Common use of REDUCTION AND RECALL Clause in Contracts

REDUCTION AND RECALL. 1 When in the sole discretion and judgment of the Board, it is necessary to reduce the number of general education teachers within the district, before a non-probationary teacher can be non-renewed, the Board shall conduct a good faith examination of the license and experience of all teachers in the area where the reduction in force is to occur. No non-probationary teacher shall be non-renewed to reduce staff until all probationary teachers in all areas in which the non-probationary teacher is licensed shall have been non-renewed. Where there is a need to non-renew a non-probationary teacher to reduce staff, the Board shall use the following factors in determining which non-probationary teacher’s contract will be non-renewed due to reduction in force. a Non-probationary teachers with the least years of active service; b Areas of licensure; c Advanced degrees and additional credit hours. When in the sole discretion and judgment of the USD 368 Board, it is necessary to reduce the number of licensed teachers/employees of East Central Kansas Special Education Cooperative (ECKSEC), the reductions will occur within the group of the ESKSEC licensed teachers/employees who are covered by the Master Contract. The USD 368 Board shall conduct a good faith examination of the license and experience of all cooperative staff covered by the Master Contract in the area where the reduction in force is to occur. No ECKSEC non- probationary teacher/licensed employee shall be non-renewed to reduce staff until all probationary teachers/licensed employee in all areas in which the non-probationary teacher/staff is licensed shall have been non-renewed. An ECKSEC employee would not have the opportunity to RIF a USD 368 General Education Grade Kindergarten through Grade 12 position or an ECKSEC employee not covered by the Master Contract. Where there is a need to non- renew a non-probationary teacher/licensed employee to reduce staff, the USD 368 Board shall use the following factors in determining which non-probationary teacher’s/employee contract will be non-renewed due to reduction in force. A Non-probationary teachers or licensed employee with the least years of active service; B Areas of licensure; C Advanced degrees and additional credit hours.

REDUCTION AND RECALL. 1 When 1. An employee may be laid-off by the employer in the sole discretion manner herein provided when there is lack of work or lack of funds and judgment reduction in personnel is necessary. 2. For purposes of lay-off and recall only, the Boardfollowing classifications (as defined in 5.5) shall be considered related: Pool Attendant – Custodian, it is Maintenance – Grounds. For purposes of Article VII, the aforementioned related classifications shall be referred to as classification. 3. In the event of a necessary to reduce reduction in work force, the number of general education teachers employer shall first lay-off probationary bargaining unit members, then the least senior bargaining unit members within the district, before affected classification. In no case shall a non-probationary teacher can bargaining unit member be non-renewed, employed by the Board shall conduct a good faith examination of the license and experience of all teachers in the area where the reduction in force is to occurwhile there are laid-off bargaining unit members. No non-probationary teacher shall be non-renewed to reduce staff until all probationary teachers in all areas in which the non-probationary teacher is licensed shall Bargaining unit members whose positions have been non-renewed. Where there is a need to non-renew a non-probationary teacher to reduce staff, the Board shall use the following factors in determining which non-probationary teacher’s contract will be non-renewed eliminated due to reduction in forcework force or who have been affected by a lay-off/elimination of position shall have the right to assume the position of the least senior employee in their own classification. If the least senior employee in the classification being reduced or eliminated is less than full-time, the affected employee shall have the right to assume the position of the lowest seniority employee in that classification who works the same length of workday and/or work year. If there is no one less senior in their classification, the affected employee may replace the least senior employee in any other classification that may hold accumulated seniority in. 4. In the event of lay-off, the employer and Union may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of lay-off. With the approval of the employer and the Union, bargaining unit members may, at their option, without prejudice to seniority and other rights under the Agreement, waive their seniority in the instance of the employer instituting a Nonlay-probationary teachers off during the period of this Agreement. Such waiver, if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority or any other right under the Agreement, including the bargaining unit member’s right to be recalled from such lay-off. 5. Excluding bus drivers, in the event of a reduction in the daily work hours of one hour or more in a classification, a bargaining unit member may use his/her seniority to regain his/her lost hours by displacing the least senior employee in that classification who has a work schedule equal to the more senior employee’s schedule prior to the reduction. 