Common use of REDUCTION IN FORCE Clause in Contracts

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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 7 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 8.01 Reduction-in-force for the reasons set forth in force O.R.C. 3319.17 as it exists on the date this Contract is ratified by the parties – i.e., return to duty of regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, financial reasons, or decreased enrollment of students in the District – shall be made within affected teaching areas based upon the Superintendent’s recommendation. The Superintendent’s recommendation as to which contracts shall be suspended shall be based upon the following: A. All bargaining unit members will be recognized when placed on a seniority list for each teaching field for which they are properly certificated/licensed. Employees serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Employees serving under limited contracts will be placed on the list below continuing contract employees, also in descending order of seniority. B. Recommendations for reductions in a teaching field will be made by selecting the lowest person on the seniority list in the affected employee’s area(s) of certification/licensure among all employees receiving a “comparable” summative evaluation rating. In determining the summative evaluation rating that will be utilized for purposes of this Article, the Superintendent will average the employees’ three most recent summative evaluation ratings (working off the numerical value of the assigned summative rating). If an employee does not have three summative evaluation ratings, the Superintendent will either utilize the one rating available if the teacher has only been in the District one year, or average the two ratings available if the teacher has been in the District for only two years. A teacher without a full position is eliminated or summative evaluation rating (i.e., a reduction in FTE within a job classificationfirst-year teacher if the RIF will occur prior to the end of the school year) shall be the first to have his/her contract suspended. In making his/her recommendations, the Superintendent must first reduce bargaining unit members on limited contracts and then bargaining unit members on continuing contracts. 1. Should there Employees with limited contracts will be an FTE reduction that does not result reduced utilizing the following order: a. Certification/Licensure within the affected teaching field. b. Comparable evaluations as defined below. c. When evaluations are “comparable,” seniority in a position being eliminatedthe District shall prevail, with the contract of the least senior regular limited contract 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, affected teaching field being the least senior regular employee within the job classification at the school/department being reduced in FTE will first to 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 assignmentssuspended. 2. Should there be a position completely eliminated, the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing necessary reduction of bargaining unit member positions exceed 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 limited contract employees in the affected job classification(steaching field, continuing contract employees shall be reduced utilizing the following order. a. Certification/Licensure within the affected teaching field. b. Comparable evaluations as defined below. c. When evaluations are “comparable,” seniority in the District shall prevail, with the contract of the least senior continuing contract employee in the affected teaching field being the first to be suspended. 3. Comparable Evaluations: Suspension of bargaining unit members, and recall of eligible bargaining unit members whose contracts have been suspended pursuant to a RIF, will not be based upon seniority, except in circumstances when choosing between employees with “comparable” holistic teacher performance ratings. The application of the term “comparable” as applied to teacher evaluations shall be based on the following: For the term of this Contract, “comparable holistic teacher performance ratings” is defined as the average of the employee’s three most recent OTES evaluations in the District (if an employee has fewer than three OTES evaluations in the District, it is the average of the employee’s OTES evaluations in the District) such that: a. For employees with limited contracts: i. All employees rated “Ineffective” on their holistic teacher performance rating will be removed firstconsidered to be “comparable” to each other. ii. Probationary All employees in the affected job classification(s) rated “Developing” on their holistic teacher performance rating will be removed nextconsidered to be “comparable” to each other. iii. The regular employee(s) in the affected job classification(s) with the least seniority All employees rated “Skilled” on their holistic teacher performance rating will be removed nextconsidered to be “comparable” to each other. iv. A regular employee removed under clause All employees rated cAccomplishedon their holistic teacher performance rating will be considered “comparable” to each other. b. For employees with continuing contracts: i. All employees rated “Ineffective” on their holistic teacher performance rating will be considered to be “comparable” to each other. ii. All employees rated “Developing” on their holistic teacher performance rating will be considered to be “comparable” to each other. iii. All employees rated “Skilled” or “Accomplished” on their holistic teacher performance rating will be considered “comparable” to each other. C. Limited contract employees whose contracts are suspended shall be placed on a recall list for a period of twenty-four (24) months and shall have the right to restoration to service status as set forth above when bargaining unit positions become available for which they are qualified. Continuing contract employees shall remain on the recall list indefinitely. Employees with continuing contracts shall be given preference over limited contract employees on the recall list. 8.02 If the Board is contemplating the layoff of any bargaining unit members, it will displace so notify the employee with Association at least thirty (30) days before the least seniority proposed effective date of the layoff. Such notice will be in writing and will include the job classification at or below his/hersspecific positions to be affected, within the departmentproposed time schedule, according and the reasons for the proposed action. The Association shall contact the Superintendent to schedule a meeting to discuss the proposed reduction-in- force. The Administration will make available to the reverse order Association, at Board expense, all relevant data. Any bargaining unit member who is to be laid-off will be so notified in writing at least fifteen (15) days before the effective date of job progression. v. A regular employee who cannot displace another employee in the layoff. Such notice will include the proposed time schedule and the reason for the proposed action. If the Board is considering a reduction-in-force that will take place at the start of the following school year, the Board will notify the Association of the potential for a reduction-in-force prior to the end of the school year. The affected employees shall be notified as soon as possible after the Board acts on the Superintendent’s recommendation; however, the Superintendent shall hold-off making his/her own department under “d” abovespecific recommendations until the summative evaluation rating is calculated for the concluding school year. Nothing herein shall prevent the Board from conducting a reduction-in-force at times other than the start of a school year. 8.03 For purposes of this Article, because heseniority shall mean the length of continuous employment in a bargaining unit position as follows: A. Seniority shall begin to accrue from the first day worked in a bargaining unit position. B. Seniority shall accrue for all time an employee is on active pay status or is receiving workers’ compensation benefits. C. Time spent on inactive pay status (unpaid leave or layoff) shall not contribute to the accrual of seniority but shall not constitute a break in seniority. D. Employees’ seniority shall be determined based upon his/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority her length of continuous contracted service as a teacher in the District whose job he/she can performas reflected in STRS’s records. The exclusions set forth in Article 1.01(B) apply (i.e., service as a substitute does not count toward seniority). c. A regular E. No employee displaced from his/her job classification under this procedure will receive a minimum shall accrue more than one (1) year of thirty days noticeseniority in any work year. d. Any regular F. No employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is working in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose position classified as auxiliary services shall accrue seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event for purposes of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in reduction-in-force.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Employment Agreement

REDUCTION IN FORCE. A 1401 Reduction in Force Reasons Whenever, by reason of lack of funds, decreased enrollment, return of employees from an authorized leave of absence, lack of work or the abolishment of positions, the Board may make 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 : 1402 Elimination of Substitutes Reduction shall be accomplished first by resignation and probationary employees have been reducedretirement. If no bargaining unit members are scheduled to retire or resign at the time of the reduction, the least senior regular employee Board shall, within the each job classification at affected, suspend the school/department being reduced contracts first of members on limited contracts in FTE will be reverse order of their classification seniority and then on continuing contracts members in reverse order of their classification seniority. 1403 Displacement A bargaining member who is laid-off shall have the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least a member with less District seniority in another classification. A member who elects to displace a less senior employee within the member in another job classification that holds must have all of the FTE qualifications necessary to successfully perform all of the more senior employee had before work in the school/department was reduced in FTEposition into which they are bumping. When a bargaining unit member bumps into another position the member shall be placed on the first step of their pay range which will provide the member with an equivalent rate of pay to the position they formally held or at the rate for the new classification which is closest to the employee's former rate. 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 observedused: 1. There will be an annual reminder sent to all employees to update their personnel files with any new education or experience which may affect their qualifications for other positions in the district. A. The Board shall determine which positions will be eliminated. B. Five (5) business days prior to notifying any employees, the Superintendent will notify the Union President. C. The Board will determine the most senior of those employees affected by the layoff. D. The Superintendent will send one of two (2) possible letters to everyone with less seniority than the most senior affected employee: i. Temporary employees A letter informing the employee that his/her position has been selected for elimination and informing the employee that he/she must notify the Superintendent within seven (7) calendar days whether or not the employee wishes to exercise his/her displacement rights and indicating those classifications/positions the employee feels he/she is qualified (in accordance with Section 1403 of the affected job classification(scollective bargaining agreement) will be removed firstto fill. ii. Probationary employees A letter informing the employee that his/her position may be affected by a reduction in force (i.e., a more senior qualified employee may displace the affected job classification(semployee) and informing the employee that he/she must notify the Superintendent within seven (7) calendar days whether or not the employee wishes to exercise his/her displacement rights and indicating those classifications/positions the employee feels he/she is qualified (in accordance with Section 1403 of the collective bargaining agreement) to fill. E. The Superintendent will interview everyone who has expressed interest in a position that the employee may not be qualified to fill. If the employee's personnel file indicates that the employee is qualified for the selected classifications, no interview will take place. F. The Superintendent will notify any employee that he/she deems not qualified to fill a position. i. The employee may challenge the Superintendent's determination within seven (7) calendar days. ii. All challenges will be removed nextprocessed to expedited arbitration within ten (10) days from the date the last challenge should have been received. iii. The regular employee(s) in the affected job classification(s) with the least seniority G. There will be removed next. ivone meeting that all potentially affected employees will attend. A regular Each employee removed under clause “c” above will displace be permitted to select his/her displacement option, if any, in order of seniority. 1404 Recall List/Rights/Procedure The names of members whose contracts are suspended due to the employee with the least seniority reduction in force shall be placed on a recall list in the job classification at in which they were laid off. Such members shall retain recall status for a period of twenty-four (24) months. Members on the recall list have the following rights. A. No bargaining unit classification or below his/hersposition shall be filled by any person not a member of the bargaining unit while there are laid off bargaining unit employees on the recall list in that job classification or position. As long as there is a recall list for any classification, within the departmentBoard will notify each employee on a recall list of any vacancies interested employees must make the Board aware of their qualifications for the vacancy. Qualified employees will be recalled to vacant positions in order of seniority. Refusal of reinstatement to any less position will not terminate the recall status of the member. B. Bargaining unit members who are laid off shall be recalled as positions in their job classification become vacant. Members who are on the recall list shall be recalled in the order of their system seniority, according to the i.e., reverse order of job progressionlayoff. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 4 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

REDUCTION IN FORCE. A 7.1 Employees laid off because of closing of buildings, abolition of position, lack of work or funds may regress through the classifications in the similar position or classification for which he/she is qualified if the laid off employee’s seniority exceeds that of the employee in the classification in that position. The displaced employee shall be, in turn, able to displace any less senior employee in the classification; this process may continue in the classification until the least senior employee is displaced. Seniority shall be as defined in Section 6.5. 7.2 If an employee is unable to displace an employee within his/her classification, he/she may bump an employee in another classification on the basis of seniority, provided that the employee has the necessary qualifications as determined by the Superintendent. Any determination by the Superintendent as to qualifications shall not be made arbitrarily or capriciously. 7.3 As an alternate lay off method, should an employee’s hours be reduced below the level of hours posted in the employee’s last successful bid(s), the employee may displace any less senior employee(s) whose position(s) he/she is qualified to perform, as determined by the Superintendent, and whose hours will have the least effect upon the displaced employee. Any determination by the Superintendent as to qualifications shall not be made arbitrarily or capriciously. Any employee bumped or displaced by another reduced employee shall have the same rights to displace another employee in accordance with the procedure set forth in this Article. 7.4 Employees, laid off shall be reinstated to employment in positions for which they are qualified when these positions become vacant after the procedure outlined in Article 6 has been exhausted. Employees with the highest seniority date of continuous employment shall first be reinstated to employment. Employees laid-off pursuant to these provisions shall remain on the recall list for a period of two (2) years. 7.5 Substitute employees shall not accumulate seniority and are not considered as either regular full-time or regular part-time employees. 7.6 The number of employees subject to reduction in force will be recognized when either minimized, insofar as is practical, by not employing replacements for employees who resign, retire or otherwise vacate a full position is eliminated or a reduction in FTE within a job classificationposition. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 10.01 When the Board determines it is necessary to reduce the number of bargaining unit positions, the procedures and principles set forth in force R.C. 3319.172 will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationutilized. 1. Should there 10.02 The following classifications shall be an FTE reduction that does not result used for the purpose of defining pay classifications in the event of a position being eliminatedlayoff: Custodian Head Custodian Groundskeeper Maintenance 10.03 Within each classification affected, the least senior regular employee within the job classification employees 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 reducedlaid off by classification seniority, 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 with the least senior employee within laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board in a particular job classification that holds computed from the FTE latest date of hire or appointment to their present classification. Authorized leaves of absence do not constitute an interruption in continuous service, however, unpaid leaves shall not count towards seniority. In the more senior employee had before case of identical seniority, then the school/department was reduced in FTElast four (4) digits of the employee’s social security number will be used. The seniority impact highest number when read as a whole number would continue until only then be the last most 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 assignmentsemployee. 2. Should there be 10.04 A bargaining unit member who is laid off has the right to "bump" a position completely eliminatedless senior bargaining unit member in another classification, based on system seniority (defined as the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number employee’s uninterrupted length 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) service 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/hersBoard), 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 provided he/she does not have sufficient seniority or is qualified for the qualifications to perform position and has performed such job-related duties. In the case of 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedureabolishment, an employee may bump a less senior employee in the same classification. In all cases, a bumped employee may bump a less senior employee in the same classification (if any) according to the same process as in the preceding sentences, or bump a less senior employee (if any) in another classification, provided he/she is qualified for the position and has previously worked in the other classification. An employee may not acquire additional work bump into a position that would result in a promotion (i.e., more hours in displacing another employeeor higher hourly rate). i. 10.05 Ten (10) days prior to the effective date of lay-offs, the Board shall prepare and post, for inspection, in a conspicuous place, a list containing the names, seniority dates and classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the lay-off. Each notice of lay-off shall state the following: (a) Reasons for the lay-off or reductions. (b) The effective date of lay-off. (c) A statement advising the employee of his/her rights of reinstatement from the lay-off. 10.06 An employee whose name appears on the RIF list shall be offered re-employment in order of system seniority does not permit him/her to remain at work under when a position in the provisions of this procedure will be bargaining unit becomes available that the laid off from employee has previously held. Written notice of such vacancy shall be sent by certified mail to the District. j. In employee’s last known address. If the event of a substantial layoffemployee fails to accept re-employment, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.writing, post-marked within ten

Appears in 4 contracts

Sources: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. A A. In the event 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 Police Management Unit becomes necessary in order to meet the budget reduction requirements, 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 appropriate number of Sergeant/Civilian Supervisors with twelve (12) months or less service as a Sergeant/Civilian Supervisor who were promoted from within the job classification at the school/department being reduced in FTE will be the employee impacted at that school/departmentPolice Department shall exercise their reversion rights. 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 affected employee(s) are impacted. No further reductions will occur outside who, by an exercise 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, displaces a less senior employee shall prevail when reducing be compensated at the number step in the new classification equal to or closest to his/her present step rate of employees within a department or pay provided that no increase in laying off employees from the District. b. When it becomes necessary gross pay results. Prior to Management’s decision to implement a any further reduction in force, the District agrees to meet and discuss with the Association alternative methods to accomplish necessary budget reductions in lieu of further lay-offs. B. The effective date and duration of any reduction in force or alternative budget reduction solutions shall be determined by Management. However, each succeeding fiscal year the BPMA reserves the right to meet and discuss with the District the continued implementation of prior alternative budget reduction solutions. C. In the event a reduction in force becomes necessary, the following procedure shall be observedapply: i. Temporary employees 1. An employee shall be ranked by classification grouping in accordance with his/her appointment to the specific classification. Groupings in descending order are: Police Lieutenant Police Sergeant/Civilian Police Supervisor CAD/RMS Administrator 2. Position reductions within classification groupings shall be in inverse classification seniority order with the least senior employee appointed to the classification affected job classification(s) will be removed first. ii3. Probationary employees in the An affected job classification(s) will employee shall 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order allowed to displace another a less senior employee as provided in section 2 above, within any descending classification grouping by an exercise of department seniority providing such displacing employee must have more seniority than the employee he/she displaces and must be is fully qualified to perform the job functional tasks of the displaced employee. No training other than familiarization/orientation shall be conducted by the District. An employee failing to qualify after displacing a lesser senior employee by an exercise of seniority shall be laid off. 4. An employee who by an exercise of department seniority displaces a less senior employee shall be compensated at the step in the classification equal to or closest to his/her present step rate of pay in effect at the time of the reduction in force provided that no increase in gross pay results. Recall rights cease eighteen (18) months subsequent to the date the employee was laid off. 5. An employee laid off by the District by the above reduction in force procedure shall be recalled in accordance with department seniority to a position which he/she displacesis qualified to perform. The determination Recall shall be by certified mail, return receipt requested. Failure to indicate reinstatement intentions within five (5) working days of qualifications rests solely with delivery of the recall letter shall be considered as a voluntary resignation and such employee shall be terminated by the District. An employee who fails to return to work within ten (10) additional working days for reasons other than temporary physical disability as certified by a physician shall be terminated in a like manner. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. 6. An employee whose seniority does not permit him/her last holding a position of higher rank shall have first opportunity, by classification seniority, to remain at work under revert to a position classification formerly held whether such employee is temporarily displaced within the provisions of this procedure will be laid off department or separated from the DistrictDistrict through voluntary layoff. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A The following procedures shall govern the reduction of staff made necessary through decreases in force will student enrollment, changes in instruction, shortage of funds, or other reasons identified by the Board and the Administration of the Bedford City School District. Such procedures shall be recognized when either a full position is eliminated or a reduction in FTE within a job classificationcompliance with state and federal laws relating to employment decisions and equal employment opportunities. 1. Should A. If there is to 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 OAPSE President and each affected employee shall be observednotified in writing at least thirty (30) calendar days prior to the layoff with: i. Temporary 1. The reason for the reduction; 2. The effective date of the reduction; 3. Advice as to replacement positions available; and 4. Notification of any COBRA rights. B. The number of people affected by a reduction shall be kept to a minimum by not employing replacements, insofar as practical, for employees who resign, retire, or otherwise vacate a position. C. For purposes of RIF, seniority shall be defined as the uninterrupted length of service from the first day of work as a member of the bargaining unit. In the event of a tie, the following tie-breakers will be used: a.) substitute work for the Bedford School District, b.) flip of a coin. For employees holding two (2) positions simultaneously, seniority shall be calculated separately for each assignment. D. If the person being reduced is the least senior employee in that group, he/she may bump the least senior employee in the next lowest group within the same classification closest in assigned hours to those held at the time of layoff. Bumping proceeds downward, not upward, among groups. Bumping shall occur only within the appropriate classification. (See section K.) E. If an affected job classification(s) employee is the last on the seniority list in a group when bumped, and this employee cannot qualify within another lower group, then layoff will be removed first. iioccur. Probationary employees If an affected employee in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) with an eliminated position, or one who has been bumped, does not choose to bump 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 senior employee in his/her own department group or in a lower group, layoff will occur. The employee who is bumped has the right to bump the least senior employee under “d” abovethe same procedure. (See section K.) F. After exhausting bumping rights within their classification, because heemployees will be permitted to bump into a classification previously worked, if qualified. The employee bumping into the previously held position shall have reasonable time to comply with any changes in federal law, state law and/or Board policies/she does not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace descriptions. Bumping into a lower paying classification shall automatically place the employee with on the least seniority in same salary step of the District whose job he/she can perform.new classification. (See section K.) c. A regular G. Bumping into a lower paying group shall automatically place the employee displaced from on his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job present step of the employee he/she displacesnew group. The determination of qualifications rests solely with the District.(See section K.) g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such H. When a reduction in forceforce takes effect for a 12-month (260 day) employee, insurance coverage will be continued for that month and the following month. When a reduction in force takes effect for a less than 12-month (260 day) employee, insurance benefits will be continued until accrued benefits are exhausted.

