Common use of REDUCTION IN FORCE (RIF Clause in Contracts

REDUCTION IN FORCE (RIF. Definitions – Displaced – A displaced person is an employee whose position has been eliminated but still has bidding rights for a position in which they are qualified. Laid off (RIF) – A laid off person is an employee who does not have a position and there are no jobs available for which they are qualified. Full Time – A person working six (6) or more hours per day five days a week. A. Bargaining unit positions shall be filled by employees of the Board who are part of the bargaining unit as defined in Article I of this Contract. Casual employees shall not be used to avoid the filling of vacancies. This provision shall not preclude the utilization of "temporary employees" who are members of the bargaining unit for replacement purposes or to accomplish short-term projects not to exceed sixty (60) days. For the duration of this contract, no employee will be laid off and have their work outsourced to non-bargaining unit persons if there is bona fide work for that employee. The Board will meet with the Association to discuss possible alternatives to outsourcing. Parent volunteers can be utilized to work on ad hoc, short term projects as long as such work does not involve access to confidential student information and does not negatively impact any bargaining unit member. B. A RIF shall be defined as a decision by the Board to reduce staff through a layoff of personnel or the failure to fill a bargaining unit position in whole or in part, including the failure to replace employees who are lost through attrition. 1. If the Board intends to reduce the hours for a current employee, the Association shall have the right to meet with the Assistant Superintendent to discuss the reduction of hours. A reduction in hours for an occupied bargaining unit position shall be considered a RIF. 2. A decision not to fill a vacancy shall be considered a RIF in which case, the following procedures shall be utilized: a. When the Board intends to eliminate a vacant position, the Superintendent shall notify the Association, in writing, within five (5) working days of its decision not to fill a vacant position. The Superintendent's notification shall include a statement of the reasons for the decision. b. After the Association receives notice of a decision to not fill a vacant position, the Association shall have the right to meet with the Superintendent or the Superintendent's designee to discuss the matter. C. When the Board determines that it is necessary due to lack of work, lack of funds, job abolishment [pursuant to O.R. C. Section 124.321 (D)], building or district consolidations, or closings or territorial changes, to reduce the number of positions in a classification within the bargaining unit, the following procedures shall be used: 1. The Superintendent shall notify and meet with representatives of the Association to discuss the needed reductions, as the needed reductions become known to him/her. (The number of reductions shall be minimized by not employing replacements, insofar as practical, for employees who resign or otherwise leave the employ of the Board.) 2. If a position in special education is abolished and/or reduced the member(s) affected shall receive displacement notice at the same time as the teacher affected, this also includes Project Assistants.

REDUCTION IN FORCE (RIF. Definitions – Displaced – A displaced person is an employee whose position has been eliminated but still has bidding rights 10.1 Because the College's staffing must be expanded and/or reduced for a position in which they are qualified. Laid off (RIF) – A laid off person is an employee who does not have a position and there are no jobs available for which they are qualified. Full Time – A person working six (6) or more hours per day five days a week. A. Bargaining unit positions shall be filled by employees of the Board who are part of the bargaining unit reasons as defined in Article I of this Contract. Casual employees shall not be used to avoid the filling of vacancies. This provision shall not preclude the utilization of "temporary employees" who are members of the bargaining unit for replacement purposes or to accomplish short-term projects not to exceed sixty (60) days. For the duration of this contract, no employee will be laid off and have their work outsourced to non-bargaining unit persons if there is bona fide work for that employee. The Board will meet with the Association to discuss possible alternatives to outsourcing. Parent volunteers can be utilized to work on ad hoc, short term projects as long as such work does not involve access to confidential student information and does not negatively impact any bargaining unit member. B. A RIF shall be defined as a decision determined by the Board to reduce staff through a layoff College including, but not necessarily limited to, fluctuations in enrollment or availability of personnel or the failure to fill a bargaining unit position in whole or in partfunding, including the failure to replace employees who are lost through attrition. 1. If the Board intends to reduce the hours for a current employee, the Association shall have the right to meet with the Assistant Superintendent to discuss the reduction of hours. A reduction in hours for an occupied bargaining unit position shall it may be considered a RIF. 2. A decision not to fill a vacancy shall be considered a RIF in which case, the following procedures shall be utilized: a. When the Board intends to eliminate a vacant position, the Superintendent shall notify the Association, in writing, within five (5) working days of its decision not to fill a vacant position. The Superintendent's notification shall include a statement of the reasons for the decision. b. After the Association receives notice of a decision to not fill a vacant position, the Association shall have the right to meet with the Superintendent or the Superintendent's designee to discuss the matter. C. When the Board determines that it is necessary due to lack of work, lack of funds, job abolishment [pursuant to O.R. C. Section 124.321 (D)], building or district consolidations, or closings or territorial changes, to reduce the number of positions employees, re-assign employees from full-time to part-time status or reduce the number of annual work days and/or hours of employees. 