6. A laid-off bargaining unit member shall, upon application and at his/her option, be granted priority status on the daily substitute list according to his/her seniority. When subbing on a daily basis, the employee will receive substitute wages with no benefits. If a substitute will be needed for twenty (20) or more working days to fill a temporary vacancy, the most senior qualified (as defined in 7.7) person must be offered that temporary vacancy position first. If they refuse, the next senior person that is qualified must be contacted and so on down the lay-off list of employees. During temporary recall, the employee will receive regular hourly wages and benefits of that position. For the purpose of this Article, qualifications shall be defined as outlined in Article X, Section 8(b). 7. Laid-off bargaining unit members shall be recalled in order of seniority, with the least years of active service; b Areas of licensure; c Advanced degrees and additional credit hours. When most senior being recalled first to any position in the sole discretion classification from which they were laid-off. In the event a position becomes available in a classification laid-off bargaining unit member holds frozen accumulated seniority in, the laid-off bargaining unit member shall be offered that position. The bargaining unit member’s refusal of said position shall not constitute a refusal to work. The bargaining, unit member shall only be required to return from lay-off to a position they were laid-off from, in their current classification. 8. Notice of recall shall be sent by certified or registered mail to the last known address, as shown on the employer’s records. The recall notice shall state the time and judgment date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member’s responsibility to keep the employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given ten (10) days from receipt of notice, excluding Saturday, Sunday, and holidays, to report to work. The employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work, providing the bargaining unit member reports within the ten (10) day period. Bargaining unit members recalled to full-time work within their current seniority classification, are obligated to take said work. A bargaining unit member who declines recall to full-time work within their current seniority classification, shall forfeit his/her seniority rights. Bargaining unit members on lay-off shall accrue seniority during the period of such lay-off. 9. The Union shall be given a copy of the USD 368 Board, it lay-off list prior to the notification of the individual employees to be laid-off. If there is necessary to reduce disagreement concerning the number of licensed teachers/employees of East Central Kansas Special Education Cooperative (ECKSEC)lay-off list, the reductions will occur within Union shall have the group right to meet with the representatives of the ESKSEC licensed teachers/employees who are covered by Board to attempt to resolve the Master Contractdisagreement. 10. The USD 368 Board Employees shall conduct a good faith examination be given thirty (30) days advance notification of the license and experience of all cooperative staff covered by the Master Contract in the area where the reduction in force is impending lay-off. 11. Employees shall retain recall rights equal to occur. No ECKSEC non- probationary teacher/licensed employee shall be nontheir accumulated seniority acquired prior to lay-renewed to reduce staff until all probationary teachers/licensed employee in all areas in which the non-probationary teacher/staff is licensed shall have been non-renewed. An ECKSEC employee would not have the opportunity to RIF a USD 368 General Education Grade Kindergarten through Grade 12 position or an ECKSEC employee not covered by the Master Contract. Where there is a need to non- renew a non-probationary teacher/licensed employee to reduce staff, the USD 368 Board shall use the following factors in determining which non-probationary teacher’s/employee contract will be non-renewed due to reduction in force. A Non-probationary teachers or licensed employee with the least years of active service; B Areas of licensure; C Advanced degrees and additional credit hoursoff.