Appears in 3 contracts

Sources: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a full Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is eliminated or reduced and/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 Reduction In Force takes 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 observedwill apply: i. Temporary employees in the affected job classification(s(a) will be removed first. ii. Probationary employees in the affected job classification(s) will be removed next. iii. The All temporary and 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will part-time would be laid off from first. Employees that are serving the Districttwelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. j. In (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position for which they previously held within the event CITY. (c) Regular employees who, as a result of a substantial layoffReduction In Force, the District will meet with the representatives are placed into previously held classification may be subject to a training period of the BVCEA in an effort up to resolve issues related to such a reduction in force.six

Appears in 3 contracts

Sources: Supervisors Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A It is understood between the parties that budget reductions and program changes may cause separations and/or reductions of hours affecting classes represented by PDOCC. The practice privileges of any represented employee shall not be affected by reduction in force will force. The following procedures shall be recognized when either a full position is eliminated or a reduction in FTE within a job classificationfollowed. 1. Should there Represented classifications are as follows (hereinafter referred to as “PDOCC Classifications”) in this Section: • Primary Care Provider • Primary Care Provider – Limited • Ambulatory Care Provider • Dentist • Emergency Medicine • Hospitalist • OB/GYN – Full Spectrum • OB/GYN – FM – Adv. OB • Optometrist • Oral Surgeon • Pathologist • Pediatrician – Ambulatory • Pediatrician – Hospital • Psychiatrist – Adult • Psychiatrist – Pediatric • Psychiatrist – PES/Detention • Resident I • Resident II • Resident III 2. An employee’s seniority for layoff and displacement purposes shall be determined by the date of hire into an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the existing or previous PDOCC-represented job classification will be with the County. 3. It is management’s decision whether or not to have a reduction in force and the decision is not subject to an FTE reductionthe grievance procedure. 4. Throughout BVSD Once management has determined the need for a reduction in FTE force, it is management’s decision which PDOCC Classification(s) to reduce and by how much to reduce each PDOCC Classification(s). However, management agrees to meet and confer over the effects and impacts of its decisions prior to implementation. This section is not subject to the grievance procedure. 5. Reductions 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 by eliminating the least senior employee within the based on date of hire into an existing or previous PDOCC-represented job classification that holds with the FTE County until management has completed the more senior desired reduction. Displacement shall be subject to the employee had before meeting medical staff minimum qualifications for the schoolclassification into which the employee bumps. An employee may only bump into a PDOCC-represented classification to which she/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 assignmentshe previously held. 26. 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 an employee have his/her hours reduced or in laying off employees from the District. b. When it becomes necessary eliminated due to implement a reduction in force, the following procedure shall employee has the right to be observed: i. Temporary employees in the affected job classification(srehired back within four (4) 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 years of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” above, because layoff date to perform the work of the PDOCC Classification they previously had before anyone new is employed in that PDOCC Classification. The employee seeking rehire must have maintained current competence and be eligible for basic unrestricted privileges necessary to perform the typical work of the PDOCC Classification to which he/she does desires to be rehired. 7. Employees who voluntarily leave employment do not have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority rehire rights as outlined in the District whose job he/she can perform#6 above. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with 8. Temporary employees and Locums Tenens working in classifications and areas that the job. f. In order County intends to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work lay off or reduce hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort or given notice to resolve issues related stop working before any PDOCC member is laid off or has his/her hours reduced due to such a reduction in force. 9. The County will provide PDOCC and any PDOCC members who, as a result of a workforce reduction, would suffer layoff or hours reduction with sixty (60) calendar days’ notice of layoff or hours reduction. If the affected member could “bump” (see item 5 above), the member would have fourteen (14) calendar days to notify the County of this intention. The County would then give sixty (60) calendar days notice to PDOCC and to the member who was “bumped”. If the provisions in Items 10 and 11 above applied, this cycle would repeat until reduction in force had been accomplished. 10. Seniority is maintained for any employee who has a break in service of less than two

Appears in 3 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

REDUCTION IN FORCE. A In the event of a need to reduce the number of support personnel due to lack of funds, unforeseen emergencies, and lower enrollment, the reduction in force (RIF) procedure will be recognized as follows: 1. Normal attrition throughout the District 2. If normal attrition does not sufficiently reduce the support personnel staff, seniority will be the determining factor in reduction or work force. Seniority will be computed from the first day as an employee in the ▇▇▇▇▇▇▇▇ School system. Seniority shall be defined as uninterrupted employment from the first day of work for all support personnel, with the exception of part time employees whose hours will be figured. 3. For the purpose of this provision, all employees shall be placed in one of the following classifications based on their current assignments: a. Teacher Assistant b. Bookkeeper/Cashier c. Bus Driver d. Cafeteria e. Custodial f. Custodian/Bus Driver g. Maintenance h. Secretary (office) i. Administrative Secretary j. Secretary Assistant k. Mechanic (General) l. Mechanic Assistant 4. The employer shall prepare, maintain, and post the seniority list. The initial seniority list shall be prepared and posted conspicuously in all buildings of the District after the effective date of the agreement with revisions and updates prepared and posted semi-annually thereafter. 5. An employee working more than one classification shall be placed on all appropriate seniority lists 6. State and Federal programs and statutes shall be observed where applicable for specifically funded programs. Except when either a full position is eliminated or prohibited, all employees shall receive seniority rights as provided in this agreement. 7. In the event of a reduction in FTE within a job classificationforce (RIF) a. The employer shall identify the specific position to be eliminated and shall notify, at least thirty (30) days prior to the effective date of any layoff, the employee in that position. 18. Should there be an FTE reduction that does not result in a position being eliminated, In 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 event 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 work hours 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 a department, according to the reverse order of job progression. v. A regular an employee who cannot displace may claim seniority over another employee in for the purpose of maintaining his/her own department under “d” abovenormal work schedule, because provided 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more has greater departmental seniority than the employee he/she displaces seeks to replace. In no case shall a reduction of any employee’s work hours take effect until the employer gives ten (10) working days written notice to the affected employee(s). a. Obligation with respect to re-employment: Employees will be considered for recall following reduction in force according to their qualifications and must be qualified seniority. If qualifications are equal, the recall will occur in reverse order to perform the job of reduction. The Board shall strive to return the employee he/she displaces. The determination of qualifications rests solely with to the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her position held prior to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceforce or to a substantially equivalent position.

Appears in 3 contracts

Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. Criteria for Eliminating Positions A. When the decision is made to reduce staff, the Board may exclude positions to guarantee meeting the needs of the students and the needs of programs of the district. B. Prior to making a recommendation to the Board related to sections A reduction in force above, the administration shall meet with the Association to discuss the proposed recommendations for excluded positions. Once a determination has been made as to which positions should be eliminated, then the basis that will be recognized when either a full position is eliminated or a reduction used in FTE within a job classification.determining which teachers to retain in the in the affected position(s) will be the composite evaluation rating of the teachers holding such positions as measured by the District’s Teacher and Leader Effectiveness System (TLE) for each year in which the TLE has been in effect. If the composite ratings of the teachers in the affected positions are the same, then the following, in this order, shall be considered: 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 Seniority in the following manner: a. After temporary and probationary employees have been reduceddistrict established from the first reporting date to work, the least senior regular employee within the job classification at the school/department being reduced in FTE will be the employee impacted at with continuous service from 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 assignmentsdate. 2. Should there Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, minor endorsement on provisional. 4. certificate and number of college credit hours in the area of teaching assignment as evidenced by position on the teacher salary schedule.) 5. A lot drawing by the District in the presence of an authorized representative of the Association. Only those teachers who have an average three-year ranking of “effective” or above will be given bumping rights. If three years of rankings are not available, the district will use an average of available years. In order to bump, a teacher must be certified in the position they seek to move into and must meet all state and federal requirements necessary to hold that position. In the event a teacher eliminated through RIF is certified to hold a position completely other than the one being eliminated, said teacher may bump another teacher in that position, as long as the following will take placeteacher has seniority over that person and has an average composite ranking score that is greater than the other teacher. If the composite rating of the teachers in the affected positions is the same then the following, in this order, shall control bumping: a. District seniority1. Seniority in the district established from the first reporting date to work, rather than departmental senioritywith continuous service from that date. 2. Total years of teaching service. 3. Level of preparation in certificated area of teaching (following a high to low priority order of: major endorsement on standard certificate, shall prevail when reducing the minor endorsement on provisional certificate and number of employees within a department or college credit hours in laying off employees from the Districtarea of teaching assignment as evidenced by position on the teacher salary schedule.) b. When it becomes necessary to implement 4. A lot drawing by the District in the presence of an authorized representative of the Association. Teachers who are released because of a reduction in force, and who have maintained an overall rating of at least effective on the following procedure TLE from the previous year, will have priority for one year after the termination date in filling vacancies and new positions for which they are qualified. Throughout the first year after reduction in force, terminated teachers who have maintained an overall rating of at least effective on the TLE from the previous year will be placed on a recall list. Teachers on this recall list will be notified by certified mail of position vacancies for which they have priority. Teachers qualified for a vacancy by certification, experience, and/or continuing education equivalent 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. iiirecalled by seniority. The regular employee(steacher so notified must accept the position in writing on or before ten (10) in calendar days from the affected job classification(s) with date 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 notice was mailed to the reverse order of job progression. v. A regular employee who cannot displace another employee in teacher or they forfeit the position and their name is permanently removed from the recall list. It shall be the teacher’s responsibility to see that the district has his/her own department under “d” above, because he/she does not have sufficient seniority or current address on file and the qualifications to perform address retained on the job satisfactorily, will displace district’s records shall be the employee with the least seniority in the District whose job he/she can perform. c. address utilized for recall purposes. A regular employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee teacher who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure recalled will be laid off given credit for all previous teaching experience approved by the State Department of Education. Only teachers recalled from the District. j. In recall list shall be reinstated to career status, if any, and seniority possessed by the event recalled teacher on the date such teacher’s termination as a result of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceforce became effective.

Appears in 3 contracts

Sources: Procedural Agreement, Procedural Agreement, Procedural Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position A. Any employee who is eliminated or laid off because of a reduction in FTE staff shall be notified at least two weeks in advance, when possible, in writing by the Executive Director of Human Resources/Legal Affairs or his designee. B. When the Board makes any necessary reduction in personnel, it will discuss with the Union the necessity for and the effects of such a reduction. The decision of the Board with respect to said reductions in personnel shall be final, subject to the provisions of this Article. C. The Board shall, in an instance of reduction in force, determine the category(ies) within a job classificationthe division in which reductions will be made and the positions so affected. 1. Should there Probationary employees within the affected category(ies) within the division shall be laid off in an FTE reduction that does not result order determined by the Board. 2. Non-probationary employees within the affected category(ies) within the division shall be laid off in a position being eliminatedthe reverse order of their seniority, with the employee having the least senior regular employee within the job classification will be subject to an FTE reductionseniority being laid off first. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and Non-probationary employees have been reduced, in positions scheduled for elimination after the ratification date of this Agreement who work at least senior regular employee within the job classification at the school/department being reduced in FTE twenty (20) hours per week 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 category working 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 same number of employees within hours per week (e.g., 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 thirty hour per week employee removed under clause “c” above will displace the least senior thirty hour per week 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 category provided such 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have has more seniority than the employee to be displaced). Laid off employees unable to bump or transfer within the same job category may displace the least senior employee working the same number of hours regardless of category, provided such employee has more seniority than the employee to be displaced, possesses the necessary job related education, job experience and skills; has received satisfactory performance evaluations, has worked within the last three years in the job category in which he/she displaces wishes to transfer or bump and must be qualified has earned at least two years of seniority credit within that job category. Employee(s) displaced pursuant to perform the job third paragraph of Article 15(C)(2) shall displace the employee he/she displaces. The determination of qualifications rests solely with the Districtleast senior person within their category. g. Under 3. Employees laid off through the procedures set forth in this procedureArticle shall be retained on a recall list for a period equal to the sum of their accrued seniority, an employee cannot displace another employee who is and shall be recalled in a higher rated job classificationreverse order of their layoff to their former position, should it become available, or to vacant positions within the same category within the division. h. Under this procedure, an 4. Any employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit himremoved from his/her to remain at work under the provisions position because of this procedure will be laid off from the District. j. In a reduction in staff shall, in the event of a substantial layoffvacancy in the position most previously held by the employee within the category to which the employee was formerly assigned, be returned to said position without implementing the bid procedure for the duration of this Agreement. 5. The parties reserve the right during period(s) of reduction(s) to meet and discuss alternative procedures to the implementation of Article 15(C)(2) and (3). Absent mutual agreement by the parties in a timely fashion, the District will meet with Board reserves the representatives right to implement the provisions set forth in sections C(2) and (3). This provision shall become effective after the ratification date of this Agreement. It is understood that no application of the BVCEA seniority standard for purposes of the aforesaid layoff and recall procedures shall in any manner compel the School District to retain or recall any person in any position for which he/she cannot perform all the duties and meet all the requirements of the position, as set forth in the job description. D. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. Employees shall be eligible for recall for a period of time equal to their seniority but not more than four years from the date of layoff. E. Notice of recall shall be sent to the employee at his/her last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an effort employee fails to resolve issues related report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. It is understood that such employee is responsible for keeping the Board advised in writing of any change of address, and will not be excused for failure to such report for work upon recall if the employee fails to receive a reduction recall notice because of his/her own failure to advise the Board in forcewriting of a change of address. F. Employees shall not be permitted to displace other employees who work more hours per day than they do.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. This Article 24, Reduction in Force, and the manner in which it is executed, applies to all HPSA represented positions only. Section 1: A reduction in force may take place upon approval of the City Council and is defined as an action wherein management eliminates a position. (a) The CITY may eliminate any position. (b) The CITY will notify the ▇▇▇▇▇▇▇▇▇ Police Supervisors Association prior to any City Council action that relates to a reduction in force. (c) Notice of at least thirty (30) calendar days will be given to HPSA Members whose positions are eliminated through a reduction in force. In lieu of notice, an equivalent amount of salary, based on the HPSA Member’s regular work schedule, will be paid to the HPSA Member. Section 2: When a position is eliminated and/or a reduction in force takes place, the following procedure will apply: (a) HPSA Members that are serving a qualifying period within the classification that is impacted by the reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationreturned to their former classification first. 1. Should there (b) HPSA Members whose positions are eliminated shall be an FTE reduction that does not result in a position being eliminated, permitted to exercise their classification seniority to move laterally and displace the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur Member in the following manner: a. After temporary and probationary employees have been reduced, same classification. If the impacted Member is the least senior regular employee within the job classification at the school/department being reduced in FTE that classification, they will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the previously held lower classification. An employee who has been displaced as a result of this procedure will have the same seniority rights as the employee whose position was eliminated. (c) HPSA Members who are not placed in previously held positions within this Agreement will fill a vacancy as a Police Officer or Corrections Officer as appropriate. (d) Notice of at least 30 calendar days must be given to HPSA Members whose positions are to be eliminated through Reduction in Force. In lieu of notice, or less than 30-day notice, an employee shall be paid the job amount of salary the employee would have, received based on the employee’s regular work schedule, had a 30-day notice been given. Section 3: RETURN TO FORMER CLASSIFICATION RIGHTS (a) If an HPSA Member has been subject to the demotion to a lower 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 as a result 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 they will be observed: i. Temporary employees placed on a Recall to Former Classification List in the affected job classification(s) classification seniority order. Members will be recalled to their former classification in seniority order as vacancies occur. Should a Member decline a return to their former classification, they will be removed firstfrom the list and all classification seniority expires. ii. Probationary employees in (b) Return to Former Classification rights do not expire while the affected job classification(s) will be removed next. iii. The regular employee(s) in Member is an active employee, unless 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 Member declines an offer of return 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job that classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee(c) Return to Former Classification List will have precedence over all other Eligibility Lists. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

