of seniority, a teacher must have an elementary license and a certificate except as hereinafter provided. Layoffs made pursuant to teach Montessori on file this section shall be made in the inverse order of seniority, i.e., those with the District least seniority are to be laid off first. For the purpose of this Article “seniority” is defined to mean the amount of time an individual is continuously employed in a bargaining unit position with the school district. Seniority credit will be granted for time worked on the following basis: 1) employees who work or before February 1 are on paid leave for purposes at least one day more than one-half of unrequested the contract year will receive a full year of seniority; 2) employees who work one-half of the contract year or less will receive one-half year of seniority. Time on unpaid approved leave placement for that yearor layoff shall not constitute a break in continuous service. C) No later than thirty (30) days following the ratification of this Agreement, and by September 30th thereafter, the Board shall prepare a seniority list. Teachers All employees shall be given written notice ranked on the list in order of proposed their seniority as defined above. In the circumstance of more than one individual having the same seniority, all individuals so affected will participate in a drawing to determine placement on unrequested leave the seniority list. The Association and the employees so affected will be notified in writing of the date, place, and time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected employees and D) Association representatives to be in attendance. The seniority list shall be published and posted conspicuously in all buildings of the District by October 15th of each school year. E) An employee who is laid off pursuant to Minn. Stat. §122A.40this Article has the right, subd.10. If a teacherif requested by the employee in writing to the Superintendent within ten (10) calendar days after layoff notification, being laid off, seeks to be placed by the Board in a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) years, the District may impose reasonable education requirements as a condition to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendationcertified and which is occupied by an employee with less seniority. Subd. 3. The School District shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 1 contract

Sources: Master Agreement

Layoff Procedure. SubdThe District will make every reasonable effort to minimize the effects of the reduction- in-force by such means as letting terminated positions close through attrition of personnel or having teachers who face layoff replace those who are on leaves of absence or sabbatical. 1. Teachers with limited permits, provisional certificates and nonThe following reduction-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff in-force provisions will be made on implemented when the basis Board finds it necessary to reduce the number of seniority as follows: a) If additional reductions are made, they certified positions. These provisions will be from the apply to both full-time and part-time certified positions. The board may reduce-in-force certified positions for reason of: declining enrollment; budget reductions; changes in or consolidation of Board-authorized programs or any other reason determined to be necessary by the Board. As soon as the Board determines that a reduction in force is necessary, the Superintendent shall notify the President of the Teachers’ Association of the Boards determination. The District will notify the Association at the same time it notifies the certified employee(s) to be affected. The decision to implement the reduction-in-force shall be made at the sole discretion of the School Board. 1. If the Concord School Board deems a reduction in force necessary, the District shall lay off personnel (District wide in the elementary schools and by department in the Middle and High Schools and Special Services areas) by using the following criteria and order in identifying which teacher(s) to release in the area(s) of proposed reduction. a. The District will retain those teachers who have the proper certification and relevant District teaching experience to meet the District’s staffing needs. b. A teacher seniority list; bin the classification group who is on a Performance Improvement Plan (PIP) If additional reductions are made, they will be from laid off before a teacher who is not on a PIP. c. Teachers with the fewest total years of service in the District. d. Should a tie still exist, the Association, the Board, and, if possible, the affected teacher(s) shall jointly conduct a lottery to determine the teacher(s) with greatest service. Any employee who changes teaching assignments as a result of lay off may be assigned a mentor and, if necessary, placed on a PIP at any time after October 1. If the provisions of the PIP are not met to the satisfaction of administration the employee can be non-renewed at the annual review. This change in no way impacts the language in Appendix K as applied to other staff. 2. Years of service to the District will be determined by the equivalent number of full-time teacher seniority listyears worked (example - two years of half-time equals one full-time year). In order to bump into If there is a teaching position in tie, the Montessori program on the basis date of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with formal election within the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be the determining factor; if a tie still exists, the lottery system will be used to determine seniority. 3. The District will notify affected personnel as early as it possibly can, but no later than April 15 (in any given written year). 4. The District will notify the Association at the same time it notifies the certified employee(s) to be affected. 5. The notice to the Association and the affected employee(s) will include reasons for the reduction-in-force and reasons for the selection of proposed placement on unrequested leave pursuant to Minn. Statthe particular employee(s). 6. §122A.40Certified personnel laid off must annually, subd.10by March 1, or such other times as appropriate, advise the Superintendent's office in writing of their current address and availability for employment. If a teacher, being laid off, seeks a position laid-off employee refuses an offer for reemployment in an area for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsis qualified, the District may impose reasonable education requirements as a condition to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation. Subd. 3. The School District employee shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting forfeit his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in reemployment under the course of implementing the procedures conditions of this article without the mutual consent of the teachers and the School Districtsection.