10.2 If a RIF necessitating either the lay-off, reduction to part-time status or reduction of the number of annual work days or hours of any employee in the bargaining unit is anticipated by the College, the College shall inform the Union and the affected employees of the anticipated lay-off or reduction in writing no less than fourteen (14) calendar days prior to the implementation of the layoff or reduction. The Union shall be provided the opportunity to submit a classification written plan to the College setting forth how the lay-off or reduction may be avoided. Such plan must be submitted no less than five (5) days after receiving the written notice from the College. If the Union does not respond within the five- (5) day period, the Union will be considered to have waived any opportunity to submit comments regarding the anticipated lay-off or reduction and will be prohibited from public criticism of the RIF. If the Union submits a plan, the College shall consider the Union’s plan before implementing the RIF/reduction or any other plan. The parties agree that in the event such notice as described above occurs at the end of a term or during any break period, excluding days when the college is closed, the days between terms or during the break shall be considered days for the purpose of this notice. 10.3 Prior to the implementation of a lay-off or reduction, the affected employee(s) will be re-assigned to another bargaining unit position(s) for which the employee(s) is (are) fully qualified as determined by CNM if such positions are available. All temporary (not including student employees) or trial period employees in the classification titles covered by this Agreement will be discharged prior to the initiation of a RIF of employees of this bargaining unit. This provision does not apply in the event CNM determines a special skill is required. 10.4 Individuals retained as employees will be selected according to competencies and skills needed to best perform the current and prospective functions of the job description. When management determines that the competencies and skills of employees necessary to meet current and prospective performance requirements are equal, the following procedures seniority will be considered in determining whether any employees are retained. 10.4.1 When a reduction-in-force occurs, part-time employees shall be used:laid- off before full-time employees. 10.4.2 The part-time employee with the least seniority as defined in Article 15, will be laid off unless the College determines in good faith that a part-time employee with less seniority but greater occupational necessity or discipline skills shall be retained. 10.4.3 Retention shall be based upon seniority within the employee’s department or Academic School that is applied to the current classification title held and the skills needed to operate the programs involved, with seniority governing when two (2) or more employees are judged to have relatively equal skills. 10.4.4 Equal skill in the affected program area shall be determined by the College. 10.5 An employee reinstated within one (1) year after lay-off or reduction to part-time status shall be entitled to seniority previously accrued during employment, all previous credit and standing granted on the pay plan for those reinstated to full-time positions and the reinstatement of unused leave balances. 10.6 A laid-off employee or an employee placed on part-time or with a reduce number of days/hours status shall be placed on a recall list for one (1) year. The Superintendent Employees shall notify and meet with representatives of the Association be reinstated to discuss the needed reductionspositions for which they are fully qualified, as determined by the needed reductions become known to him/her. (The number departments, in reverse order of reductions shall be minimized by not employing replacements, insofar as practical, for employees who resign lay-off or otherwise leave the employ of the Boardreduction.) 2. If a position in special education is abolished and/or reduced the member(s) affected shall receive displacement notice at the same time as the teacher affected, this also includes Project Assistants.

REDUCTION IN FORCE (RIF. Definitions – Displaced – A displaced person is an employee whose position has been eliminated but still has bidding rights for a position in which they are qualified. Laid off (RIF) – A laid off person is an employee who does not have a position and there are no jobs available for which they are qualified. Full Time – A person working six (6) or more hours per day five days a week. A. Bargaining unit positions shall be filled by employees of the Board who are part of the bargaining unit as defined in Article I of this Contract. Casual employees shall not be used to avoid the filling of vacancies. This provision shall not preclude the utilization of "temporary employees" who are members of the bargaining unit for replacement purposes or to accomplish short-term projects not to exceed sixty (60) days. For the duration of this contract, no employee will be laid off and have their work outsourced to non-bargaining unit persons if there is bona fide work for that employee. The Board will meet with the Association to discuss possible alternatives to outsourcing. Parent volunteers can be utilized to work on ad hoc, short term projects as long as such work does not involve access to confidential student information and does not negatively impact any bargaining unit member. B. A RIF shall be defined as a decision by the Board to reduce staff through a layoff of personnel or the failure to fill a bargaining unit position in whole or in part, including the failure to replace employees who are lost through attrition. 1. If the Board intends to reduce the hours for a current employee, the Association shall have the right to meet with the Assistant Superintendent to discuss the reduction of hours. A reduction in hours for an occupied bargaining unit position shall be considered a RIF. 2. A decision not to fill a vacancy shall be considered a RIF in which case, the following procedures shall be utilized: a. When the Board intends to eliminate a vacant position, the Superintendent shall notify the Association, in writing, within five (5) working days of its decision not to fill a vacant position. The Superintendent's notification shall include a statement of the reasons for the decision. b. After the Association receives notice of a decision to not fill a vacant position, the Association shall have the right to meet with the Superintendent or the Superintendent's designee to discuss the matter. C. When the Board determines that it is necessary due to lack of work, lack of funds, job abolishment [pursuant to O.R. C. Section 124.321 (D)], building or district consolidations, or closings or territorial changes, to reduce the number of positions in a classification within the bargaining unit, the following procedures shall be used: 1. The Superintendent shall notify and meet with representatives of the Association to discuss the needed reductions, as the needed reductions become known to him/her. (The number of reductions shall be minimized by not employing replacements, insofar as practical, for employees who resign or otherwise leave the employ of the Board.) 2. If a position in special education is abolished and/or reduced the member(s) affected shall receive displacement notice at the same time as the teacher affected, this also includes Project Assistants.