REDUCTION IN FORCE. A reduction 23-1 The Board shall determine when reductions in force will are necessary and which job categories* or occupations** shall be recognized affected. Employees within affected job categories or occupations shall be considered for retention on the basis of School District need and who meets the qualifications for the remaining positions. The determination of who best meets the qualifications shall rest solely with the Board. The following factors shall be considered when either a full position is eliminated classified staff are to be reduced in force: (a) retirements, resignations and normal attrition shall be considered first; (b) all probationary staff (6 months or a reduction less) shall be reduced in FTE force before any regular employee; (c) employees with the least amount of seniority in the District shall be the first to be reduced in force within a job classification. 1category or occupation; (d) if seniority is the same among employees, evaluation, documented job performance, job related cross-trained skills, affirmative action considerations, and required job skills as determined by testing will identify who is to be reduced in force. Should there Any employee who is to be reduced shall be so notified in writing at least two (2) weeks prior to the effective date of the reduction. The Board shall forward a list of those employees being reduced to the Association on the same date that the notice of reduction is issued to an FTE employee. Any employee who is to be reduced in their assignment shall be placed on a re-employment list or lists, as may be required by the effective date of the reduction that does not result and shall be eligible for re- employment in the first vacant position for which they are qualified in inverse order of the reduction. The re-employment list or lists shall expire after twelve (12) months of the effective date of the reduction and has precedence over new hires, promotions or other action which would fill a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reductionon a permanent basis. 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 An employee who cannot displace another employee is reemployed in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the previous 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 title within one year of his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with termination date shall be placed at the job. f. In order to displace another employee as provided step in section 2 above, an employee must have more seniority than the salary schedule which was in effect at the time the employee he/she displaces left, and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure all sick leave benefits which had been accumulated will be laid off from the Districtreinstated. *Job Occupations are defined as: Paraprofessional Instructional: child care, office instructional, Title I, attendance liaison, adult literacy program intake coordinator, media, home visitors, ESL tutors, bilingual, attendance clerk, child care supervisor, speech/language assistant, special populations, health clerk, paraprofessional. Paraprofessional PreSchool/Group Leader Paraprofessional Special Education: autism spectrum disorder concentration, behavior team, assistive technology. Secretary/Clerk: entry level secretaries, counseling secretaries, coordinator’s secretaries, director’s assistant secretaries, clerks, liaison. Secretary School/Office: elementary/middle school principal’s secretary, manager’s secretary, alternative high school principal’s head secretary. Secretary HS – high school principal’s secretary. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A A. If the District, in the exercise of its discretion, determines that it shall reduce the number of employees in the unit, the Committee shall implement such reduction utilizing the following process. The District shall determine which positions in force each classification are going to be eliminated. If the employee(s) holding the position(s) have more seniority (determined by length of service in the school system) than other employees in the same classification, then the employee 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 allowed 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 bump the least senior employee in the classification within the job same building. If the affected employee(s) cannot bump anyone in their current classification that holds within the FTE same building, the more employee(s) may bump the least senior employee had before in the school/department was reduced classification in FTEthe District. The seniority impact would continue until only If the last senior affected employee(s) are impactedcannot bump anyone in their current classification, the employee(s) may bump the least senior employee in the next lower classification if the affected employee(s) is more senior. No further reductions will occur outside If not, the affected employee(s) may bump the least senior employee in the lowest classification if the affected employee(s) is more senior. Employees shall receive at least two (2) weeks prior written notice of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have layoff together with a bidding process each year for their assignmentscopy of this Article. 2. Should there be B. An employee may bump down into a position completely eliminated, lower classification to avoid termination as long as 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 affected employee has seniority over employees in the affected job classification(s) will be removed firstlower classifications. iiC. Any employee who must change location in order to retain employment shall have the option of either changing location or being terminated before the employee to be bumped is terminated. Probationary employees Such option must be exercised in writing and delivered to the Business Manager by the affected job classification(s) will be removed nextemployee within seven calendar days of their knowledge of the reduction. iii. D. The regular employee(s) rank order of job classifications from high to low is as follows: Cafeteria Cook Supervisor Cafeteria Cook Assistant Cafeteria Cook E. Recall from layoff shall be 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 layoff to the same or similar positions. The Committee shall give at least two (2) weeks written notice to the qualifications to perform last known address of 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee. The recalled employee must have more seniority than respond within five (5) working days of receipt of the employee he/she displaces notice of recall unless extended by the Superintendent as to employee's intent to return, and must return on the date fixed by the Superintendent unless excused for not more than two weeks by the Superintendent. An employee shall be qualified on the recall list for one year. Positions restored for recall within one year of layoff shall not be subject to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in posting requirements under Article 20 if they are to be filled by a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another laid off employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction It is understood that seniority rights are bargaining unit wide, and irrespective of job title. Reduction in force will (RIF) procedures, however, shall be recognized when either a full specially treated and outlined in this section. The following rules apply in RIF situations: A. When any food service position is eliminated or needs to be reduced in excess of one and one-half hours per day (which effectively eliminates the position), then such situation is to be considered a RIF and reassignment or “bumping” of employees needs to take place; and B. Only an employee who is directly affected by a reduction in FTE within hours or job elimination during 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 RIF situation 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 “bump” or 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of a less senior employee. Employee, who due to higher seniority are above the effects of bumping, may not use the RIF situation to bump others; and C. A RIF affected employee he/she displaces. The determination may “bump”, or take the job of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another any less senior employee who is in a higher rated the same or lesser paying job classification.title; and h. Under this procedure, an D. Any employee who has been bumped may bump any less senior employee in his same or lesser paying job title; and E. A bumping employee may not acquire additional work hours bump another less senior employee in displacing another employeea higher paying job title, unless the bumping employee is 1) more senior than the employee being bumped, and 2) has demonstrated in-district experience in that same higher paying job title of at least 90 calendar days, and 3) has worked, pursuant to assignment, in such job title within the last four years; and, F. Once begun, bumping shall continue until the least senior bumped employees are ultimately laid-off. Hence, the reduction in force of food service staff will be accomplished by laying off a sufficient number of the least senior members of the bargaining unit. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure G. Reduction in Force will be laid off from the Districtoffered on a volunteer basis by seniority. j. In H. The Union will be given a thirty (30) day written notice prior to the event of a substantial layoff, the District will meet potential Reduction in Force. Section 10.7.1. The employee with the representatives of the BVCEA in an effort earliest hire date shall have absolute rights regarding lateral transfers resulting from a RIF to resolve issues related to such a reduction in forceposted position.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. (a) A reduction in force (RIF) occurs due to budgetary constraints and brings about the elimination of one or more specific positions within the CASA bargaining unit. (b) When a (RIF) is necessary, the Superintendent will, to the extent feasible, reassign the unit member to lower ranking position within the CASA bargaining unit, prior to such member being transferred to a position with the CEA bargaining unit. (c) In making determinations on individuals to be riffed, the Superintendent will take into consideration the total length of service since the most recent date of hire in any position for which CASA has been designated as the exclusive representative. Consideration will also be given to area of certification (including subject field and grade level qualifications), overall experience, and/or specialized training. (d) The employee 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 placed in a position being eliminated▇▇▇▇ position. If no such vacancy exists or the employee elects not to serve as ▇▇▇▇, the least senior regular employee within the job classification then he/she will be subject assigned 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 classroom teaching 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” abovearea(s) of certification. Additionally, because the employee will be placed on the step of the appropriate CEA salary scale that is not less than the employee’s per diem rate of pay when the RIF occurred. Once reassigned, the language of the CEA Agreement will be controlling. If recalled to an administrative position, the employee will be placed on the CASA scale and step that he/she does not would have sufficient seniority or the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job received had he/she can perform. c. A regular employee displaced from remained in his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When administrative position. If an offer to recall is extended to an employee acquires a job under this procedureand he/she declines to return to the proposed administrative assignment, the employee waives any further entitlement to recall and must make arrangements with the Human Resources Department to liquidate or convert all of his/her seniority will go with the jobremaining annual leave. f. In order (e) The employee will have the option to displace another employee as provided in section 2 aboveconvert unused annual leave to sick leave, use annual leave on non-student days, or bank said leave for the duration of the period to be recalled to an employee must have more seniority than administrative position. Upon expiration of the recall period, the employee he/she displaces and must will have the option to convert all unused annual leave to sick leave or to be qualified paid for unused annual leave up to perform the job a maximum of the employee he/she displaces53 days with any remaining unused annual leave days beyond this maximum converted to sick leave. The determination sale of qualifications rests solely with days will be paid at the Districtemployee’s per diem rate at the time the RIF occurred. g. Under this procedure, an (f) The employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional will be assigned to work hours in displacing another employee190 days each year. i. An employee whose seniority does not permit him/her Any current administrator or supervisor who is tenured with CCPS and was appointed to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffan administrative or supervisory position before June 30, the District will meet 2015, will, in collaboration with the representatives Superintendent or designee, have the option to work up to: ii. Year 1 of the BVCEA in an effort to resolve issues related to such a reduction in force.RIF: 40 additional days iii. Year 2 of the RIF: 25 additional days

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force 18.1 The District shall notify the Union of layoffs prior to Governing Board action or upon mailing of layoff notices, whichever is earlier. The District agrees to meet and consult with the Union to discuss alternatives prior to written notification to the employee. If no alternative is reached, then the employee will be recognized when either given a full position is eliminated forty-five (45) day notice of layoff and will be requested to respond in writing within two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights. Layoff Procedures are as follows: a. Employee will be given a reduction forty-five (45)-day notice of layoff and will be requested to respond in FTE writing within a job two (2) weeks of receiving notice as to whether he/she will accept the layoff or invoke bumping rights. b. Time in class shall be determined by date of hire in classification. 1. Should there be an FTE reduction that does not result in a position being eliminated, c. An employee may bump 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” abovepresent classification who has an equivalent percentage of full-time employment in paid status (i.e. months and hours) if no equivalent vacancy exists. If there is no equivalent FTE position, because the employee may bump the least senior employee with the next lower FTE. In no event can the employee bump into a higher FTE status. d. The least senior employee in the classification may bump into a lower classification if he/she does not holds permanent status in the lower classification and there is an employee in the lower classification with less seniority. e. The employee being bumped from a position will be given a forty-five (45)-day notice of layoff, and the procedures followed are the same as in “a” “b” and “c” above. f. When the District eliminates a filled position at a department/division where positions are held by employees in the same classification and funding source, positions in the same classification and funding source will be eliminated in reverse order of seniority. 18.2 An employee who has been notified that his/her position is being eliminated may request the following actions in lieu of bumping or layoff: a. May request a transfer to a vacant position on the same level or a reassignment to a lower level for which he/she may have sufficient seniority or the qualifications some essential skills to perform the job satisfactorily, will displace the employee with the least seniority in duties. b. A vacant position is defined as a regular permanent position which the District whose job he/she can performdetermines is critical and must be filled. The employee may request to perform work that is being performed by provisional or limited-term employees and the District has determined is critical and must be performed. c. A regular The employee displaced from shall notify the District should any proposed position be unacceptable. d. The District will send names to the supervisor for interviewing. The supervisor will determine the skill levels necessary to perform the tasks available and will select or not select a candidate. e. An employee transferred or reassigned to a lower classification shall serve a probationary period, and the supervisor shall make a recommendation on permanent status on the final probationary evaluation. f. An employee who transfers or accepts reassignment to a lower level classification in lieu of layoff shall have the right of reinstatement to his/her job classification under this procedure will receive former position for a minimum period of thirty days noticetwenty-four (24) months in addition to the thirty-nine (39) months reemployment rights. d. 18.3 Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, with no other alternative for employment within the District will meet shall be offered any temporary hourly position with the representatives similar duties or responsibilities being performed at their location of the BVCEA in an effort to resolve issues related to such a reduction in forceemployment.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A A. The Association shall be notified of any legally required Reduction in Force hearing at least ten (10) calendar days prior to such hearing date. B. If it is determined that a reduction in force is necessary, the Board shall remove teachers based on each teacher’s placement in 1 of 4 performance evaluation groups in the “sequence of honorable dismissal list.” Teachers shall be honorably dismissed in group order, with teachers in Group 1 the first to be honorably dismissed and teachers in Group 4 the last to be honorably dismissed. From amongst those teachers in Group 1, the District may honorably dismiss in any sequence. Within Group 2 the District shall honorably dismiss based on the average performance evaluation rating of the past two evaluations of said teachers, if two ratings are available; if only one rating is available, the last performance evaluation rating shall be used. The teachers in Group 2 with the lowest average performance evaluation rating will be recognized when either dismissed first. In Group 2 seniority shall only be used to determine layoff sequence in cases of a full tie for teachers with the same average performance evaluation rating in the same grouping. Within Groups 3 or 4, teachers shall be honorably dismissed using inverse seniority. C. If the Board has any vacancies for the following school term, or within two calendar years from the beginning of the following school term, teachers who are honorably dismissed from Group 3 and Group 4 shall have the right to be recalled, provided said teachers are qualified to hold the vacant position. Group 2 teachers have limited recall rights subject to the Illinois School Code. Such teachers shall be recalled in inverse order of the honorable dismissal. In the event the School Code requires a longer recall period, the District shall recognize such longer recall period. It is the responsibility of the RIF’d employee to provide current contact information to the District Office prior to their last day of employment. Once contacted and offered recall, a teacher will have up to (5) five calendar days to accept or decline the position. Teachers who refuse an offered recall waive their right to any additional recalls. D. If a full-time tenured teacher has been reduced to a part-time position is eliminated or as part of a reduction in FTE within force and a job classification. 1. Should there be an FTE reduction full-time position in which the teacher is qualified to hold becomes available, that does not result in a position being eliminated, the least senior regular employee within the job classification will be subject offered 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure before other candidates will be laid off from the Districtconsidered. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA E. Reductions-in-force shall be pursuant to law unless otherwise stated in an effort to resolve issues related to such a reduction in forcethis agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A In the event the Board of Directors, in its exclusive judgment, ultimately decides that a reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE implemented, the Board shall specify the number of positions to be authorized within a each job classification. 1. Should there Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an FTE reduction that does not result employee in a position being eliminated, higher paying job classification shall have the least senior regular right to "bump" employees in lower paying job classifications in which the higher paid employee within the was previously employed. An employee who “bumps" to a lower paying job classification will be subject placed on the applicable seniority list for that classification according to an FTE reductionthe employee’s prior District service (promotion date) in that rank. 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 Employee(s) cannot ”bump" into a lower paying job classification that holds they were not previously employed and successfully completed probation, unless while during probation in the FTE lower paying job classification the more senior employee had before was promoted into 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 higher paying job classification. Note: This Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2commence with the highest job classification. 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(sThose employee(s) will be removed first. ii. Probationary employees "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the affected lower paying job classification(s) will be removed next. iiiclassification. The regular employee(s) in In the affected job classification(s) with the least seniority will be removed next. iv. A regular event that an employee removed under clause “c” above will displace the employee with the least seniority in the ''bumps'' to a lower paying 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 accordance 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article, their salary shall be immediately reduced to the step of the lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employees name from the recall List, unless, said employee is determined to be totally disabled. Physical examinations shall be at the District. j. 's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any such reduced or laid-off employee fails to report for duty within thirty (30) days after mailing a written notice by registered mail to the last known address, they shall have lost the right to be rehired or advanced hereunder. In the event that an employee is advanced from a job classification to another job classification in accordance with the provisions of paragraph 5 above, their salary shall revert to the step of the higher range that would have applied had there not been a reduction in job classification as a result of a substantial layoffgeneral lay-off. If at any point in time during the two (2) year reinstatement period (as identified above), the District reclassifies the job descriptions, but maintains similar job functions, the employees who were directly affected by the initial lay-off from their previously held positions, will meet with be granted re-hiring rights under the representatives new job description/classification. This will remain in effect for the entire duration of the BVCEA in an effort to resolve issues related to such a reduction in force.two