Appears in 1 contract

Sources: Master Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates The District shall determine when a layoff is necessary and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff which programs will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority listaffected. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsHowever, the District may impose reasonable education requirements as agrees that such layoffs shall be implemented in accordance with the following procedure: 1. Whenever the Board determines that a condition to being assigned layoff is necessary, it shall immediately notify the Association. 2. Affected employees shall be notified at least thirty (30) calendar days prior to the position soughteffective date of the layoff. In the event the service time is equalof school closure due to lack of funds, however, the following criteria notice shall be ten (10) calendar days. When affected employees are notified, the District shall provide the Association with a copy of the seniority and layoff lists. The Association will be used informed prior to RIF notices’ being distributed. (CEA Proposal 2-08-24) 3. Retention of employees will be in accordance with ORS 342.934 and the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation.criteria: Subd. 3. The School District a. Seniority shall be obligated defined as the length of current, continuous service to recognize licensure received on or before February 1 for the District, measured from the first day of actual work. For the purposes of unrequested leave placement for that year. Later received licenses this Article, seniority shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status broken by approved leaves of absence; if two employees start on the fullsame day the District shall hold a drawing. within one month of the starting date to determine relative seniority. (District Proposal 2-time 08-24) The employees and Association shall be present at this drawing. The District shall maintain a current seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time positionb. Cultural or linguistic expertise shall be defined in accordance with ORS 342.934(1)(b). Subdc. Temporary and probationary employees shall be reduced first. d. The District will transfer contract employees of courses scheduled for discontinuation to positions for which they apply and are qualified for under the following criteria: i. The positions are open or held by temporary or probationary employees; ii. 6The applicant is qualified and licensed with norms for the courses to be taught; iii. Part-time teachers shall have no rights The transfer allows the District to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment maintain the proportion of teachers within areas of certification shall not to students with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise. iv. Competence may be required in considered only if the course of implementing the procedures of this article without the mutual consent of the teachers and the School Districtdistrict desires to retain a less senior employee over a more senior employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. Subd. In order to promote an orderly reduction in personnel when the educational program, curriculum, and staff is curtailed, the following procedure will be used: 1. Teachers with limited permits, provisional certificates and non-tenured Probationary teachers shall be terminated laid off first. A proba- tionary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. Subd. 2. Reduction in certified tenured staff will be made on If the basis reduction of seniority as follows: a) If additional reductions are madeteaching personnel is still necessary, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position then tenure teachers in the Montessori program specific positions being reduced or eliminated shall be laid off on the basis of seniority, a teacher must have an elementary license and a certificate except as hereinafter provided. Layoffs made pursuant to teach Montessori on file this section shall be made in the inverse order of seniority, i.e., those with the District on or before February 1 for least seniority are to be laid off first. For the purposes of unrequested leave placement this article "seniority" is defined to mean the years of service an individual is continuously employed as a certified teacher within the school district. A seniority list will be published annually, by October 15. 3. For those part-time employees hired after July I, 1983, and those current employees reduced to part-time after July I, 1983, seniority credit and salary schedule advancement (including longevity) may only be earned in 1/2 year amounts with the minimum criteria for that yearthem being listed below: a. A contracted teacher teaching a minimum of 4/6 of a student day for sixty (60) days in a semester will receive 1/2 year of credit in computing seniority and for advancing on the salary schedule (including longevity) .‌ b. A contracted teacher teaching less than 4/6 of a student day must work sixty (60) days in both semesters to receive 1/2 year of credit in computing seniority and for advancing on the salary schedule . Teachers shall be given written notice of proposed placement on unrequested leave (including longevity) . 4. A teacher, who is laid off pursuant to Minn. Stat. §122A.40this article, subd.10. If has the right to be placed in a teacher, being laid off, seeks a teaching position for which he/she has he is certified and qualified to fill and which is occupied by a current certificate but has not taught teacher with the subject at least one seniority. 5. For purposes of this Article, qualifications shall be defined as having the appropriate state certification. It is expressly recognized that in special classes (1i.e. Perceptual Education, Computer Science, etc.,) year during the previous five Board retains the sole discretion to adopt qualification criteria. 