Common use of Notification of Anticipated RIF Clause in Contracts

Notification of Anticipated RIF. A. If the employer determines a RIF may occur, the employer shall notify the Association in writing, prior to the June Board meeting, of the date the RIF is to be implemented. The notification shall include the reason(s) for the RIF; the position(s) to be reduced, eliminated, or not filled; the name(s) of the employee(s) to be affected; the date of employer action to implement the RIF; and the effective date of the RIF which shall be no later than August 15th, except a RIF because of a return from a leave of absence may occur at any time. B. The employer shall develop and provide the Association with a RIF list of potentially affected employees which shall be based on the seniority list. (As established in Section 8.10 et seq.) C. Within ten (10) days of receipt of the notification, representatives of the employer and the Association shall meet to review the proposed RIF. If the Union disagrees with the reason(s) for or implementation of the proposed RIF, the Association may meet with the Board in executive session to present its views. D. Any action by the Board to enact a reduction in force other than a RIF because of a return from a leave of absence shall be taken prior to the first day of June in the year the plan is to be implemented. A. In determining the position(s) to be reduced, eliminated, or not filled, the following sequence shall be used: 1. Position(s) vacated as a result of voluntary resignation, retirement, or death will not be filled. 2. If additional reduction is necessary, part-time employee(s) holding limited contracts shall be laid off in reverse seniority order, i.e., least senior employee(s) is the first to be laid off. 3. If additional reduction is necessary, full-time employee(s) holding limited contracts in the lowest comparable evaluation rating categories shall be laid off in reverse seniority order within the comparable evaluation rating category. 4. If additional reduction is necessary, employee(s) holding continuing contracts in the lowest comparable evaluation rating categories shall be laid off in reverse seniority order within the comparable evaluation rating category. B. During the implementation of RIF, no reassignment, transfer, or reclassification shall occur that will cause a more senior employee to be laid off before a less senior employee. C. Layoff shall occur by suspension of contract. The limited contract of an affected employee that expires prior to the effective date of the RIF shall be renewed and then suspended to implement the layoff.

Notification of Anticipated RIF. A. a. If the employer Board determines a RIF may occur, the employer Board shall notify the Association KEA in writing, not less than sixty (60) calendar days prior to the June Board meeting, of the date the RIF is to be implementedBoard will take action on the RIF. The notification shall include the reason(s) for the RIF; , the position(s) to be reduced, eliminated, or not filled; the name(s) of the employee(s) teachers to be affected; , the date of employer Board action to implement the RIF; , and the effective date of the RIF which shall be no later than August 15th, except a RIF because of a return from a leave of absence may occur at any timeRIF. B. b. The employer Board shall develop and provide the Association KEA with a RIF list of potentially affected employees which shall be based on the seniority list. (As established in Section 8.10 et seqteachers.) C. c. Within ten (10) days of receipt of the notification, representatives of the employer Board and the Association KEA shall meet to review the proposed RIF. If the Union disagrees with the reason(s) for or implementation of the proposed RIFOnce this meeting has occurred, the Association may meet with the Board in executive session to present its viewsthere shall be no involuntary transfers until all bumping has been completed. D. Any action by the Board to enact a reduction in force other than a RIF because of a return from a leave of absence shall be taken prior to the first day of June in the year the plan is to be implemented. A. a. In determining the position(s) to be reduced, eliminatedthe Board shall not give preference to any teacher based on seniority, or not filled, the except when making a decision between teachers who have comparable evaluations. The following sequence shall be usedused for a reduction in force: (1. Position(s) The number of persons affected by a reduction in staff will be kept to a minimum by not employing replacements insofar as practical for positions vacated as a result of voluntary resignation, retirement, or death will death. The parties recognize, however, it may be necessary to hire some replacements for these positions if other teachers do not possess the certification/licensure for the position and the position is one that must be filled. (2. ) If additional reduction is necessary, then part-time employee(steacher(s) holding limited contracts shall be laid off in reverse seniority orderbefore full-time teacher(s). However, i.e., least senior employee(spart-time teacher(s) is the first to be laid offon continuing contracts will receive preference over part-time or full-time teacher(s) on limited contracts. (3. ) If additional reduction is necessary, full-time employee(sthen within each educational level, high school, middle school, elementary school, and at that level within each certification/licensure area affected, reductions shall be made first of teacher(s) holding with limited contracts and then of teacher(s) with continuing contracts. (4) Prior to an actual layoff, a teacher who is subject to layoff in his/her current assignment shall be notified of his/her “displacement (bumping) rights; and given at least five (5) days to exercise them. A teacher who receives a layoff notice in his/her current certification/licensure area shall have displacement (bumping) rights to displace the least senior teacher in the lowest comparable evaluation rating categories shall be same or different certification/licensure area if the teacher being laid off has a valid certificate/license in reverse that area and has greater seniority order within than the other teacher; and evaluations comparable evaluation rating categoryto the least senior teacher. 4(5) As a result of the above, if a teacher who displaces the least senior teacher does not possess highly qualified teacher (HQT) status, the teacher will be provided a two-year period of time to achieve HQT status relevant to that assignment. If additional HQT status is not achieved in that period of time, the teacher may be subject to reduction is necessary, employee(s) holding continuing contracts in force without complying with the lowest comparable evaluation rating categories shall be laid off in reverse seniority order within the comparable evaluation rating category.general provisions of this Article VII. C. B. During the implementation of RIF, no reassignment, transfer, or reclassification shall occur that will cause a more senior employee to be laid off before a less senior employee. C. b. Layoff shall occur by suspension of contract. c. A teacher to be laid off due to RIF shall be given thirty (30) days advance written notification prior to Board action on the implementation of the RIF. The limited contract President of an affected employee that expires prior to KEA shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the RIF shall be renewed and then suspended date of the Board's action to implement the layoffRIF.