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

REDUCTION IN FORCE. The following procedures will govern the reduction of classified staff made necessary through financial reasons, decreased enrollment of pupils, abolishment of positions, and return to duty of regular employees after leave of absence or suspension of schools or territorial changes affecting the district. 1. Prior to any anticipated reduction, the superintendent shall advise the Union as to why the reduction is deemed necessary, what departments or class within a department are to be affected, the extent of the anticipated reduction and will provide the Union, at that time, with a list of all employees in each affected department or class within a department indicating the seniority of each employee so listed. 2. Any reduction in staff will first be accomplished through attrition or by suspending the contracts of employees on eighteen (18) month probationary contracts employed in the affected department or class within a department, insofar as it is possible to do so. The employment of replacements for some positions may be necessary, however, in the event that employees in the system do not possess the necessary licenses and/or qualifications for a position that needs to be filled. 3. In the event further reduction in staff is considered necessary by the Board of Education, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools, who shall, within each department or class within a department affected, give preference to employees on continuing contracts and to employees who have greater seniority as defined in Article III, Section H of this agreement. A reduction in force will be recognized when either identified by job department or class within a full position is eliminated or department and by building. The employee displaced by a reduction in FTE within a job classification. 1. Should there force shall be an FTE reduction that does not result in assigned to a position being eliminated, held by the least senior regular employee in that department or class within a department of equal hours or the job classification closest number of hours that do not exceed the hours of the position that was reduced. This same procedure will be subject apply to each subsequent displaced employee. When all of the assignments are complete or if an FTE reduction. Throughout BVSD the reduction in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedemployee declines an assignment, the least senior regular last employee within the job classification at the school/department being reduced in FTE displaced will be the employee impacted at that school/departmentsubject of the reduction and will be placed on the restoration list. The reduced An employee may then exercise their right decline an assignment to a position of lesser hours and choose to be placed on the restoration list for a position of equal hours. An employee who declines a position of equal hours will give up all rights to be placed on the restoration list. Employees with job department or class within a department seniority in more than one job department or class within a department may 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 FTEto be laid off. 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 employee 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from may only bump an employee in their previous department who works the Districtsame or less hours worked by the employee when the employee worked in the previous department. Employees do not have an expectation of returning to their exact same position or hours when moving back to a previous job department. j. 4. Reductions or layoffs shall be on the basis of job department and classes within a department. In the event of a substantial reduction or layoff, an employee in a higher class within a department shall first have the District option to bump an employee with less seniority in his/her respective department or employment 5. Job department and classes within department will meet with the representatives of the BVCEA in an effort be identified as follows: a. Education Aide • Class I – Up to resolve issues related but not including 3 hours • Class II – Greater than 3 hours and up to such a reduction in force6 hours • Class III – Greater than 6 hours b. Office Personnel • Class I – General Clerical not exceeding 4 hours • Class II – General Clerical greater than 4, less than 8 hours • Class III – General Clerical 8 hours • Class IV – Secretary 10 months • Class V – Secretary 12 months c. Kitchen Helper • Class I – Up to but not exceeding 2 hours • Class II – Greater than 2 hours but less than 5 hours • Class III – 5 or more hours • Class IV – Assistant Kitchen Manager • Class V – Kitchen Manager • Class VI – High School Kitchen Manager d. Custodian • Class I – Up to be not exceeding 3 hours • Class II – Greater than 3 but less than 8 hours • Class III – 8 hours • Class IV – Head Custodian e. Maintenance • Class I – Unskilled Labor • Class II – Semi-skilled • Class III – Skilled • Class IV – Assistant to Engineer f. Courier – Not to exceed one and one-half (1 ½) hour day and to be substantiated by time slips, plus mileage. Position may be filled by current employee six (6) or less hours who can work courier time. g. LRC Aide

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A 10.1 No bargaining unit classification or position will be filled by a person not a member of the bargaining unit while any member of the bargaining unit is laid off pursuant to this article. 10.2 In the event it becomes necessary to reduce classified staff due to lack of work or lack of funds, the following procedure will govern such layoffs: 10.2.1 The number of members affected by reductions will be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire, or otherwise vacate a position. 10.2.2 Prior to the Board’s instituting such reduction in force the classified staff, the Board or its designee(s) and the union will meet to discuss such reductions. 10.3 In any reduction, the concept of job classification seniority will prevail. Seniority will be recognized when either determined by the members’ most recent date of hire with the Board in a full position is eliminated or a reduction in FTE within a particular job classification.. There are four classifications: 1. Should there Bus Drivers 2. Custodians 3. Cafeteria Employees 4. Building Secretaries 10.3.1 Board approved leaves of absence will not constitute an interruption of continuous service, but such time on a leave of absence will not be an FTE reduction that does not result included in a position being eliminatedthe calculation of seniority. 10.3.2 In case of identical seniority, the least senior regular employee within the job classification seniority will be subject to an FTE reduction. Throughout BVSD determined by the toss of a coin. 10.4 When it has been determined that a reduction in FTE will occur in the following manner: a. After is necessary, temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the school/department being reduced in FTE or new members will be the employee impacted at that school/departmentlaid off first. The reduced employee may then exercise their right to displace Additional reductions will begin with the least senior employee within in the job classification, in order of seniority, until the reduction is complete. 10.5 Any member affected by such a reduction, whether directly or indirectly, will be granted bumping rights. 10.6 Bumping will be exercised on the basis of seniority. Any member affected by such reduction may displace a less senior member in the following order: 10.6.1 Within the same classification 10.6.2 Within the same classification that holds the FTE member held immediately prior to holding the more senior employee had before new classification from which the school/department member was reduced in FTE. The seniority impact would continue until only laid off 10.7 Twenty (20) days prior to the last senior employee(s) are impacted. No further reductions effective date of any layoff, each member to be laid off will occur outside be given written notice of the job classification. Note: This will not apply to Transportation Bus Drivers and Bus Assistant positions as they have layoff with a bidding process each year for their assignments. 2. Should there be a position completely eliminated, statement advising the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number member 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 bumping and reinstatement rights. A copy of each notice will be given to the qualifications to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performUnion president. c. A regular 10.8 Any member laid off will retain recall rights for a period of two (2) years. During this time the Board will not hire any new employee displaced to any classification affected by a reduction, until all members within the classification who have been laid off, have been offered an opportunity to be reinstated. 10.9 Refusal of an employee to return within five (5) days of notification of recall will void employee’s recall rights under this Section, except in extenuating circumstances, as determined by the Superintendent. 10.10 Reinstatement from the recall list will be the equivalent position and hours as previously held prior to layoff. Should a bargaining unit member be recalled to a lesser position and/or hours, the member will have the right of refusal of such position without losing his/her job classification under recall rights. If reinstated during this procedure period, the employee will receive a minimum of thirty days noticeretain all previous accumulated seniority and will resume all rights related to the salary and fringe benefits. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job 10.11 Notice of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure reinstatement will be laid off from the Districtmade in writing by certified mail. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 12.01 Reduction in force is defined as the suspension of non-teaching employee contracts due to return to duty of a regular employee after a leave of absence, suspension of schools, decreased enrollment of pupils in the district, financial reasons, territorial changes affecting the district, or for any other reason deemed necessary by the Board. 12.02 Recall is defined as the reinstatement by the Board of a non-certified employee's contract. This may happen at any time up to 12 calendar months following suspension of the non-teaching employee's contract for reasons given in Section 12.01. 12.03 Recall shall be in inverse order of employee lay-off (i.e., those employees laid off last shall be first recalled). Recalled employees must fill the qualifications of the position to which they are recalled. Recalled employees shall have two (2) work days to respond to the written notice of recall. The most senior employee by classification seniority responding to the call shall be given the position. A failure of any employee to respond within the time limit to the written recall will cause the employee to be recognized when either a full ineligible for further recall consideration. 12.04 Any qualified employee whose position is eliminated or who is otherwise subject to a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result force shall have the right to "bump" down in a position being eliminated, the least senior regular same classification or in another classification if the employee within the has job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur seniority in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the job classification at the schoolposition in which s/department being reduced in FTE will be the employee impacted at that school/department. The reduced employee may then exercise their right he seeks to displace "bump," with the least senior employee within (by classification seniority) in that classification to be thereby bumped by such other employee and laid off, provided that no employee may bump hereunder into a job classification different from the one that s/he then holds unless there is no less senior employee (by classification seniority) in the job classification that s/he then 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 unless the employee with is judged by 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 Superintendent in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications discretion still 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job duties of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated different job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement

REDUCTION IN FORCE. A reduction It is understood that seniority rights are bargaining unit wide, and irrespective of job title. Reduction in force will (RIF) procedures, however, shall be recognized when either a full specially treated and outlined in this section. The following rules apply in RIF situations: A. When any food service position is eliminated or needs to be reduced in excess of one and one-half hours per day (which effectively eliminates the position), then such situation is to be considered a RIF and reassignment or “bumping” of employees needs to take place; and B. Only an employee who is directly affected by a reduction in FTE within hours or job elimination during 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 RIF situation 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 “bump” or 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of a less senior employee. Employee, who due to higher seniority are above the effects of bumping, may not use the RIF situation to bump others; and C. A RIF affected employee he/she displaces. The determination may “bump”, or take the job of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another any less senior employee who is in a higher rated the same or lesser paying job classification.title; and h. Under this procedure, an D. Any employee who has been bumped may bump any less senior employee in his same or lesser paying job title; and E. A bumping employee may not acquire additional work hours bump another less senior employee in displacing another employeea higher paying job title, unless the bumping employee is 1) more senior than the employee being bumped, and 2) has demonstrated in-district experience in that same higher paying job title of at least 90 calendar days, and 3) has worked, pursuant to assignment, in such job title within the last four years; and, F. Once begun, bumping shall continue until the least senior bumped employees are ultimately laid-off. Hence, the reduction in force of food service staff will be accomplished by laying off a sufficient number of the least senior members of the bargaining unit. i. An Section 10.7.1. The employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort earliest hire date shall have absolute rights regarding lateral transfers resulting from a RIF to resolve issues related to such a reduction in forceposted position.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A A. When in the event of a building closing, job abolishment, lack of funds, or other reasons determined by the Superintendent which necessitates reduction in force force, probationary employees in the classification shall be laid off first. Reduction of support personnel shall be made in the inverse order of seniority. Retrogressing (bumping) shall be exercised where the employee’s seniority will hold only within the classification series where he/she is working with most recent employees being displaced first. B. Reduction in employees shall be recognized when either a full position is eliminated or a reduction in FTE within a job classification.made under the following rules: 1. Should there be an FTE reduction that does not result A person reduced from a promotional category for one of the above listed reasons shall have the right to displace the person with the least seniority within their own classification and the person thus bumped bumps the person in the lower category with the least seniority. 2. The least senior employee in a position being eliminated, classification shall have 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 bump and displace the least senior employee within in the job classification that holds next lowest classification. Bumping shall also mean the FTE the more least senior employee had before the schoolbased on his/department was reduced her seniority 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 that classification. Note: An employee may also exercise an option not to bump another employee. This action will not apply limit the right of recall only to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsthe classification from which the employee was displaced. 23. Should there be a position completely eliminatedIn case of reduction, the following will take place:employee being reduced would return to the position from which he/she advanced or to a lower classification position. a. District 4. For purposes of seniority tie breaking, seniority in classification shall be used first. In the event that two (2) or more employees are tied in classification 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 then seniority in the job District shall prevail. Any additional ties shall be broken by the toss of a coin in the presence of the Union and affected employees. 5. Any employee reduced in classification, or laid off, shall retain recall rights for a period of two (2) years from the effective date of the layoff, during which time the appointing authority shall not hire nor promote anyone to the classification at series of reduction or below layoff until all reduced or laid off employees are reinstated or have been offered reinstatement and refused, in reverse order of layoff. After incumbents in a given classification have the chance to be considered, any employee affected by layoff or reduction shall have the first opportunity for a vacant position in his/hersher classification series. 6. The laid off employee shall provide the Superintendent or designee with his/her current mailing address, within telephone number and any other pertinent information. In the departmentcurrent event of recall, the employee being recalled shall be notified be Certified Mail to the employee’s last known address, according to the reverse order business Office records, as to the date of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” aboveexpected return to work. Each employee recalled shall be given at least fourteen (14) calendar days notice, because he/she does excluding legal holidays to respond to a reinstatement letter. Failure to accept the Superintendent or designee’s offer of reinstatement or refuse recall within fourteen (14) calendar days shall terminate an employee’s recall right. Non-response to an offer of reinstatement will be considered a refusal. Copies of recall notices will be sent to the Local Union President for informational purposes only. 7. Employees retrogressing in the same classification series shall not be subject to a probationary period. An employee who bumps into a job classification which he has no previous service will have sufficient seniority or the qualifications to perform the job satisfactorily15 work day probationary period. At any time during this period, will displace the employee with the least seniority may elect to take a lay off in lieu of remaining in the District whose new classification. Electing to take a lay off will limit the right of recall only to the classification from which the employee was displaced. Employee(s) who retrogress to a lower classification shall be reduced in pay to that of the new job he/she can performclassification in the comparable experience step. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces8. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layofflayoff or reduction occurring as a result of a building closing, affected employees shall have at least sixty (60) calendar days notice to either bid on other vacant positions or to exercise bumping and displacement rights. 9. The board shall discontinue insurance benefits at the District will meet with the representatives time of the BVCEA reduction or layoff. Displaced employees shall be offered the opportunity to substitute in their classification. The substitute list would permit the employee to maintain insurance benefits by paying the total group rate. 10. Vacation eligibility for any employee reduced to a school year position and then returned to an effort annual position shall gain eligibility for vacation using the same formula as previously negotiated. 11. Written notification shall be given to resolve issues related all affected employees, Local President and the Business Agent two (2) weeks prior to such a reduction in forceany reduction.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position The Superintendent is eliminated or a reduction in FTE within a job classification. 1. Should there be an FTE reduction that does not result in authorized to layoff employees if a position being eliminated, has been abolished or if he/she determines a layoff is appropriate due to insufficient funds or work. When the least senior regular employee within the job classification will be subject District has decided 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 reduce the number of employees within a department or in laying off employees classification, the minimum of fourteen (14) calendar day notice of layoff will be provided. The order of layoff will be determined by seniority from the Districtappropriate seniority lists. The district will attempt to limit the number of employees to those laid off to the number of positions (from the bargaining unit in full-time equivalents) that were cut from the budget. a. In determining which employee or employees are to be laid off the district shall, first, ascertain the classification of the position or positions which the Superintendent has decided must be vacated. The least senior employee or employees in the district holding a job with the same classification shall be laid off. b. When it becomes necessary If a position within a building is abolished or reduced from a full to implement a reduction in forcepart-time position, and no employee holding the following procedure shall be observed: i. Temporary employees position in the affected job classification(s) will be removed first. ii. Probationary employees building is susceptible to layoff in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) accordance with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace provisions with Paragraph a above, the employee with the least seniority in the building will be reassigned to another building in which there is a vacant position with the same job classification at and same status (either full-time or below his/herspart-time). In the event no vacant qualifying position exists the employee may then elect to bump the employee in the same classification and status who has the lowest bargaining unit seniority. However, when a position's hours are reduced an employee eligible for reassignment pursuant to this paragraph may opt out to remain within the departmentbuilding working at reduced hours. c. An employee may refuse a reassignment under Paragraph b above and opt to be placed on the recall list where: 1) The proposed reassignment is to a location more than twenty miles away from the employee's former position; or 2) The proposed reassignment is to a position requiring a different number of days or hours of employment during the work week or a different pay level. d. If an employee refuses a position requiring the same number of days, according hours of work, or pay level as presently assigned and which is also at a location 20 miles or closer to the reverse order employee's present position this refusal will be treated as a resignation and the employee terminated. Offers of job progressionreassignment and their acceptance may be verbal but must be confirmed in writing within five days. v. A regular e. An employee who cannot displace another employee is laid off in his/her own department under “d” above, because he/she does not have sufficient seniority or accordance with the qualifications to perform the job satisfactorily, will displace the provisions of Paragraph a above may bump an employee with the least bargaining unit seniority in the District whose another job classification within this agreement which he or she has previously held successfully and for which he/she can perform.continues to be qualified, provided: c. A regular 1) The laid off employee displaced from his/provides the district with notice of his or her job classification under this procedure will receive a minimum desire to bump within three days of thirty days notice.receipt of the notice required by paragraph 4 above; and d. Any regular 2) The laid off employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more has greater seniority than the employee he/he or she displaces and must be qualified proposes to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtbump. g. Under this procedure, an employee cannot displace another f. An employee who is has been bumped in a higher rated job classification. h. Under accordance with this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her paragraph will be laid off pursuant to remain at work under the provisions of this procedure Article. The person who has displaced the bumped employee will not be laid off from entitled to occupy the District. j. In the event of a substantial layoff, the District will meet position or receive any compensation associated with the representatives position until the notice period prescribed in paragraph 4 has expired with respect to the bumped employee. Provided that the time requirement prescribed in paragraph 4 of this section commences when the employee notifies the district of the BVCEA desire to bump, as in an effort accordance with paragraph 4b of this section. An employee subject to resolve issues related layoff who has bumped another employee in accordance with this paragraph shall not be entitled to such a reduction in forcecompensation during the period between the effective date of his or her original layoff and the effective date of the bumped employee's layoff.