6. Seniority shall continue to accumulate when bargaining unit members are on sabbatical, military, study, parental (5maternity) yearshealth, the District may impose reasonable education requirements as a condition to being assigned to the position soughtor Association leave. All seniority is lost when employment is severed by resignation, retirement, or discharge for cause. In cases of layoff, bargaining unit members so affected shall retain all seniority accumulated as of the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years effective date of teaching experience, (3) administrative recommendationlayoff and continue to accrue seniority during that period. Subd7. 3. The School District Seniority shall be obligated to recognize licensure received frozen for bargaining unit members who accept an administrative job with the district and for those members on or before February 1 for purposes unpaid leaves of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rightsabsence. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status on the full-time seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 1 contract

Sources: Master Agreement

Layoff Procedure. Subd. 1. Teachers i. The Employer agrees to provide the Union with limited permits, provisional certificates a list of names of the employees being laid off and non-tenured teachers such notice shall be terminated first. Subdsent at the same time that it is issued to the employees so affected. 2. Reduction in certified tenured staff will be made on the basis of seniority as follows: aIf an employee is provided less than thirty (30) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given calendar days’ written notice of proposed placement layoff during a school year, he or she must receive pay and benefits for thirty (30) days. ii. In the case of employees being laid off the following school year, CoaH will notify the union and the affected employees in writing of its intent to lay off by no later than June 15 prior to the beginning of the academic year in which the layoff is to be effective. Nothing in this paragraph shall preclude CoaH from implementing layoffs after June 15 if the need for such layoffs is not established by June 15. iii. For the purposes of layoff and recall, the concept of “seniority” shall be defined as years of service in the school, including one year of service as a Fellow at City on unrequested leave pursuant a Hill School. iv. Employees shall be laid off in accordance with seniority by department and job title. For purposes of this provision only, the designation of “lead” shall not be considered a “job title” change. v. An employee who changes jobs within the bargaining unit in accordance with Article V(1) (Discharge and Discipline), shall be credited for all years of service with the school after the completion of his/her third year in the changed job. If an employee, who has changed jobs, is laid off, the employee shall have the right to Minn. Stat. §122A.40, subd.10return to his/her previous job if there is a vacant position. If a teachervacant position is not available, being laid off, seeks a position for which he/she has a current certificate but has not taught then the subject at least one (1) year during the previous five (5) years, the District may impose reasonable education requirements as a condition to being assigned to the position sought. In the event the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation. Subd. 3. The School District employee shall be obligated to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status placed on the full-time seniority listrecall list for both positions in accordance with section 2 (Recall Procedure) below. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time position. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates The District shall determine when a layoff is necessary and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff which programs will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority listaffected. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsHowever, the District may impose reasonable education requirements as agrees that such layoffs shall be implemented in accordance with the following procedure: 1. Whenever the Board determines that a condition to being assigned layoff is necessary, it shall immediately notify theAssociation. 2. Affected employees shall be notified at least thirty (30) calendar days prior to the position soughteffective date of the layoff. In the event the service time is equalof school closure due to lack of funds, however, the following criteria will notice shall be used in ten (10) calendar days. When affected employees are notified, the following order: (1) education level, (2) total years District shall provide the Association with a copy of teaching experience, (3) administrative recommendationthe seniority and layoff lists. Subd. 3. The School District Retention of employees willbe in accordance with ORS 342.934 andthe following criteria: a. Seniority shall be obligated defined as the length of current, continuous service to recognize licensure received on or before February 1 for the District, measured from the first day of actual work. For the purposes of unrequested leave placement for that year. Later received licenses this Article, seniority shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status broken by approved leaves of absence; if two employees start on the full-time same day the District shall hold a drawing within one month of the starting date to determine relative seniority. The employees and Association shall be present at this drawing. The District shall maintain a current seniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time