REDUCTION AND RECALL. 1 When in 12.1 The Board reserves the sole discretion and judgment of to determine the Board, it is necessary necessity to reduce and/or recall employees. 12.2 In the number event of general education teachers within the district, before a non-probationary teacher can be non-renewednecessary reduction in work force, the Board employer shall conduct first lay off probationary bargaining unit members, then the least seniored bargaining unit members. In no case shall a good faith examination of new employee be employed by the license and experience of all teachers in the area where the reduction in force is to occuremployer while there are laid-off bargaining unit members who are qualified for a vacant or newly created position. No non-probationary teacher shall be non-renewed to reduce staff until all probationary teachers in all areas in which the non-probationary teacher is licensed shall Bargaining unit members whose positions have been non-renewed. Where there is a need to non-renew a non-probationary teacher to reduce staff, the Board shall use the following factors in determining which non-probationary teacher’s contract will be non-renewed eliminated due to reduction in forcework force or who have been affected by a layoff/elimination of position shall have the right to assume the position of the least senior employee in their own classification. If the least senior employee in the classification being reduced or eliminated is less than full time, the affected employee shall have the right to assume the position of the lowest seniority employee in that classification who works the same length of workday and/or workyear. If there is no one less senior in their classification, the affected employee may replace the least senior employee in any other classification provided they meet the necessary qualifications for that position. 12.3 In the event of layoff, the employer and union may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of layoff. With the approval of the employer and the union, bargaining unit members may, at the option, without prejudice to seniority and other rights under the Agreement, waive their seniority in the instance of the employer instituting a Nonlayoff during the period of this Agreement. Such waiver, if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority or any other right under the contract including the bargaining unit member's right to be recalled from such layoff. 12.4 Excluding bus drivers, in the event of a reduction in the daily work hours of one hour or more in a classification, a bargaining unit member may use his/her seniority to regain his/her lost hours by displacing the least senior employee in that classification who has a work schedule equal to the more senior employee's schedule prior to the reduction. 12.5 A laid-probationary teachers off bargaining unit member shall, upon application and at his/her option, be granted priority status on the daily substitute list according to his/her seniority. When subbing on a daily basis, the employee will receive substitute wages with no benefits. If a substitute will be needed for 20 or more working days in the same position, the most senior qualified (as defined in 12.7) person must be offered that sub position first. The time/date that the administrator is knowledgeable of the absence extending beyond 20 days is the day the position becomes eligible as a temporary recall position and this paragraph applies. No retroactivity permissible. If they refuse, the next senior person that is qualified must be contacted and so on down the layoff list of employees. During temporary recall, the employee will receive regular hourly wages and benefits. It is understood, a refusal can affect unemployment benefits eligibility. 12.6 Laid-off bargaining unit members shall be recalled in order of seniority, with the least years of active service; b Areas of licensure; c Advanced degrees and additional credit hours. When most senior being recalled first, to any position in the sole discretion classification from which they were laid off or to any position in a classification from which the employee had previously held seniority or to any position the employee is qualified for as provided in 12.7. 12.7 For the purpose of this Article, qualifications shall be defined as meeting any certification or licensing requirements as well as the stated minimum requirements on the most recent posting for that position updated within sixty (60) days of ratification of this Agreement. The committee to review job descriptions shall consist of not more than three (3) people each for the Association and judgment the District. The District shall meet and confer with the Association on any needed changes in job descriptions or new job descriptions during the life of the USD 368 BoardAgreement. 12.8 Notice of recall shall be sent by certified or registered mail to the last known address as shown on the employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given five (5) calendar days from receipt of notice, it excluding Saturday, Sunday, and holidays, to report to work. The employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member reports within the five (5) day period. Bargaining unit members recalled to full-time work for which they are qualified are obligated to take said work. A bargaining unit member who declines recall to full-time work for which he/she is necessary qualified shall forfeit his/her seniority rights. 12.9 The TIPPA/MEA shall be given a copy of the layoff list prior to reduce the number notification of licensed teachers/the individual employees of East Central Kansas Special Education Cooperative (ECKSEC)to be laid off. If there is disagreement concerning the layoff list, the reductions will occur within TIPPA/MEA shall have the group right to meet with the representatives of the ESKSEC licensed teachers/employees who are covered by Board to attempt to resolve the Master Contract. The USD 368 Board disagreement. 12.10 Employees shall conduct a good faith examination be given thirty (30) calendar days' advance notification of the license and experience of all cooperative staff covered by the Master Contract in the area where the reduction in force is impending layoff when possible. 12.11 Employees shall retain recall rights equal to occur. No ECKSEC non- probationary teacher/licensed employee shall be non-renewed their seniority acquired prior to reduce staff until all probationary teachers/licensed employee in all areas in which the non-probationary teacher/staff is licensed shall have been non-renewed. An ECKSEC employee would not have the opportunity to RIF a USD 368 General Education Grade Kindergarten through Grade 12 position or an ECKSEC employee not covered by the Master Contract. Where there is a need to non- renew a non-probationary teacher/licensed employee to reduce staff, the USD 368 Board shall use the following factors in determining which non-probationary teacher’s/employee contract will be non-renewed due to reduction in force. A Non-probationary teachers or licensed employee with the least years of active service; B Areas of licensure; C Advanced degrees and additional credit hourslayoff.