Appears in 2 contracts

Sources: Negotiated Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position is eliminated which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution. (d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures. (e) Displacement procedures will take place in the following order: (1) Once a reduction in FTE position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be displaced. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, 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 in the classification working in another department. (3) If there are no other positions 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 whose position has been reduced will displace the least senior employee with the least seniority in any equal or lower paying position previously held by that regular employee or be placed in a vacancy in the job classification at or below his/hers, within highest paid position available that the department, according to the reverse order of job progressionemployee previously held. v. A regular (4) An 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 has been displaced from his/her job classification under this procedure will receive as a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced. (5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be laid off reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY. (6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position. (7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the Districtreduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only. j. (8) In order to be eligible for assignment/transfer to any position in this process, a displaced employee must meet the event of a substantial layoff, minimum qualifications for the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceposition.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction A. Reduction in force Force (RIF) may be necessary because of decreased enrollment of pupils in the District, changes in curriculum, changes in the use of personnel, lack of funds, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the district or for any other similar reason. This Article applies to supplemental contracts as well as regular contracts provided that there shall be no right of recall to a supplemental contract beyond the school year in which the contract is suspended. For purposes of this Article, decreased enrollment of pupils shall include consideration of subject-area enrollment as well as district-wide enrollment. Decreased enrollment of pupils shall also take into account declining enrollment over the five year period immediately preceding the RIF, and thus is not limited to declining enrollment in the current or previous year. B. Where known and where possible, the number of persons affected by a RIF will be recognized kept to a minimum insofar as is practicable by not replacing members who retire or resign. C. Except as provided in Section D below, reductions may be achieved only by suspension of contracts in accordance with Section 3319.17. D. Vacancies created by members who retire, resign, are on leave of absence, or whose limited contracts are not renewed under Article XXII, when either such vacancies are not filled, do not constitute a full position is eliminated reduction-in-force. E. In suspending contracts within the areas of certification or specialties affected, preference shall be given to members on continuing contracts. The Superintendent or his/her designee shall determine the specific areas of certification and the specialties, as well as the specific positions and/or work locations to be affected by the reduction-in- force. F. Members on limited contracts shall be reduced first, utilizing the following order: 1. Licensure/Certification; 2. Competency as determined by formal evaluation; 3. When evaluations are comparable, reductions will be made based on reverse order of seniority (i.e. lowest in seniority will be first reduced). G. If further reductions are needed, members on continuing contracts shall be reduced utilizing the following order: 1. Licensure/Certification; 2. Competency as determined by formal evaluation; 3. When evaluations are comparable, reductions will be made based on reverse order of seniority (i.e. lowest in seniority will be first reduced). H. All most recent evaluations resulting in a reduction in FTE final summative rating of developing, skilled, or accomplished shall be comparable for the duration of this contract. I. Seniority shall be determined by placing all members on seniority lists within their area or areas of certification giving preference, within each area of certification, first to members on continuing contracts, then to professionally or permanently certificated members on limited contracts, and finally to limited contract members with temporary or one-year vocational certification. Such seniority lists shall be revised at least annually, and no later than November 1 of each year; and a job classificationcopy of each revision shall be provided to the president of the Association within thirty (30) days of its completion. 1. Should there If two (2) or more members on any seniority list shall have the same length of continuous service, seniority shall be an FTE reduction determined by: a. the date of the Board meeting at which the member was hired; and then by b. total teaching experience in the Big Walnut Local School District; and then by c. total teaching experience as certified by the STRS; and finally by d. the last four (4) digits of the member’s Social Security Number, with the low number prevailing. Length of continuous service shall not be interrupted by authorized leaves of absence. J. Members selected for non-renewal or suspension of contract shall be placed on a "RIF List" which shall be organized by Certification Areas and which shall list each member in descending order of seniority within each area of certification held by each such member. As positions or vacancies become available for which such members are certified, those members shall be recalled to employment in reverse order of layoff within the applicable area(s) of certification in which such new positions or vacancies occur. Notice of recall shall be given by telephone and registered mail to the last telephone number and last address given by the member. It is the responsibility of members on the RIF list to keep the Board advised in writing of a telephone number and mailing address at which he or she can be reached, and also of any change in the certification of the member. Each member shall remain on the RIF list for two (2) school years, provided that does not result the rights herein granted to a member shall be forfeited by the member should he or she: (1) waive his or her recall rights in writing; (2) resign; (3) fail to accept recall as provided for herein; or (4) fail to report to work in a position being eliminated, that he or she has accepted within ten (10) school days after receipt of the least senior regular employee within notice of recall. Members on the job classification will be subject RIF list shall have the right 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 continue to participate at the school/department being reduced members' expense, in FTE will be group insurance programs without interruption in benefits, to 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 assignmentsextent authorized by law. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.A. Purpose

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement

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, A. In 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 event it becomes necessary to implement a reduction in forcereduce classified staff due to lack of funds, lack of work, or building closures, the following procedure shall be observedgovern such layoffs: i. Temporary 1. The number of employees affected by reductions shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire to otherwise vacate a position. 2. Prior to the board instituting such reductions in the affected classified staff the Board and the Union shall meet to discuss such reductions. B. In any reduction, seniority within a classification shall prevail. Seniority shall be determined by the employee’s most recent date of hire with the Board in a particular job classification(s) classification (for reduction in force purposes only). In case of identical seniority, the following shall be the determinate: 1. First date on payroll as a regular employee. 2. Application date and time stamp. In the event the employee submitted an application online, the date a completed application is submitted to the Board will be removed firstused as the “application date.” 3. Toss of coin. iiC. When it has been determined that a reduction is necessary, temporary and seasonal employees shall be laid off first. Probationary employees in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) Additional reductions shall begin with the least senior employee in the classification. Employees affected by a reduction in force shall be given advance written notice of layoff by April 30 of the year such reduction in force occurs, to be effective at the end of the employee’s work year. A list of affected employees and their seniority dates shall be given to the President of the Union. Any employee affected by a reduction shall be granted displacement rights. Displacement shall be exercised on the basis of system seniority. Any employee affected by such a reduction shall displace a less senior employee in the following order: 1. Within the same classification. 2. Within the same classification series. 3. Within the classification the employee held immediately prior to holding the classification from which the employee was laid off. 4. Bumping shall not be utilized to increase an employee’s compensation or hours of work. Any employee who displaces a less senior employee and accepts less hours 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 recalled to the reverse order of job progression. v. A regular employee who cannot displace another employee first available position in his/her own department under “d” aboveformer classification and hours or pass before any employee who has been laid off or any new employee is hired. An available position will be the position that is available after all employees in the classification who have the same hours as the position being recalled have had the opportunity to transfer by seniority to other buildings. The transfer will occur at a group meeting of individuals in that classification who have the same hours and may be interested in transferring. The employee shall apply for the position within the period of the job posting. The employee shall retain recall rights to the former position/classification and hours for a two (2) year period of time; however, because if the employee passes on an available position, he/she does not have sufficient seniority forfeits any remaining recall rights. Should a position become available in the classification of lay off or acceptance of lesser hours and the qualifications position offers more hours, the position will be offered first to perform the job satisfactorily, will displace the employee with who accepted the least seniority in lesser hours. This offer will be made until the District whose job he/she can performemployee reaches the number of hours worked prior to displacement. Recall to vacant positions or from lesser hours shall not be posted for bid until all employees accepting lesser hours or employees on layoff have been recalled. c. A regular D. Any employee displaced from laid off shall retain recall rights for a period of two (2) years during which time the Board shall not hire any new employee to any classification affected by a reduction until all employees laid off have been offered an opportunity to be reinstated. Should an employee on the recall list be offered reinstatement and refuses such, said employee shall have his/her job classification under name removed from the reinstatement list. Reinstatement from the recall list shall be to the same or equivalent position and hours as previously held prior to layoff. If reinstated during this procedure will receive a minimum period, the employee shall retain all previous accumulated seniority and all rights related to compensation and fringe benefits. Notice of thirty days noticereinstatement shall be made by certified mail. The Board shall compile and maintain an updated list of laid off employees. d. Any regular E. Recall after any reduction will be in reverse order of the reduction, (i.e. last employee displaced under this provision may also follow this procedurelaid-off will be the first to be recalled). e. F. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forcea classification exists and an opening is available in a different classification, senior employees, on layoff, will be considered for filling that opening. Refusals for reinstatement to a lesser position and hours or to a position not in the employee’s classification shall not change the employee’s recall rights. G. Seniority will be suspended or “frozen” when an employee is on a layoff period. Such recall will be maintained for up to two (2) years. H. Displacement of employees shall occur at a joint meeting of affected employees, administration and the Union.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. 4.01 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 bargaining unit positions may be necessary because of decrease in student enrollment, lack of work or in laying off employees from the Districtfinancial conditions. b. When it becomes necessary 4.02 Reduction in force does not include: voluntary retirement(s), resignation(s), or leave(s) of absence: employees who were employed to implement fill a temporary vacancy; or other means, such as non-renewal of contract, whereby positions are vacated. Instead, Reduction in Force occurs when attrition will not eliminate enough persons or positions. In such cases, the Superintendent will include the levels and areas that might possibly be affected. 4.03 Ten (10) calendar days before the Board acts on a reduction in force, the following procedure Association President will be notified in writing by the school Administration. 4.04 The Board will suspend the contract of any employee affected by the reduction in force. A. Individuals shall be observed: i. Temporary employees in released from the affected job classification(s) will be removed first. ii. Probationary employees in classifications announced by 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 Superintendent according to 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated that job classification. h. Under this procedureB. Classification seniority is defined as an employee's length of last continuous service in the specific job while a bargaining unit employee. The following are the job classifications: 1. Custodians 2. Custodian/Maintenance 3. Bus Driver 4. Bus Mechanic 5. Cafeteria workers 6. Instructional Assistants 7. Secretaries In instances of both identical initial service dates in the District and identical date of employment by approval at the Board meeting a coin flip will be utilized to determine seniority unless otherwise mutually agreed. The coin flip will occur in the presence of the Association President, an employee may not acquire additional work hours in displacing another employeeSuperintendent and the affected employees. i. An employee whose C. A seniority does not permit him/her list by job classification provided by the Board shall be submitted to remain at work under the provisions Association for their review by January 15th. Any correction that needs to be made to the seniority list must be provided in writing to the Superintendent on or before February 1 of this procedure will be laid off from each year. Failure to object or request modification of the Districtseniority list by February 1 shall result in the waiver of any error, objection or challenge to the seniority list until the publishing of the next seniority list in the following year. j. In the event D. The order of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort reduction according to resolve issues related to such a reduction in force.job classification seniority shall be as follows:

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or a. If the District determines the need for a reduction in FTE its workforce, notice of at least thirty (30) calendar days shall be provided to employees to be laid off and to the chapter president. The District may ask for volunteers as soon as the notice has been given to the Association but will not impede the layoff process. No regular employees shall be laid off within a job classification. 1. Should there be an FTE reduction that does not result classification as hereafter set out until, in a position being eliminatedthis order, 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 all temporary and employees, rehired retirees, or 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 classification have been released. Employees within a job classification as hereafter set out shall be laid off in laying off employees from the inverse order in which they were hired by the District. b. When it becomes necessary to implement An employee who has total length of continuous service with the District which is greater than that of employees (i) in an equal or lower job classification within the categories as hereinafter set out or, (ii) then in a reduction job classification in forcewhich the employee has had prior work experience with the District, and for which the following procedure shall be observed: i. Temporary employees employee is qualified at the time of layoff, may bump the least senior employee provided employee performance in the affected job classification(s) will be removed first. ii. Probationary employees in prior position was satisfactory up to and including 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. ivtime of transfer. A regular bumped employee removed under clause “c” above will displace the may in turn bump an employee with the least seniority in the job same classification and if there is no less senior employee, such bumped employee may bump out of classification on the same terms as described in the foregoing sentence. No employee will be required to bump another employee. Employees shall have three (3) working days from the date of district notice of layoff to make a decision regarding their right to bump another employee. An employee who bumps out of classification shall be compensated at the range for the classification into which the employee has bumped at the same step occupied prior to bumping, or below his/hers, at the highest step the employee had previously worked at within the departmentclassification into which the employee bumped, according to the reverse order of job progression. v. A regular whichever is greater. Any 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 bumps out of classification must bump the employee with the least seniority seniority. Employees may not bump into positions with higher FTE or wage than current position. c. Laid off employees who have recall status may apply for posted vacancies in the District whose job he/she can perform. c. A regular outside their classification. If hired for another position the employee displaced from his/her job classification is not eligible for recall in, the employee will not forfeit their recall rights if the position is a lesser hour position and/or in a lower classification. The employee’s accumulated leaves, insurance benefit (if eligible under this procedure the new position), and vacation accrual will receive a minimum be restored upon the employee’s return to work at the same amount at the time of thirty days noticelayoff. The District will not issue or post vacancy notices for classifications that were reduced until the recall list has expired or no laid off employee remains on the recall list. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a forces again increase, the employees within job under this procedureclassification categories shall be returned in the inverse order in which they were laid off. In such cases, his/her seniority will go shall be used to determine the order of layoff and return to work consistent with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces employee’s qualification and must be qualified ability to perform the job to which the employee’s seniority entitled the employee. No new employee will be hired into classifications from which employees are laid off and remain qualified to perform on the recall list. Notice of recall shall be sent to eligible employees via certified return receipt mail. Failure to timely respond to recall, the maximum being five (5) working days from the date of receipt of the first delivery attempt notification, or five (5) working days after the delivery of the item, whichever comes soonest, shall be considered as immediate voluntary termination. It is the responsibility of the employee he/she displacesto ensure the District has the proper address to send the notice of recall and a phone number to communicate information. The determination Any notice of qualifications rests solely recall returned to the District office undeliverable will be considered as a voluntary termination. Employees who accept a notice of recall shall have up to two (2) weeks from the day the employee accepts the position in the notice of recall to return to work but may volunteer to return prior to designated return date with district approval. e. Recall status will automatically terminate twenty-four (24) months from the date of layoff. Employees will not forfeit their rights to recall should an employee accept a lesser hour position and/or a job in a lower classification. They will remain on the recall list for those hours and position(s) which they had prior to the layoff until the end of their twenty-four (24) month recall period. Employees who refuse an offer of recall to a position other than the position the employee was laid off from or for FTE less than in the employee’s original position, shall be considered a voluntary resignation and removed from the recall list. Employees who are laid off will be given consideration as substitutes and such consideration will not affect the member’s recall rights. f. For purposes of the foregoing paragraph, seniority shall mean the classified employee’s total length of continuous uninterrupted service with the District. g. Under this procedure, an employee canLayoff rankings and priorities will not displace another employee who is in a higher rated job classificationbe applicable where the District must comply with maintenance of standards requirements under the law. h. Under this procedure, an employee may not acquire additional work All ties in seniority shall be broken by the drawing of lots. The drawing of lots shall take place within seventy-two (72) hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with providing the representatives two (2) week notice to the Association of the BVCEA in an effort to resolve issues related to such a reduction in force. i. Job categories for the purposes of this Article are as follows: Category 1 Administrative Assistant Office Manager Office Assistant Secretary Category 2 Payroll Specialist II Payroll Specialist I Accountant Accounting Clerk Category 3 Multilith Operator II/Site Publications Operator I Category 4 Technical Support Specialist Multi Media Communication Specialist Category 5 Applications and Data Analyst Computer Programmer III Computer Programmer II System Analyst II/Achievement and Data Reporting Analyst System Analyst I Category 6 Infrastructure Administrator Computer Technician III Computer Technician II Computer Technician I Category 7 Campus Monitor III Campus Monitor I Category 8 Child Development Center Leader Child Development Center Assistant II Child Development Center Assistant I Category 9 Translator/Interpreter Category 10 Special Education Assistant II Educational Assistant – Computer Lab Educational Assistant/ELL Educational Assistant/ELL Success Specialist/Special Education Assistant I/Student Success Specialist Educational Support Staff/Title Support Staff Category 11 Media Center Technician Media Center Assistant High School Media Center Assistant Middle School Category 12 Family and Equity Liaison Positive Attendance Support Specialist Category 13 Speech Language Pathology Assistant Category 14 Licensed Practical Nurse Category 15 Head Custodian Custodian II Custodian I Category 16 Groundskeeper Category 17 Maintenance Specialist – Welding Category 18 Maintenance Specialist – Locksmithing/Carpentry Category 19 Maintenance Specialist – Carpentry/Cabinetry Category 20 Maintenance Specialist – Painting Category 21 Maintenance Specialist – HVAC Category 22 Maintenance Specialist – Plumbing Category 24 Warehouse Worker II Warehouse Worker I Category 25 Theatre Technician Category 26 Resource Conservation Specialist Category 27 Purchasing Coordinator Category 28 Safe Routes to School Coordinator Category 29 Communications Support Specialist