positionb. Cultural or linguistic expertise shall be defined in accordance with ORS 342.934(1)(b). Subdc. Temporary and probationary employees shall be reduced first. d. The District will transfer contract employees of courses scheduled for discontinuation to positions for which they apply and are qualified for under the following criteria: i. The positions are open or held by temporary or probationary employees; ii. 6The applicant is qualified and licensed with norms for the courses to betaught; iii. Part-time teachers shall have no rights The transfer allows the District to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment maintain the proportion of teachers within areas of certification shall not to students with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise. iv. Competence may be required in considered only if the course of implementing the procedures of this article without the mutual consent of the teachers and the School Districtdistrict desires to retain a less senior employee over a more senioremployee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. Subd. 1. Teachers with limited permits, provisional certificates and non-tenured teachers 31.1 Nothing herein shall be terminated firstconstrued to require OC San to fill vacant, budgeted positions nor to prohibit OC San from eliminating vacant positions from the budget. OC San reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. Subd. 2. Reduction 31.2 The layoff procedure outlined below shall be followed if OC San finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. 31.3 If, in certified tenured staff will be made on the basis sole discretion of seniority as follows: a) If additional OC San management, personnel reductions are madenecessary, they will layoff order and recall lists shall be from developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing, whenever possible. Deleted: the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with Deleted: District Deleted: the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant Deleted: The District Deleted: the District 31.4 Employees in classifications subject to Minn. Stat. §122A.40, subd.10. If layoff may request a teacher, being laid off, seeks a voluntary demotion to any previously held position for which he/she has a current certificate but has not taught they remain qualified. Such requests must be made in writing to the subject at least one (1) year during the previous Human Resources Department within five (5) yearsdays of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged, except that it may not exceed the District may impose reasonable education requirements as maximum rate of the range for the lower level classification. 31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a condition to being assigned period of two years from the date of layoff. Individuals shall be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the position soughtindividual on the top of the list. In That individual must respond to the event offer within five days, or the service time is equal, the following criteria will be used in the following order: (1) education level, (2) total years of teaching experience, (3) administrative recommendation. Subd. 3. The School District offer shall be obligated made to recognize licensure received on or before February 1 for purposes of unrequested leave placement for that year. Later received licenses shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status next person on the full-time seniority list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. Subd31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. 5. Part-time teachers cannot obtain full-time status on It is the full-time teacher seniority lists by holding part-time positions on responsibility of all employees to keep the part-time teacher seniority lists and combining such positions to equate to a full-time positionHuman Resources Department informed of their current address, or where they may be contacted. Subd. 6. Part-time teachers shall have no rights to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment of teachers within areas of certification shall not be required in the course of implementing the procedures of this article without the mutual consent of the teachers and the School District.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. SubdThe District shalldetermine when alayoff isnecessary andwhichprograms willbe affected. 1. Teachers with limited permits, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsHowever, the District may impose reasonable education requirements as a condition to being assigned agrees that such layoffs shall be implemented in accordance with thefollowing procedure: 1. Wheneverthe Boarddeterminesthat alayoffisnecessary, it shall immediately notify theAssociation. 2. Affected employees shall be notified at least thirty (30) calendar days prior to the position soughteffective date of the layoff. In the event the service time is equalof school closure due to lack of funds, however, the following criteria notice shall be ten (10) calendar days. When affected employees are notified, the District shall provide the Association with a copy of the seniority and layoff lists. The Association will be used in the following order: informed prior to RIF notices’ being distributed. (1) education level, (CEA Proposal 2) total years of teaching experience, (3) administrative recommendation.