REDUCTION IN FORCE Clause Samples
A Reduction in Force clause outlines the procedures and rights of both the employer and employees when the employer needs to eliminate positions due to business needs, such as restructuring or financial constraints. This clause typically details the criteria for selecting which positions will be affected, the notice period required, and any severance or benefits that may be provided to impacted employees. Its core practical function is to provide a clear and fair process for workforce downsizing, minimizing legal risks and ensuring transparency during organizational changes.
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REDUCTION IN FORCE. A. Seniority shall be defined as the continuous service or employment as a teacher in the District, beginning with the first date the teacher reported for duty as a regular teacher. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on the adopted salary schedule. Continuous employment for the purpose of this section shall include:
1. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions in teaching staff shall be made by the Board for the following reasons:
1. Decrease in pupil enrollment.
2. Suspension of schools or territorial changes affecting the school district.
3. Return to duty of a regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice is given to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the Superintendent shall sign applications for certification/licensure submitted by teachers in those potentially affected areas, when such applications meet the criteria established by the State Department of Education for certification/licensure. The application will be signed on a yearly basis as long as the teacher continues to make satisfactory progress toward permanent certification/licensure.
5. Financial reasons.
D. The Superintendent shall meet with representatives of the Association by April 30 to discuss the possible effects, resulting from the issuance of temporary certification/licensure, upon other members of the bargaining unit with regard to rights or RIF. The intent of this language is to allow members of the bargaining unit, who may be directly or indirectly affected by the elimination or reduction of courses of study, ample time ...
REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classification.
1. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner:
a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTE. The seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments.
2. Should there be a position completely eliminated, the following will take place:
a. District seniority, rather than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the District.
b. When it becomes necessary to implement a reduction in force, the following procedure shall be observed:
i. Temporary employees in the affected job classification(s) will be removed first.
ii. Probationary employees in the affected job classification(s) will be removed next.
iii. The regular employee(s) in the affected job classification(s) with the least seniority will be removed next.
iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hers, within the department, according to the reverse order of job progression.
v. A regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can perform.
c. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice.
d. Any regular employee displace...
REDUCTION IN FORCE. 8.1 In the event it is necessary to have a reduction in staff, the SUPERINTENDENT, in accordance with the provisions set forth in this article, shall determine which EMPLOYEES are to be retained. In the event of layoff, the order of reduction shallbe:
8.1.1 PROBATIONARY employees within the job classification shall be laid off first.
8.1.2 Full-time regular (non-probationary) EMPLOYEES shall be laid off in the inverse order of seniority within the job classification.
8.2 The UNION and the EMPLOYEES shall be given written notice of layoff at least thirty (30) calendar days prior to the date of the layoff.
8.3 EMPLOYEEs who previously held another position within the bargaining unit may request, in writing, within five (5) business days of notification to the Reduction in Force and shall be given the opportunity to bump back into that position provided their seniority allows and they meet the minimum requirements for the position.
8.4 The EMPLOYEE with the most seniority in the job classification held at the time of lay off will be called back first. All EMPLOYEES who have been laid off shall have the right of written recall within their job classification for a period of twelve (12) months from the date oflayoff.
8.4.1 When Bus Drivers/Bus Attendants are laid off due to a Reduction in Force, the riffed EMPLOYEE(s) may move to the substitute pool. The riffed EMPLOYEE shall have the right of first refusal to any substitute assignment in their job classification. If the riffed EMPLOYEE fails to accept three (3) substitute assignments in their job classification, the EMPLOYEE will lose his / her first refusal right but will retain the right of recall.
8.5 An EMPLOYEE's failure to respond affirmatively within twenty-one (21) calendar days from the postmark date of the District's letter, sent by Certified Mail, to the EMPLOYEE's address on file in the Human Resources Office shall result in termination of the EMPLOYEE's rights of recall.
8.6 The SUPERINTENDENT agrees that no new EMPLOYEES shall be hired in any job classification as long as there are EMPLOYEES on layoff in that classification who have recall rights unless a sufficient number of positions exist to employ those with recall rights and new EMPLOYEES, thus guaranteeing that EMPLOYEES on layoff have a position available. When hiring new part- time employees in a RIF'd classification under this agreement, a RIF'd EMPLOYEE will be given first right of refusal to the part time position in their classificati...
REDUCTION IN FORCE. When the Board of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:
1. To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for employees who retire, resign, or whose limited contracts are not renewed for reasons other than reduction in force. Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in the bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. This list will be provided to the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a current certificate/license. Seniority rights for the purpose of reduction in force only exist after equivalent evaluations.
c). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The date of the Board meeting at which the bargaining unit member was hired, and then by;
2. The date the bargaining unit member signed his initial contract in the district;
3. The date on which the bargaining unit member submitted the first completed job application within the two year period preceding the effective date of the teacher's first teaching contract with the Board of Education, if the date is available;
4. If any ties remain after (a), (b), and (c), they will be broken by lot.
3. The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be placed on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
a). No new teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for the vacancy;
b). Bargaining unit members on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs...
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 lis...
REDUCTION IN FORCE. Section 1
REDUCTION IN FORCE. It is understood and agreed that in addition to the above designated and related duties, full-time professional staff shall participate fully in the activities of institutional councils and/or committees. The employment status of the Employee shall be as follows: Executive/Managerial Appointment , not subject to tenure. Professional/Managerial Appointment , not subject to tenure. Other conditions of Employment:
REDUCTION IN FORCE. 15.1 It is understood by the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is unders...
REDUCTION IN FORCE. A. A reduction in force is defined as the involuntary elimination of a regular nurse’s position or an involuntary reduction of a regular nurse’s scheduled hours or shifts.
B. For purposes of this article, “qualified” means that the nurse is able to be precepted on site at the Medical Center up to six weeks of assuming the new role or position.
REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.