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

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.A. Position Elimination 1. Should there be an FTE reduction that does not result If the Board is considering a written recommendation from the Superintendent for the elimination of any bargaining unit positions, it (or its designee) will notify the Association 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/departmentwriting. The reduced employee may then exercise their right Board (or its designee) will meet and consult with the Association upon request prior 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 FTEa decision to eliminate any bargaining unit positions. The seniority impact would continue until only parties acknowledge that the last senior employee(s) are impacted. No further reductions will occur outside of meet and consult process may need to be expedited in order to meet 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 assignmentsrequired budget deadlines. 2. Should there A decision by the Board to eliminate any bargaining unit positions shall not be a position completely subject to the grievance procedure or arbitration. 3. In the event that the Board decides to eliminate any bargaining unit positions, it shall give the Association and all teachers in the impact area prompt written notice of the positions to be eliminated. B. Seniority List 1. Seniority will be based upon continuous years of service (regardless of assignment) within the bargaining unit, from the most recent date of hire within the RSU 22 School District. When two or more teachers have the same length of continuous service in RSU 22, the following teacher with the greatest total teaching experience inside and/or outside the District shall be deemed to have the greatest seniority. Breaks in service and unpaid leaves of absences (excluding sabbaticals) will take place: a. District not be included in the computation of 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 2. Part time teachers shall accrue seniority on a pro rata basis, based upon the teacher's full-time equivalent (FTE). Any part time teacher employed prior to implement the 2004-05 year shall be credited with seniority as though s/he were a reduction full time teacher. Part time teachers shall be considered along with all other full time teachers in forcean impact area when a teaching position is eliminated. Provided, however, that in the event of the elimination of a part time teaching position a part time teacher whose contract would not otherwise be terminated may be required to choose between assuming (1) a full time position or (2) accepting a layoff. 3. Not later than October 1st, the following procedure Superintendent shall annually post a seniority list by impact area. Teachers who teach in more than one impact area 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, listed within the department, according to impact area in which the reverse order teacher spends the majority 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displacestime. The determination of qualifications rests solely with list shall be posted in each building and a copy shall be provided to the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will Association. The Association must notify and meet with the representatives Superintendent of any alleged discrepancies in the list no later than thirty (30) days after receipt of the BVCEA in an effort list, otherwise the list shall be deemed accurate. Absent mutual agreement to resolve issues related to such a reduction in forcemodify the original list, the original seniority list shall be controlling.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A (a) When a reduction in force will is to be recognized when either made in any job classification within a full position is eliminated or job classification group, the employee having the least amount of group seniority in the job classification shall be the first to be laid off. Any employee thus scheduled to be laid off may exercise his bumping rights under the terms of the addendum. When a reduction in FTE within a job classificationforce is scheduled, S&S will provide four (4) weeks notice to the Local Union President. 1. Should there (b) Bumping shall 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 administered in the following manner: a. After temporary and probationary employees have been reduced: An employee being laid off shall, if his seniority allows, displace (“bump”) the least senior regular employee within among S&S or its subcontractors in the same job classification at the school/department being reduced in FTE employee was displaced from. If the employee’s seniority is not sufficient to accomplish this, the employee must then look to bump into a job classification with an equal rate of pay if the bumping employee is qualified to perform the job. If the employee’s seniority is not sufficient to accomplish this, then the employee must bump into a job classification with a lower rate of pay. The lower-pay-rated job classifications will be looked at in descending order until a job classification is determined in which the employee impacted at that school/departmenthas sufficient plant seniority to bump into. The reduced employee may will then exercise their right to displace the least senior employee within the that 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 group if the department, according to the reverse order of job progression. v. A regular bumping 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 is qualified 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. (c) When a reduction in force is to be made in any job classification, the following employee in that job classification group may be retained irrespective of seniority: • A physically handicapped employee who by reason of occupational injury while employed by the Company merits special consideration. (d) When a subcontractor schedules a layoff, that subcontractor will provide four (4) weeks notice to S&S and the President of the Local Union. S&S will initiate the following steps to provide for continuing employment: (1) Transitioning the affected employees to vacancies with other subcontractors, provided work is available, or (2) Transitioning employees to S&S, provided work is available. (3) In order to displace another employee as provided the event no work is available in section 2 aboveeither of the two preceding steps, an employee must have more seniority than then the employee affected employee(s) may displace, if he/she displaces so desires, the least senior employee with S&S and/or another subcontractor in an equal or lower-rated job classification whose work he/she has the skills and must be qualified qualifications to perform at the site. If necessary, the affected employee will have the opportunity to demonstrate to the subcontractor that he/she has the skills and qualifications necessary to perform the work. In filling these positions, S&S and/or the subcontractor shall provide job-and task-specific training to assure competent job of performance, provided that this training requirement shall not include an obligation to provide fundamental skills training or craft-specific training, unless S&S and/or the employee he/she displaces. The determination of qualifications rests solely with the Districtsubcontractor opts to provide such training at its discretion. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. If the Board determines it to be necessary to reduce the number of employees in a job classification due to abolishment of position, lack of funds, or lack of work, the following procedure shall govern. B. The number of people affected by a reduction in force will be recognized when either kept to a full position minimum by not employing replacements, in so far as practical, for employees who resign, retire, or otherwise vacate a position. C. Whenever it becomes necessary to lay off employees by reasons stated above, affected employees shall be laid off according to seniority within the job classification with the least senior employee laid off first. Seniority is eliminated or defined in Article 6, Sections 1, 2, and 3. Ties shall be broken in the same manner as described in Article 6, Section 2. D. The following classifications shall be used for the purpose of defining job classification seniority in the event of a Reduction in Force: Secretaries Aides Head Cooks Cafeteria Supervisors Cooks Other Cafeteria Employees Lead Custodian Custodians Bus Drivers E. The Board shall determine in which classification the reduction in FTE within force should occur and the number of positions to be reduced. Within a job classificationclassification employees with limited contracts shall be laid off first and employees with continuing contracts shall be laid off last. 1. Should there be an FTE reduction that does Employees laid off may bump into another classification, seniority permitting, using the following procedure: If the employee laid off from his/her classification, has been previously employed by the Board for not result less than one (1) school year in a position being eliminateddifferent classification (without interruption of system seniority) and has greater system seniority than an employee in that other classification, 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 bump the least senior employee within the job classification in 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 other 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 eliminatedIn such case, the following will take place: a. District seniority, rather than departmental seniority, bumped employee 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the Districtclassification. If bumping within the classification or into another classification places an employee in a position with less hours than the original position, the employee may bump, seniority permitting, the least senior employee in a position in the classification. j. In 2. If an employee cannot bump anyone in his classification, he may exercise his district seniority to bump the event least senior employee in an equal or lower paying classification providing: (a.) The employee formerly held this position for at least one year (without interruption of district seniority) as a substantial regular employee in the school district, and he/she is determined by the administration to be fully qualified. (b.) The employee has more district unit seniority than the least senior employee in the lower rated classification. 3. An employee so bumped shall have the displacement rights spelled out in this Article. Time spent on a layoff caused by reduction in force will not disrupt the continuous service for purposes of computing seniority. Time spent on layoff caused by reduction in force does not count as "years of experience" for salary schedule purposes. F. Each employee to be laid off shall be given fourteen (14) days written notice of the layoff. The notice shall include: 1. Reason for the layoff 2. The effective date of the layoff G. For the classification in which the layoff occurs, the District will meet Board shall prepare a reinstatement list and name all employees. All employees employed under a limited contract shall be placed on the reinstatement list in the reverse order of layoff. The names of all employees employed under a continuing contract shall be placed on a separate reinstatement list in reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that classification or any employee is reinstated from the limited contract list. H. Vacancies which occur in the classification of layoff shall be offered to the employee standing highest on the layoff list before the next person on the list may be considered. Employees shall have three calendar days to reply to the offer. If they fail to respond or decline the offer, they shall be removed from the reinstatement list and thus sever employment with the representatives Board. I. The employee's name shall remain on the appropriate list for a period of two (2) years from the BVCEA in an effort effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a notice of reinstatement shall be made by certified mail. It is the employee's responsibility to resolve issues related keep his/her current address on file with the Superintendent. J. Employees who have not been laid off, but who have had positions abolished, will be given the opportunity to such bump on the remaining positions within their classification following a reduction of personnel. Any employee who is bumped from his/her position will also have bumping rights within the job classification according to seniority. K. The Board will not abolish a position(s) in forceorder to be able to hire outside contractors. L. Should the Board find it necessary to reduce the number of hours of employment in a position, and should this reduction of hours cause the employee(s) to become ineligible for insurance benefits, the eligibility requirement for insurance shall be waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated Subd. 1. The District may lay off any employee because of discontinuance of position, lack of work, financial limitations, or a reduction in FTE within a job classificationas otherwise necessary to manage its affairs properly. 1Subd. Should there 2. The District will identify positions to be an FTE reduction that does not result eliminated. Employees in a position being eliminated, the least senior regular employee within the any job classification will shall be subject to an FTE reduction. Throughout BVSD the reduction laid off in FTE will occur inverse order of their seniority in the following manner: a. After temporary and probationary employees have been reduced, the least senior regular employee within the that 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 seniority list in effect at the time. An employee on layoff shall retain seniority and right to recall, within classification, in seniority order, for a period of job progression.eighteen v. A regular Subd. 3. If an employee who cannot has sufficient seniority to avoid layoff, the employee may displace another the junior 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 that classification provided 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be is qualified to perform the job duties of the position. Subd. 4. No new employee shall be employed by the District to work in any job classification while an employee qualified for that classification is laid off unless the procedure specified below is followed. Employees laid off from a job classification shall be reinstated to a position in that classification in the inverse order in which they were laid off. Subd. 5. A laid-off employee shall leave his/her name and address to which any notice of reinstatement or availability of position shall be mailed from the District office. Proof of deposit in the United States mail of the notice of reinstatement and availability of position shall be sufficient to discharge the District's duty to notify the laid-off employee. The laid- off employee shall have fifteen (15) work days from the date of mailing of such notice to accept the re-employment. Failure to reply within such fifteen (15)-day period shall constitute a waiver and forfeiture by the employee of any right to re-employment, and he/she displaces. The determination of qualifications rests solely with shall be dropped from the Districtseniority list permanently. g. Under this procedureSubd. 6. Reinstatement rights shall automatically cease eighteen (18) months from the date layoff was commenced, an and no further right of reinstatement shall exist thereafter, and the employee cannot displace another employee who is in a higher rated job classificationshall be dropped from the seniority list permanently. h. Under this procedure, Subd. 7. Before laying off an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA shall give that employee written notice at least two (2) weeks in an effort to resolve issues related to such a reduction in forceadvance.

Appears in 1 contract

Sources: Master Agreement

REDUCTION IN FORCE. A ‌ A. SENIORITY DATE AND QUALIFICATIONS: 1. The District retains the right to determine when a reduction in force will is necessary, the number of employees whose employment must be recognized when either a full position terminated and the areas of employment and / or school district operations within which such reductions in force shall occur. Once it is eliminated or determined that a reduction in FTE within a job classificationforce is necessary, the District will agree to meet with the Association and discuss the pending Reduction in Force. 12. Should there In the event the District determines that classified employee staff must be an FTE reduction that does not result in a position being eliminatedreduced, the least senior regular employee following criteria shall be used in selecting employees for retention: a) Temporary and probationary employees within the job classification will selected for layoff shall 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 assignmentslaid off first. 2. Should there be a position completely eliminated, the following will take place: a. District b) District-wide 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 3. Prior to implement implementing a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) consideration will be removed given to transferring employees whose positions are being eliminated into positions that are available at the time of the reduction based on retirements, resignations, and leaves of absences, and new positions. The decision to utilize these options will be at the discretion of the District. 4. Reduction in Force Procedures a) When it is determined that a Reduction in Force is necessary, the least senior employees District- Wide will be reduced first. iib) Once a District-Wide reduction in force occurs, Area-Wide involuntary transfer procedures will be followed until all positions are filled. 5. Probationary employees No employee shall be replaced by another employee not qualified for such classification. 6. Seniority or “seniority date” shall mean the most recent date of employment with the District. Any resignation or termination of employment which results in the affected job classification(s) employee leaving the District shall constitute a “break” in seniority. For the purpose of staff reduction, seniority date shall mean the first working day subsequent to the most recent break in service, if any. 7. An employee’s seniority date for reduction in force and bumping purposes shall encompass all periods of service from the employee’s last continuous employment date. Periods of separation may not be bridged to extend such service unless the separation is a result of a reduction in force in which bridging 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 authorized if the employee with the least seniority is re-employed in the job his / her classification at or below his/hers, within the departmentperiod of his / her reduction in force eligibility, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 aboveB.2. below. 8. In the event that a reduction in force is necessary for School Maintenance personnel, an employee must have more seniority than Maintenance Levels I, II, III, as noted on the employee he/she displaces pay schedule, shall not be taken into consideration and must all employees will be considered equal. B. RE-EMPLOYMENT: 1. All permanent employees terminated during a reduction in force shall be placed on a re-employment priority list for all positions for which they are qualified to perform and available. Such employees shall be given preference for rehiring in permanent positions for which they are qualified. 2. Names shall remain on the job re-employment priority list for one (1) year. Refusal of a comparable permanent position, however, shall result in removal from the re-employment priority list. 3. It is the responsibility of the employee he/she displaces. The determination of qualifications rests solely to keep the Personnel Office current with the Districthis / her mailing address and telephone number(s). g. Under this procedureC. SENIORITY ACCRUAL DURING UNCOMPENSATED LEAVE: Seniority shall continue to accrue for the following uncompensated leave: 1. Uncompensated leave as a result of a work-related injury 2. Uncompensated leave due to layoff 3. Uncompensated leave approved by the Superintendent, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority which does not permit him/her exceed twenty (20) continuous days - accrual up to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.twenty (20) days

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. This Article 24, Reduction In Force, and the manner in which it is executed, applies to all HPSA represented positions only. Section 1: A reduction in force may take place upon approval of the City Council and is defined as an action wherein management eliminates a position. (a) The CITY may eliminate any position. (b) The CITY will notify the ▇▇▇▇▇▇▇▇▇ Police Supervisors Association prior to any City Council action that relates to a reduction in force. (c) Notice of at least thirty (30) calendar days will be given to HPSA Members whose positions are eliminated through a reduction in force. In lieu of notice, an equivalent amount of salary, based on the HPSA Member’s regular work schedule, will be paid to the HPSA Member. Section 2: When a position is eliminated and/or a reduction in force takes place, the following procedure will apply: (a) HPSA Members that are serving a qualifying period within the classification that is impacted by the reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationreturned to their former classification first. 1. Should there (b) HPSA Members whose positions are eliminated shall be an FTE reduction that does not result in a position being eliminated, permitted to exercise their classification seniority to move laterally and displace the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur Member in the following manner: a. After temporary and probationary employees have been reduced, same classification. If the impacted Member is the least senior regular employee within the job classification at the school/department being reduced in FTE that classification, they will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace the least senior employee in the previously held lower classification. An employee who has been displaced as a result of this procedure will have the same seniority rights as the employee whose position was eliminated. (c) HPSA Members who are not placed in previously held positions within this Agreement will fill a vacancy as a Police Officer or Corrections Officer as appropriate. (d) Notice of at least 30 calendar days must be given to HPSA Members whose positions are to be eliminated through Reduction in Force. In lieu of notice, or less than 30-day notice, an employee shall be paid the job amount of salary the employee would have, received based on the employee’s regular work schedule, had a 30-day notice been given. Section 3: RETURN TO FORMER CLASSIFICATION RIGHTS (a) If an HPSA Member has been subject to the demotion to a lower 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 as a result 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 they will be observed: i. Temporary employees placed on a Recall to Former Classification List in the affected job classification(s) classification seniority order. Members will be recalled to their former classification in seniority order as vacancies occur. Should a Member decline a return to their former classification, they will be removed firstfrom the list and all classification seniority expires. ii. Probationary employees in (b) Return to Former Classification rights do not expire while the affected job classification(s) will be removed next. iii. The regular employee(s) in Member is an active employee, unless 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 Member declines an offer of return 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job that classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee(c) Return to Former Classification List will have precedence over all other Eligibility Lists. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Labor Agreement