-08-24) Subd. 3. The School District Retentionof employeeswillbe inaccordance with ORS342.934andthe following criteria: a. Seniority shall be obligated defined as the length of current, continuous service to recognize licensure received on or before February 1 for the District, measured from the first day of actual work. For the purposes of unrequested leave placement for that year. Later received licenses this Article, seniority shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status broken by approved leaves of absence; if two employees start on the fullsame day the District shall hold a drawing. within one month of the starting date to determine relative seniority. (District Proposal 2-time seniority 08-24) The employees and Association shall be present at this drawing. The District shall maintain a currentseniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time positionb. Cultural or linguistic expertise shall be defined in accordance with ORS 342.934(1)(b). Subdc. Temporary and probationary employees shall be reduced first. d. The District will transfer contract employees of courses scheduled for discontinuation to positions for which they apply and are qualified for under the following criteria: i. The positions areopen or heldbytemporary or probationary employees; ii. 6The applicant is qualified and licensed with norms for the courses to betaught; iii. Part-time teachers shall have no rights The transfer allows the District to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment maintain the proportion of teachers within areas of certification shall not to students with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise. iv. Competence may be required in considered only if the course of implementing the procedures of this article without the mutual consent of the teachers and the School Districtdistrict desires to retain a less senior employee over a more senioremployee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. SubdThe District shall determine when a layoff isnecessary and which programs willbe affected. 1. Teachers with limited permits, provisional certificates and non-tenured teachers shall be terminated first. Subd. 2. Reduction in certified tenured staff will be made on the basis of seniority as follows: a) If additional reductions are made, they will be from the part-time teacher seniority list; b) If additional reductions are made, they will be from the full-time teacher seniority list. In order to bump into a teaching position in the Montessori program on the basis of seniority, a teacher must have an elementary license and a certificate to teach Montessori on file with the District on or before February 1 for purposes of unrequested leave placement for that year. Teachers shall be given written notice of proposed placement on unrequested leave pursuant to Minn. Stat. §122A.40, subd.10. If a teacher, being laid off, seeks a position for which he/she has a current certificate but has not taught the subject at least one (1) year during the previous five (5) yearsHowever, the District may impose reasonable education requirements as agrees that such layoffs shall be implemented in accordance with the following procedure: 1. Whenever the Board determines that a condition to being assigned layoff isnecessary, it shall immediately notify theAssociation. 2. Affected employees shall be notified at least thirty (30) calendar days prior to the position soughteffective date of the layoff. In the event the service time is equalof school closure due to lack of funds, however, the following criteria will notice shall be used in ten (10) calendar days. When affected employees are notified, the following order: (1) education level, (2) total years District shall provide the Association with a copy of teaching experience, (3) administrative recommendationthe seniority and layoff lists. Subd. 3. The School District Retention of employees willbe in accordance with ORS 342.934 andthe following criteria: a. Seniority shall be obligated defined as the length of current, continuous service to recognize licensure received on or before February 1 for the District, measured from the first day of actual work. For the purposes of unrequested leave placement for that year. Later received licenses this Article, seniority shall not be utilized in determining selection for layoff and likewise shall not be utilized for determining recall rights. Subd. 4. A full-time teacher being laid off may claim a part-time position for which he/she possesses the seniority and qualifications without affecting his/her status broken by approved leaves of absence; if two employees start on the full-time seniority same day the District shall hold a drawing within one month of the starting date to determine relative seniority. The employees and Association shall be present at this drawing. The District shall maintain a currentseniority list. Subd. 5. Part-time teachers cannot obtain full-time status on the full-time teacher seniority lists by holding part-time positions on the part-time teacher seniority lists and combining such positions to equate to a full-time positionb. Cultural or linguistic expertise shall be defined in accordance with ORS 342.934(1)(b). Subdc. Temporary and probationary employees shall be reduced first. d. The District will transfer contract employees of courses scheduled for discontinuation to positions for which they apply and are qualified for under the following criteria: i. The positions are open or held by temporary or probationary employees; ii. 6The applicant is qualified and licensed with norms for the courses to betaught; iii. Part-time teachers shall have no rights The transfer allows the District to a full-time position or to bump a teacher in a full-time position. Subd. 7. Realignment maintain the proportion of teachers within areas of certification shall not to students with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise. iv. Competence may be required in considered only if the course of implementing the procedures of this article without the mutual consent of the teachers and the School Districtdistrict desires to retain a less senior employee over a more senioremployee.

Appears in 1 contract

Sources: Collective Bargaining Agreement