REDUCTION IN FORCE A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified.
B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code.
C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies.
D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years.
E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy.
F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement.
G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave.
H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.
REDUCTION IN WORK FORCE 13:01 When circumstances require a reduction in the number of employees within a classification, the following procedure shall apply:
(i) An employee with the most seniority of those affected by the reduction in the classification shall displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(ii) If the reduction results in the classification changing from Continuous Shift to a non-Continuous Shift, then senior employees being retained in the classification may, in order of seniority, be allowed to exercise any "bump" that the junior employee(s) could have exercised under 13:01 (a) (i) or 13:01 (d), provided the senior employee is capable of continuing to perform the work required.
(b) An employee so displaced shall in turn displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(c) Notwithstanding (a) and (b) above, an employee displaced from a day job ("E" shift) through the provisions of this Article, shall have the following options: To displace the most junior employee on any Seniority List on a day job ("E" shift) not requiring training (*) provided his seniority so allows. OR To displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required.
(d) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options within his own Seniority List as detailed in (a) and (b) of this section, shall be entitled to displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required. If more than one shift schedule is in effect in the classification, said employee may select his schedule provided his seniority so allows.
(i) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), and (d) of this section shall be entitled to displace the most junior employee in any of the Seniority Lists (Maintenance skilled classifications excepted) provided his seniority so allows and he has the physical fitness to perform the work required and shall be trained to perform such work.
(ii) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), (d), and (e)(i), who cannot perform the work required due to physical restrictions as confirmed by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB will be allowed to displace the most junior employee of all those classifications on a comparable shift, provided his seniority so allows, and he can perform the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be provided. If placement on a comparable shift is not applicable, then the restricted employee will be allowed to displace the most junior employee in the plant, seniority allowing in a classification in which he can perform the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be provided.
(iii) If the restricted employee cannot be placed through the application of this section, then he shall be placed on the Inactive Seniority List (provided he is not receiving wages from other employment or refuses rehabilitative training as offered by the (Workplace Safety & Insurance Board) and the Company shall advise him of any future openings which he could perform.
(iv) An employee who cannot be assigned to another job through the application of 13.01(e) and who is ineligible for the Inactive Seniority List, may be placed on layoff.
(f) An employee entering another Department through the provisions of this Article, shall have his seniority transferred as of the date of the transfer.
(g) An employee displaced from his Department through the application of this Article, shall not transfer to another Department under the provisions of Article XII- Transfers and Promotions while a more senior non-restricted employee is on lay-off.
13:02 In the event a reduction of work results in a layoff, probationary employees shall be the first to be laid off.
13:03 Employees laid off shall for the purpose of recall, be provided with a form by the Human Resources Department on which they shall indicate the jobs they can reasonably perform. Employees who have indicated the jobs they can reasonably perform, on a form provided by the Human Resources Department, shall under certain circumstances be allowed to place themselves on lay-off.
13:04 In the event of lay-off for reasons other than those listed in Article XIX of the Agreement section 19:01 (a), (b), (c), and (d), the Company shall give at least seven (7) calendar days notice to the employees affected.
13:05 Whenever two (2) job classifications are combined into a single new classification, any employee who has been classified in either job during the previous five (5) years shall be allowed to displace a more junior employee in the new classification if he is affected by a reduction in the work force.
13:06 On occasions that scheduled maintenance of electrical equipment necessitates a power outage, employees affected shall be laid off for a period not in excess of one-half of their regular shift and shall not be eligible to displace other employees under the provisions of this Article.
13:07 In the event of a total plant closure, the Company agrees to pay a severance payment for all employees (except those on the Inactive Seniority List) at the rate of one (1) weeks regular pay per year of service to a maximum of twenty-six (26) weeks of pay. Employees with more than twenty-six (26) years of service shall receive an additional one-half (1/2) weeks pay for each year of service beyond twenty-six (26) (partial years of service will be included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Reduction in Force and Recall Section 13.1. It is the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions.
Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position.
Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this section. Such training shall be at the Employer’s expense.
Section 13.4. The recalled employee shall have ten (10) calendar days following the date of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed upon.
Reduction in Hours (a) Reduction in hours shall be based on seniority, providing that affected employees have the qualifications to perform the work that is available and that licensing standards can be maintained.
(b) Any regular employee offered a reduction of hours shall have the right to choose layoff as per Article 13.3.
(c) Any regular employee offered a reduction of hours shall be given two (2) weeks’ notice of the reduction.
REDUCTION IN STAFF A. If the Board shall determine that it is necessary to decrease the number of tenured faculty employed by the Board or to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and ▇▇▇▇ shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action.
B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division ▇▇▇▇. The division ▇▇▇▇ has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division ▇▇▇▇ denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College.
C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated.
D. In situations where a faculty member is hired in one department and subsequently moved or deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.