REDUCTION IN FORCE. A reduction in force will The Employer reserves the right to lay off employees for lack of work or funds, or the occurrence of conditions beyond the control of the Employer, or where such continuation of work would be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1wasteful and unproductive. Should there be an FTE reduction that does not result in a position being eliminatedIn accordance with GR29, the least senior regular employee within Court maintains full control over the job classification will be subject hiring of Court employees. As such, City employees in other departments are not eligible 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 bumping rights 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 any Court employees regardless of seniority impact would continue until only the last senior employee(s) are impacted. No further reductions will occur outside of the or job classification. Note: This will not apply The following basic provisions shall apply: A. It shall be the responsibility of the City to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdetermine job classifications in which layoffs are to occur. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. B. In the event of a substantial layoff, affected employees will be given at least sixty (60) days’ notice of layoff, when possible. C. In the event of a layoff, the District will meet order of the layoff shall be determined by job classification within the Department and according to the seniority list created by the City and adopted by the Union in January of each year. The last employee hired shall be the first laid off and the last employee laid off shall be the first rehired. Furthermore, management reserves the right to lay off an employee outside the seniority list process if the employee has received a formal written disciplinary action in accordance with the representatives discipline process outlined in article 25 within the last 12 months. In this situation, bumping rights would not apply. Management will inform the union of its intent; however, the selection will not be bargained nor grieved per this agreement. D. If an employee’s position has been eliminated and that employee has seniority, the employee shall have the right to bump into an equal or lower position/classification previously held in the last 18 months by the employee within the bargaining unit. The 18 month look back begins on the date of notification. This time limit will not pertain to those classifications within a series. See Appendix B for listing of Classification Series. Employees choosing not to bump shall be considered laid off and afforded all benefits and rights accordingly. If an employee bumps another employee in a lower position, the employee’s salary shall be frozen for a period of six (6) months. After six (6) months the employee shall assume the pay level of the BVCEA highest step in the position which they assume, as long as it does not generate an increase in pay. E. An employee exercising his/her bumping rights must meet the minimum requirements established for that position, including education, licenses, and certifications. The employee shall have three months to meet the minimum standards as defined in the job classification. F. No bargaining unit employee may be laid off if there are AFSCME temporary employees working in the same work group (all employees under the lowest non- AFSCME supervisor/manager). Any employee subject to layoff shall have the right to bump into any temporary position working within the bargaining unit for which they meet the minimum qualifications of the job as defined by the job classification. G. The name of an employee who has been laid off shall be placed on a re- employment list and shall be recalled in the inverse order in which the employee was laid off. H. Employees who have been laid off and are not currently employed by the City will be first in consideration for vacant positions meeting minimum standards of the position, in the following priority order: 1. Employees of the same job classification will be interviewed for the position first. 2. Employees of a different job classification, but previously occupied the classification being refilled within the last five (5) years, will be interviewed for the position second (if necessary). 3. The employee must provide the employer with any address change while waiting for recall. 4. Notice of recall will be made in writing by certified mail to the employee's address of record. 5. An employee who is sent notice of recall must respond within ten (10) working days of the receipt of the notice of certification for recall. 6. An employee recalled must report for re-employment on the date established by the Department Director or be considered to have abandoned his/her recall rights so long as said date is beyond ten (10) working days from the date of receipt of the recall notice. 7. An employee recalled to a job classification with a lower salary rate than his/her previous job classification may refuse such position and remain eligible for recall. In the event that an employee accepts such a position, his/her name will be removed from the re-employment list. 8. An employee on layoff accrues no additional sick leave or vacation time. When an employee is recalled from layoff and re-employed, he/she is considered to have his/her previous service credit for computation of future earned vacations and sick leave. Sick leave will be reinstated in an effort amount equal to resolve issues related that as of the date of his/her layoff. 9. Each person on a re-employment list shall retain eligibility for appointment for a period of one (1) year from the date his/her name was placed on the list. 10. Upon returning to such a reduction in forcehis/her original job classification, an employee retains his/her accrued time for merit increase if rehired within one (1) year.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A 8.1 In the event that a reduction in force is deemed necessary by the Board, the president of the Union shall be notified within five (5) days of when the Board took this action. 8.2 Reduction in force shall first be accomplished by staff turnover whenever possible. a. ESP will be recognized when either a full position is eliminated or a have reduction in FTE force rights in their current job classification within a job classification. 1the District. Should there be an FTE reduction that If ESP turnover does not result in a position being eliminated, eliminate 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 need 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 ESP with the least seniority in the job affected classification at or below his/hersshall be laid off, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be that remaining ESP are qualified to perform the job work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal. (1) For purposes of this Article, seniority within the District will be computed from the beginning of the employee heESP’s most recent period of continuous employment within the District in the job classification. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the District. In the event an ESP accepts a bargaining unit position in a different classification within the District they shall begin to accrue seniority in the new classification, but shall retain their former seniority in the previous classification, which shall be restored to them in the event the ESP returns to a position in the previous classification within the District without a break in service. (2) The provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/she displacesPersonal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the District. For purposes of this Article, seniority among Paraeducators and Behavior/Personal Care Attendants employed by the District will be computed from the beginning of the Paraeducator’s and Behavior/Personal Care Attendant’s most recent period of continuous employment in the job classification within the District. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the Paraeducator or Behavior/Personal Care Attendant signed the contract with the District. The determination job classifications covered by this section and the use of qualifications rests solely the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Pre-Kindergarten Assistants, Behavior Interventionists and Personal Care Attendants. b. Upon an ESP changing jobs within the District, due to RIF or Recall from RIF all of the ESP’s leave benefits shall carry forward to the ESP’s new job/classification, insofar as the new position has comparable benefits; otherwise, leave would be handled as if the ESP separates from employment with the District. g. Under this procedurec. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence, an employee canor by layoff, but such time will not displace another employee who is be counted in a higher rated job classificationcomputing seniority. h. Under this procedure, an employee may not acquire additional work hours d. Seniority in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with be established annually as of February 1 for the representatives of the BVCEA in an effort preceding fiscal year. e. ESP regularly scheduled to resolve issues related work at least thirty-five (35) hours per week accrue seniority on a full-time basis; ESP regularly scheduled to such a reduction in force.work less than thirty- five

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. The District shall have the right to reduce its number of employees and, if necessary, discharge or terminate employees through a reduction in force (RIF) when one or more of the following circumstances are present: 1. A substantial decrease in pupil population 2. A substantial reduction in operating revenues 3. A substantial decrease in enrollment of a specific grade level or program, or the elimination of a program 4. The enactment of laws or court decisions that directly affect staffing and are beyond the immediate control of the Board. B. If the District anticipates a RIF, the District will notify the Federation in writing at least 30 calendar days prior to the implementation. The notice shall include the reasons for the RIF and the affected program. The Federation and the District shall meet to discuss the RIF. Employees affected will be recognized when either notified as soon as possible. C. If it becomes necessary to reduce the number of employees, the District shall attempt to avoid the RIF by means of attrition and reassignment of employees to vacancies within the District and the non-renewal of contracts for probationary employees. D. At the request of the District, a full position is eliminated or non-probationary employee may voluntarily consent to a reduction in FTE within hours of employment or to a job classificationlower classification in order to avoid lay off. 1. Should there be E. Whenever an FTE reduction that does not result in a position being eliminatedemployee is laid off, the least senior regular order of lay off shall be determined by seniority. The 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 shall be removed next. ivlaid off first. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hersSeasonal, within the departmenttemporary, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure probationary employees will be laid off before non-probationary employees. If a position is deemed essential to the District and the employee in that position has special abilities and training for that position, then that employee may be exempted from the DistrictRIF in that classification. In such a case, the reason for the exception will be provided to the employee and Federation in writing. j. In F. The District will maintain a re-hire list for one year. The employee with the event most seniority within a job classification will be re-hired first. Employees who have been RIF'd will be offered re- employment by seniority before new hires, regardless of a substantial layoffprevious classification, provided the employee is qualified for that position. G. It is the sole responsibility of the employee to keep the District will meet with advised of his or her current whereabouts. Any person selected for re-hire shall be notified as soon as possible and given written notice by certified mail. An employee must accept the representatives position in writing within ten working days of the BVCEA in an effort to resolve issues related to such a reduction in forcemailing of the recall notice or the position shall be forfeited, along with all further rights under this provision.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction ‌ 1) An employee who is laid off shall have the right to bump a less senior employee from a lower level position within the same chain of classification provided the employee meets all job requirements and is eligible and qualified to perform the available job. This provision shall only apply to the specific classification and/or sub classification being affected by the Reduction in force Force action. 2) An employee who is laid off shall have the right to bump a less senior employee in the most recent classification previously held based on the employee's overall seniority date provided the employee meets all job requirements, and is eligible and qualified to perform the available job. If the employee held more than one previous classification, they will bump back in the reverse order of positions held. Any personnel laid-off will retain their right to return to work for a period of one (1) year. Any person that has exercised their bumping rights into a previously held classification shall retain their right to return to the position they were bumped out of for a period of three (3) years. Exception to this provision shall be made when the service provided to Aberdeen Test Center (ATC) on this contract will be recognized when either affected by application of this seniority provision. Personnel assigned to active TDY shall not be subject to this seniority provision until they return from the TDY assignment. It is the responsibility of the employee to notify ATSS Companies of current contact information during the layoff period. The Union will not hold ATSS Companies liable for returned, refused, or undeliverable written notification. In the event that a full position new job classification is eliminated or a reduction in FTE within created (such as Light Armor Range Technician and Combat Vehicle Technician I-IV), the Company, during the initial hiring phase, will use the employee's overall seniority date as his/her classification seniority date. After the initial hiring phase is complete, all future hires will use the date entering the classification as the employee's classification seniority date. All other provisions concerning seniority are addressed as per the CBA. In the event a job classification is eliminated, which prevents an employee from bumping back into a previously held classification., the employee affected by the Reduction in Force shall have the right to bump a less senior employee from a lower graded general labor pool classification provided the employee meets all job requirements and is eligible and qualified to perform this job classification. The Chief ▇▇▇▇▇▇▇ or designee will meet with the Company prior to any Reduction In Force (RIF). Employee files, seniority, and bumping rights will be evaluated prior to implementation of the RIF. The Company will make every effort to give as much notice as possible to the Union and employees involved in a RIF. Voluntary Layoffs (VRIF) 1. Should there Consideration may be an FTE reduction that does not result in given to accept voluntary requests for layoff. If more than one (1) request is received within a position being eliminatedclassification, 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 will receive first consideration. If the school/department was reduced in FTE. The seniority impact would continue until only Company accepts the last senior employee(s) employees’ request, the voluntary layoff shall spare an employee within their classification if layoffs are impacted. No further reductions will occur outside of the job scheduled for said 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 Denial of requests to volunteer for layoff will not 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 subject 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 displaced under this provision may also follow this grievance procedure. e. 3. All normal layoff benefits will apply. 4. When an employee acquires is approved for a job under this procedureVRIF, his/her seniority all recall rights will go with the jobapply as identified in Article VII – Seniority, Section 5. Recall and Section 6. Loss of Seniority. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A 1. If reduction of staff becomes necessary, it shall be done in accordance with the Pennsylvania School Code. The District shall make every effort to accomplish any necessary reduction in force through attrition, i.e., retirement, resignation, leave, etc. The District will have no obligation under this Agreement to fill any vacancies created by attrition. If this is not possible, it is recognized by the parties that it will be recognized when either a full position is eliminated or a reduction in FTE within a job classificationnecessary for the District to furlough (suspend) professional employees. Furloughed employees shall receive notice at least sixty (60) days prior to the beginning of their next semester of employment. 12. Should there Employees who face layoff shall continue to be an FTE reduction entitled to employment as replacement employees each year before any new employees may be hired into such positions. In the event that does employees who otherwise would be laid off are employed as replacement employees, such employment shall continue to be made as close as possible to the first employee day of the school year. 3. An employee shall continue to receive system seniority credit at the time of layoff in all areas of certification he/she may hold, regardless of which certification(s) he/she has taught in or is currently teaching in. a. A more senior employee shall continue not result to be involuntarily realigned into one of his/her alternative certifications in order to forestall the layoff of a position being eliminated, less senior employee in the least certification area in which the more senior regular employee within the job classification will be subject is currently teaching. b. A employee may not voluntarily switch to an FTE reduction. Throughout BVSD alternative certification area at a time of layoff if by doing so he or she causes the reduction layoff in FTE will occur in that certification area of an employee who would otherwise not be laid off, unless the following manner: a. After temporary and probationary employees have been reduced, voluntary switch prevents the least layoff of an employee who is senior regular employee within the job classification at the school/department being reduced in FTE will be to the employee impacted at who is caused to be laid off by the voluntary switch. c. As used in this Article, furloughing will utilize the ‘▇▇▇▇▇▇▇’ principle. This means that school/department. The reduced employee may then exercise their right to displace the least senior employee within working in 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 certification requiring a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) or furlough 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 identified for furlough subject to the reverse order of job progression. v. A regular employee who cannot displace another employee in his/her own department under “d” aboveright to utilize an alternate certification for bumping to avoid layoff. Bumping will be of the least senior employee in the alternate certification. In cases of multiple alternate certifications, because bumping will be of the least senior employee (district seniority) among these alternate certifications. 4. Laid off employees will continue to be recalled to service in the order of their system seniority, subject to certification, with the most senior employee being recalled first and so on. No new employees may be hired until all laid-off employees in their areas of certification either have been reinstated or have declined an equivalent offer of reinstatement and been removed from the seniority roster. 5. A laid-off employee may elect to continue his/her life insurance, hospitalization and dental coverage for the first twelve (12) months of laid-off status by paying the full costs of same to the School District each month. 6. All two (2) semester employees are deemed to be continuously employed and paid by the District during the twelve (12) month period commencing with the first day of employee responsibility in each school year, unless terminated by the Board prior to the end of a school year and paid in full. 7. An employee bumped from a position shall have the right to return to his/her former position at the beginning of the next school year if that position is vacant. 8. For purposes of furlough and recall from furlough, employees shall not be permitted to bump into or be recalled to a counselor position unless they have previous counseling experience in Upper St. Clair. The position of counselor is considered a promotion. 9. Employees on furlough must notify the School District between May 15 and May 29 each year, in writing by certified mail, of their intent and willingness to return to work upon recall during the ensuing school year. Failure to so notify will result in removal from the District seniority list. Any employee offered recall to a full-time semester or more position must accept or 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off dropped from the Districtseniority list. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position A. Any employee who is eliminated or laid off because of a reduction in FTE within staff shall be notified at least two weeks in advance, when possible, by certified mail by the Office of Human Resources/Labor Relations or her/his designee. B. When the Board makes any necessary reduction in personnel, it will discuss with the Union the necessity for and the effects of such a job classificationreduction. The decision of the Board with respect to said reductions in personnel shall be final, subject to the provisions of this Article. C. The Board shall, in an instance of reduction in force, determine the grade(s) in which reductions will be made and the positions so affected. 1. Should there Probationary employees within the affected grade(s) shall be laid off in an FTE reduction that does not result order determined by the Board in a position being eliminatedinverse order of hiring. 2. Non-probationary employees within the affected grade(s) shall be laid off in the inverse order of their seniority, with the employee having 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:seniority being laid off first. a. After temporary and Non-probationary employees who have been reducedlaid off may, 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 time of their right to layoff, displace the least senior employee within the job classification that holds same grade with 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 same number of employees within a department or in laying off employees from days and hours to which they were assigned at the District. b. When it becomes necessary to implement a reduction in forcetime of their layoff, 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 provided such 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have has more seniority than the employee heto be displaced. Employee may displace the least senior employee within the next lower grade with same number of days and hours and each subsequent lower grades with the same number of days and hours if necessary, until laid off employee exhausts his/she displaces her reduction rights. b. If an employee exhausts all of her/his reduction rights referenced in paragraph 3 (a), employee shall be permitted to displace the least senior employee in the same grade with the next fewer days per year and hours per week, and subsequent lower grades, with fewer days per year and hours per week until employee exhausts his/her reduction rights, provided such employee has more seniority than the employee to be displaced. c. It is understood that in applying the language of paragraphs 3 (a) and 3 (b) above, a vacancy of the applicable grade, days, and hours must be qualified to perform filled before the job of the least senior employee he/she displaces. The determination of qualifications rests solely with the Districtis displaced. g. Under 4. Employees laid off through the procedures set forth in this procedureArticle shall be retained on a recall list for a period equal to the sum of their accrued seniority and shall be eligible for recall in reverse order of their layoff to their former position, an (should it become available, or to vacant positions within the same pay grade or lower pay grade). Any eligible employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from her/his position because of a reduction in staff shall, in the Districtevent of a vacancy in the pay grade most previously held by the employee, be given first opportunity for an interview for the vacant position before implementing the bid procedure, for the duration of this agreement, providing the employee has the qualifications for the vacancy. If the employee refuses to be recalled to the position, future recall rights shall be forfeited. j. 5. Any employee reduced in pay grade because of a reduction in staff shall, in the event of a vacancy in the pay grade most previously held by the employee, be given first opportunity for an interview for the vacant position before implementing the bid procedure, for the duration of this agreement, providing the employee has the qualifications for the vacancy. If the employee refuses to be recalled to the position, future recall rights shall be forfeited. 6. In the event of the vacancy of a substantial layoffhalf-time position, the District will meet with the representatives any employee reduced from full-time to half-time because of the BVCEA in an effort to resolve issues related to such a reduction in forcestaff, shall be granted the vacant half-time position provided hours and location are compatible, in order of recall, to return said employee to full time without implementing the bid procedure, providing the employee is capable of performing the duties of the vacancy. Every effort shall be made by administration and the union to work out an agreement on the hours, i.e., a.m. or p.m. It is understood that no application of the seniority standard for purposes of the aforesaid layoff and recall procedures shall in any manner compel the school district to retain or recall any person in any position for which she/he cannot perform all the duties and meet all the requirements of the position, as set forth in the job description. D. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. ▇. ▇▇▇▇▇▇ of recall from layoff shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Labor Relations, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that each employee is responsible for keeping the Board advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address. F. Employees who exercise their seniority option to displace other employees shall be paid the highest wage rate in the lower grade, as determined by their years of continuous employment, or their present wage rate, whichever is less.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position The parties agree it is eliminated or a reduction in FTE within a job classification. 1necessary that the Company retain an efficient and well-balanced working force. Should there be an FTE reduction that does not result in a position being eliminated, In 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 event 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, whether by layoff or classification reduction, seniority shall be on a plant wide basis. The Header, ▇▇▇▇▇▇, Group Leader and Special Fittings Welder classifications, shall be considered skilled trades. A notice of at least five (5) work days will be provided to employees scheduled for external layoff. Employees with the greatest plant wide seniority shall be retained in the plant and in their classification. Employees displaced from their shift and/or classification as a result of a layoff or a classification reduction shall, provided they have the reasonable skill and ability to perform the work in a satisfactory manner, have the following procedure shall be observed: i. Temporary employees in alternatives: When referring to the affected job classification(s) Tool Room and Maintenance areas, they will be removed first. iiconsidered as two areas (Tool Room and Maintenance). Probationary employees in In cases of shift reduction where 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 displaced 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 remains in his/her own department under “d” abovecurrent classification, because hesuch employee may elect to replace a junior employee from a multi-machine/she does not process position providing they have sufficient seniority or the qualifications to previous experience and can fully perform the job satisfactorily, will displace the employee with the least seniority minimal familiarization. A. Employees in the District whose job he/she can performTool Room and the Maintenance areas may replace the junior employee in their respective areas. c. A regular employee B. Employees in any other area or displaced from his/her job classification under this procedure will receive a minimum of thirty days notice.employees in the Tool Room and Maintenance areas may: d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with 1. Replace the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another junior employee who is being laid off, or 2. Accept a job offered by the Company, or 3. Replace the junior employee in any previously held classification or FM or Servicing including choice of shift and area, as seniority permits, if qualified to fully perform the work of the junior employee being affected with minimal training. 4. Return to previous job, including multi process/multiple machines and classification if seniority allows (if job is eliminated or shift is eliminated.) 5. Accept a layoff in lieu of any of the above listed alternatives. If it is necessary that an employee be reclassified in order to avoid his being laid off, he shall receive the rate of pay for the job to which he is reclassified in accordance with the hours accredited to him in the classification from which he is transferred. Provided, however, that if an employee is reclassified to a classification that he has held before, he shall not be placed in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure lower progression than he held before. Shift preference will be laid off from granted to those employees who have a shift preference request on file and to those employees, who are losing their shift or classification due to reduction of force, based on their seniority, at the Districttime of layoff. Whenever possible the Company will offer a voluntary temporary layoff to the hourly employees, however, it is understood that there will be times in the best interest of efficient operations a mandatory layoff will be required. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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, ▇▇-▇ ▇▇▇ ▇▇▇▇▇▇▇▇ retains 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 determine 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/layoff is necessary and the areas within which such reductions in force will occur. The CCAA will serve in an advisory capacity to the Superintendent. (2000) 15-2 If the Board of Trustees determines that a reduction in the existing workforce of the administrative personnel in the District is necessary, the following procedure ▇▇▇▇▇▇▇▇▇ County School District shall determine the proposed order in which the Administrator staff shall be observedreduced. The board of trustees will use the following criteria to make their determination: (2019) 15-2-1 Except as otherwise provided in sections 15-2-2 through 15-2-5, the decision to lay off an Administrator must be based solely on the overall performance of the Administrator under the statewide performance evaluation system adopted by the State Board of Education. When determining the manner in which to reduce the existing workforce, the District must lay off an Administrator whose overall performance has been determined to be: i. Temporary employees (a) Ineffective, before laying off an Administrator whose overall performance has been determined to be minimally effective, effective, or highly effective; (b) Minimally effective, before laying off an Administrator whose overall performance has been determined to be effective or highly effective; (c) Effective, before laying off an Administrator whose overall performance has been determined to be highly effective. (2018) 15-2-2 If the District determines that a further reduction in force beyond that made pursuant to 15-2-1 is necessary, the District must lay off an Administrator whose employment record includes: (a) A criminal record that resulted in the affected job classification(ssuspension of the Administrator; or (b) Disciplinary action that resulted in the suspension of the Administrator and that was uncontested or has been finally adjudicated; before laying off an Administrator whose employment record does not include such a record or disciplinary action. (2018) ▇▇-▇-▇ ▇▇▇ ▇▇▇▇▇▇▇▇ shall lay off Administrators whose employment records include disciplinary actions that resulted in the suspension of the Administrator in the order of severity of the disciplinary action, with those Administrators whose employment record includes more severe disciplinary action being laid off first. (2018) 15-2-4 If the District determines that further reduction in Administrators is necessary, the decision to lay off an Administrator must be based on the following factors: (a) Whether the Administrator is employed in a position which is hard to fill; (b) Whether the Administrator has received national board certification; (c) The type of licensure held by the Administrator; (d) The type of degree attained by the Administrator and whether the degree is in a subject area that is related to his or her position; and (e) The number of credits earned by the Administrator and whether the credits are in a subject area that is related to his or her position. (2018) 15-2-5 If, after consideration of the factors described above, two or more Administrators are similarly situated, the District may give preference to the more senior Administrator. Individual seniority shall be determined by the following: (2018) 15-2-5-1 Seniority as an Administrator in the District is the total number of years as an Administrator in the District. (2011) 15-2-5-2 If there is a tie under 15-2-5-1 seniority as an Administrator in the District is the total number of years as an Administrator in Nevada.(2018) 15-2-7 Administrators who are reduced in force when no other administrative position is available will be removed firstplaced in a teaching position in accordance with their certification and qualifications if there is a vacancy. When there are more administrative employees than reappointment positions, provisions in 15-2-5 will apply. (2018) 15-2-8 Administrators who (because of reduction in force) are placed in a teaching position will retain all previous administrative and teaching seniority. ii. Probationary ▇▇-▇ ▇▇▇ ▇▇▇▇▇▇▇▇ will recall employees in the affected job classification(s) will be removed next. iii. The regular employee(sby written notification (certified mail, return receipt requested) in the affected job classification(s) reverse order to their reduction provided that the employee is currently certified if required, and qualified for the new position. Recall notice shall be sent to the employee's last known address on file with the least seniority will be removed next. ivSuperintendent. A regular The employee removed under clause “c” above will displace the employee with the least seniority must, in the job classification at or below his/herswriting, within ten (10) school days of receipt, accept or reject the departmentoffer to return to work. The employee will have twenty (20) school days to return to duty. The recall right for employees on layoff shall continue for two years, according subject to the reverse order notification requirements. However, if before the end 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 displaced under this provision may also follow this procedure. e. When two-year period an employee acquires refuses a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/District position he or she displaces is certified and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffhold, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceemployee's layoff rights are terminated.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 Mhen it becomes necessary to implement reduce the work force in a department, the Department Head shall designate the job classification and number of employees to be eliminated within their department or division, institution or other organizational unit of their department identified in the department sections of this ordinance, in making a reduction in the work force, the following procedure . No regular employee shall be observed: i. Temporary laid off in any job classification if there are temporary employees or seasonal employees in an active status in the same job classification within the department. Any reduction in the number of regular employees holding a job classification designated by a Department Head shall be made by layoff of employees in the affected job classification(s) will following order of employment status: • Temporary promotion employees¡ • Probationary new employees¡ • Probationary transfer employees, probationary promotional employees and permanent employees. Layoffs of employees within each category of employment status shall be removed first. ii. Probationary employees in based primarily on length of continuous service within the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) department with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the shortest seniority being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department subject to the approval of the Human Resources Director. Mritten notice shall be given employees laid off out of seniority of such fact. After consultation with the Human Resources Director or a designee, the Department Head shall give notice to each regular employee affected by a reduction in force and to the recognized employee organization that represents the affected employee’s representation unit, at least seniority 14 days prior to the effective date of the action. A list containing the names of the employees to be laid off shall at the same time be given to the Human Resources Director. The notice shall include: • The reason for layoff¡ • The effective date of the action¡ • The rules governing retention on the Departmental Reinstatement List¡ and • If laid off out of seniority. If an employee has previously held permanent or probationary status in the another job classification at or below his/hers, within the department, according and was not removed therefrom for disciplinary reasons, such employee shall, upon request, be given a transfer or demotion within the department to the reverse order such other classification in lieu of job progression. v. A regular employee who layoff unless such action cannot displace be accomplished without authorization of another employee in his/her own department under “d” above, because he/she does not have sufficient seniority position or the qualifications to perform the job satisfactorily, will displace the displacement of an 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an greater seniority. The affected employee must have more seniority than the employee he/she displaces and must be qualified to perform the job request such transfer or demotion within seven days of the employee he/she displaces. The determination written notification of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event layoff by personal delivery or mailing of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forcecertified letter.