REDUCTION IN FORCE (RIF. Definitions – Displaced – A displaced person The following procedure shall be used when reduction in force is necessary: 1. The Office of the Associate Superintendent for Human Resources shall keep an employee official listing of all District Employees by seniority. (a) Seniority shall be based on official date of employment and current continuous service only in a Bargaining Unit Position in the District. Seniority for RIF purposes shall be defined as the total number of continuous years as an Employee in District #60 (includes service in districts later absorbed by Community Unit District #60 of Lake County). Seniority shall also be granted for continuous non-bargaining unit work in District #60, but each such year served shall count as one-half (1/2) year of service, and, in any case, no more than a net of ten (10) such years shall be granted. (b) Seniority shall be retained during an approved leave of absence. Upon return from leave of absence, an Employee’s seniority shall be the same as at the start of the leave. 2. When the Board of Education approves the elimination of a position, the Employee in that position must be given thirty (30) calendar days’ notice. (a) That Employee shall be allowed to assume a District Bargaining Unit Position of an Employee who is at the bottom of the seniority list. If more than one (1) position is eliminated (i.e., three [3]) that same number of positions at the bottom of the seniority list may be assumed. Of the Employees whose positions have been eliminated, the Employee with the most seniority shall have first choice of positions available. (b) The Employee whose position has been eliminated but still shall be allowed a one (1) week period of time to select a new position. (c) The Office of the Associate Superintendent for Human Resources and/or principal or immediate supervisor shall determine if the applicant for the position is qualified. 3. The Employee whose position has bidding rights been eliminated and has been approved for an alternate position in the District shall not suffer a decrease in salary due to this change. Employees changing from twelve (12) month to ten (10) month positions because of RIF shall receive vacation pay benefits prorated to a maximum of two (2) weeks only for a one (1) year period following the change. The one (1) year maximum is effective for Employees RIF’d on or after July 1, 2001. 4. Options of an Employee whose position has been eliminated: (a) Eligible for unemployment in which they are qualified. Laid off (RIF) – A laid off person is an employee who does not have addition to placement on a position and there are no jobs waiting list for notification if positions become available for which they are qualifieda period of one (1) year, with recall rights by seniority. Full Time – A person working six (6) or more hours per day five days a week. A. Bargaining unit positions shall be filled by employees of the Board who are part of the bargaining unit as defined in Article I of this Contract. Casual employees shall not be used to avoid the filling of vacancies. This provision shall not preclude the utilization of "temporary employees" who are members of the bargaining unit for replacement purposes or to accomplish short-term projects not to exceed sixty (60) days. For the duration of this contract, no employee will be laid off and have their work outsourced to non-bargaining unit persons if there is bona fide work for that employee. The Board will meet with the Association to discuss possible alternatives to outsourcing. Parent volunteers can be utilized to work on ad hoc, short term projects as long as such work does not involve access to confidential student information and does not negatively impact any bargaining unit member. B. A RIF shall be defined as a decision by the Board to reduce staff through a layoff of personnel or the failure to fill a bargaining unit position in whole or in part, including the failure to replace employees who are lost through attrition. 1. If the Board intends to reduce the hours for a current employee, the Association shall have the right to meet with the Assistant Superintendent to discuss the reduction of hours. A reduction in hours for an occupied No bargaining unit position shall be considered posted while a RIFrecall list exists. 2. A decision not to fill a vacancy shall be considered a RIF in which case, the following procedures shall be utilized: a. When the Board intends to eliminate a vacant position, the Superintendent shall notify the Association, in writing, within five (5b) working days of its decision not to fill a vacant position. The Superintendent's notification shall include a statement of the reasons for the decisionRetirement if eligible. b. After the Association receives notice of a decision to not fill a vacant position, the Association shall have the right to meet with the Superintendent or the Superintendent's designee to discuss the matter(c) Early retirement if eligible. C. When the Board determines that it is necessary due to lack of work, lack of funds, job abolishment [pursuant to O.R. C. Section 124.321 (D)], building or district consolidations, or closings or territorial changes, to reduce the number of positions in a classification within the bargaining unit, the following procedures shall be used: 1. The Superintendent shall notify and meet with representatives of the Association to discuss the needed reductions, as the needed reductions become known to him/her. (The number of reductions shall be minimized by not employing replacements, insofar as practical, for employees who resign or otherwise leave the employ of the Board.) 25. If a position in special education RIF’d Bargaining Unit Member is abolished and/or reduced rehired within one (1) year of termination, it shall be without loss of seniority, fringe benefits, accumulated sick leave, vacation entitlement, and longevity pay and shall return to work at a rate of pay based upon the member(s) affected shall receive displacement notice at the same time as the teacher affected, this also includes Project Assistantsnew job category and years of experience. 6. A RIF’d Bargaining Unit Member who has maintained continuous insurance coverage will not have to prove insurability upon reinstatement.