Appears in 1 contract

Sources: Memorandum of Understanding

REDUCTION IN FORCE. A When the Company, for any reason, elects to reduce the number of employees in any job classification, department or shift and to then either reassign those affected to other work or to affect a layoff from the plant, the following rules shall apply: (a) Certain jobs requiring special skills, training and/or experience have been identified as (RB) (Restricted Bumping) jobs. Employees holding title to these jobs will be restricted from being bumped by others unless they too possess the full skills and range of abilities to perform that work by virtue of their past experience and work in the same classification(s). Not withstanding the above, the employee may bump the least senior employee in any Code 09 (RB) classification of their choice, if he/she has the appropriate seniority and qualifications. If there are no employees in a Code 09 classification the least senior employee in a Code 10 (RB) classification of their choice may be bumped, if the employee exercising the option has the appropriate seniority and qualifications. The maximum number of employees that may be bumped in an RB classification shall be twenty percent (20%) of a section/department. The classifications designated as (RB), Restricted Bumping, shall be exempted from bumping and displacement by all other employees except those who are fully qualified to perform the complete range of duties required on that job by virtue of their previous training and experience gained in that classification. (b) Other than (RB) jobs, seniority, and qualifications, as contained in the job descriptions shall be the primary consideration in classification reductions, layoffs from the plant, and the bumping process. For maintenance positions that are non-(RB), seniority shall be the primary consideration in classification reductions, layoff from the plant, and the bumping process consistent with the understanding that an employee must possess the necessary ability and qualifications to perform any job to which they elect to move. Employees who are reduced or bumped in 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 first bump within the employee's own job classification will be subject to an FTE reductionand department. 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 If the employee impacted at that school/department. The reduced cannot so bump, then the employee may then exercise their right his/her seniority plant wide, provided that should the employee elect to displace bump into a classification and department where there is more than one position, he/she may bump only the least senior employee within in that classification and department. (c) Recall from layoff will be in reverse order subject to other applicable provisions governing recall, such as the job classification that holds the FTE the more senior employee had before the school/department was reduced in FTEseverance pay provision of Article XIII. The seniority impact would continue until only above provisions serve to outline the last senior employee(s) broad manner in which general staffing adjustments are impactedto be made. 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 However, should business conditions necessitate 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 significant reduction in the number of employees within a department or in laying off employees from employees, and the District. b. When it becomes necessary “bumping” procedures as outlined above would materially affect the company’s ability to implement a reduction in forceproduce critical products, 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. iiiCompany and Union agree to meet and confer. The regular employee(s) in purpose of these discussions would be to develop alternative solutions that would allow the affected job classification(s) with the least company more flexibility to continue to produce it’s critical products. Both parties recognize their commitments to 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 and the qualifications needed to perform continue producing the job satisfactorily, will displace the employee with the least seniority in the District whose job he/she can performcritical products. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 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 classifications - that does not result in a position being eliminatedis, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure Supervisor will be laid off from the District. j. In classification being reduced. Qualifications shall be determined by the event of a substantial layoffPolice Chief, but any dispute will be subject to the District will meet with the representatives grievance procedure. Supervisors shall be recalled in reverse order of the BVCEA in an effort to resolve issues related to such a reduction in force. Supervisors will have recall rights for eighteen (18) months from the date of lay-off from active duty in the department. A refusal of recall shall be considered as a resignation, and recall rights shall terminate. If a reduction occurs within a job classification, the Supervisor affected will revert to the next lower job classification. If a Lieutenant is affected, that Lieutenant will revert to a Sergeant. If a Sergeant is affected, that Sergeant shall revert to a Patrol Officer at a rank of P-4/3 and any further reduction in workforce within the Patrol Officers Unit will follow the procedures set forth in the agreement between the Town of Westborough and the Patrol Officers Unit. The Town shall send written notices of recall positions to each Supervisor who is being recalled, by First Class Mail and Certified Mail, Return Receipt Requested, notifying them of the date of return, work location and shift assignment. Supervisors who have received recall notices shall have seven (7) calendar days to respond in writing indicating that they will accept the position. The time shall begin to run two (2) days after the date of the mailing of the notice. Failure to respond to the Town’s recall shall result in removal of the person’s name from the recall list and forfeiture of further recall rights. Any Supervisor who declines such employment after having indicated that he/she would return to work as instructed shall have his/her name removed from the recall list and shall forfeit further recall rights. Supervisors who are separated from employment as the result of a layoff and, who are subsequently recalled to employment shall for the purpose of determining their salary upon recall be credited with their prior service.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. The District shall have the right to reduce its number of employees and, if necessary, discharge or terminate employees through a reduction in force (RIF) when one or more following circumstances are present: 1. A substantial decrease in pupil population 2. A substantial reduction in operating revenues 3. A substantial decrease in enrollment of a specific grade level or program, or the elimination of a program 4. The enactment of laws or court decisions that directly affect staffing and are beyond the immediate control of the Board. B. If the District anticipates a RIF, the District will notify the Federation in writing at least 30 calendar days prior to the implementation. The notice shall include the reasons for the RIF and the affected program. The Federation and the District shall meet to discuss the RIF. Employees affected will be recognized when either notified as soon as possible. C. If it becomes necessary to reduce the number of employees, the District shall attempt to avoid the RIF by means of attrition and reassignment of employees to vacancies within the District and the non-renewal of contracts for probationary employees. D. At the request of the District, a full position is eliminated or non-probationary employee may voluntarily consent to a reduction in FTE within hours of employment or to a job classificationlower classification in order to avoid lay off. 1. Should there be E. Whenever an FTE reduction that does not result in a position being eliminatedemployee is laid off, the least senior regular order of layoff shall be determined by seniority. The 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) classifications with the least seniority will shall be removed next. ivlaid off first. A regular employee removed under clause “c” above will displace the employee with the least seniority in the job classification at or below his/hersSeasonal, within the departmenttemporary, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure probationary employees will be laid off before non-probationary employees. If a position is deemed essential to the District and the employee in that position has special abilities and training for that position, then that employee may be exempted from the DistrictRIF in that classification. In such a case, the reason for the exception will be provided to the employee and Federation in writing. j. In F. The District will maintain a rehire list for one year. The employee with the event most seniority within a job classification will be re-hired first. Employees who have been RIF’d will be offered re-employment by seniority before new hires, regardless of a substantial layoffprevious classification, provided the employee is qualified for that position. G. It is the sole responsibility of the employee to keep the District will meet with advised of his/her current whereabouts. Any person selected for rehire shall be notified as soon as possible and given written notice by certified mail. An employee must accept the representatives position in writing within ten working days of the BVCEA in an effort to resolve issues related to such a reduction in forcemailing of the recall notice or the position shall be forfeited, along with all further rights under this provision.

Appears in 1 contract

Sources: Classified Bargaining Agreement

REDUCTION IN FORCE. A reduction In the event the District determines that it is appropriate to reduce the number of employees who are included in force this group, seniority will be recognized when either a full considered in identifying the person to be reduced. For this purpose seniority will be considered the length of current continuous employment with the District in an administrative assistant position. When it is determined by the district which employee position is eliminated or a reduction in FTE within a job classification. 1. Should there to 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 of that salary grade will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace notified they are scheduled for reduction unless the least senior employee within had required skills which are needed for their job. In such an instance, the job classification that holds the FTE the more next least senior employee had before would be identified for reduction. When notified that they are scheduled for reduction, an employee could "bump" the school/department was reduced least senior employee in FTEtheir current salary grade or the next lower salary grade if the employee has the skills, knowledge or capacity needed to function in the position obtained via the "bump". For the purpose of "bumping," if staff reduction should be scheduled, the following is the order of salary grades from highest to lowest: Pay Grade 4, Pay Grade 3, Pay Grade 2, and Pay Grade 1. The seniority impact would continue until only salary shall be based on the last senior employee(s) are impacted. No further reductions will occur outside lesser of their current salary or the current incumbent's salary Employees reduced via this procedure shall have recall employment rights to any position of the salary grade they were reduced from one (1) calendar year following the reduction. Recall is also dependent upon the employee having the skills, knowledge or capacity for the recall position. Employees must notify the District if they desire to use the "bump" process within five (5) days of being notified their job classificationis being reduced to qualify for "bumping." Employees do not forfeit recall rights if they opt not to "bump" another employee. Note: This will not apply Employees on "recall status" are entitled to Transportation Bus Drivers and Bus Assistant positions as use the Complaint Procedures if they have a bidding process each year for complaint regarding their assignmentsfailure to gain re-employment via the recall process. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Meet and Confer Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated or 1. In the event that the Superintendent determines that 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 covered by Article I of the District. b. When it becomes necessary to implement a reduction in forceCollective Bargaining Agreement between the Committee and the Association, the following procedure for reduction in personnel will be followed: a) If the Superintendent determines it is necessary to reduce the number of employees covered by the Collective Bargaining Agreement, it shall first attempt to accomplish said reduction by attrition. b) A teacher with professional teacher status shall not be laid off if there is a teacher without professional teacher status whose position the teacher with professional teacher status is qualified to fill. c) In the event that a reduction cannot be accomplished pursuant to Section a and/or b above, layoffs shall be observed: i. Temporary employees conducted within disciplines based on a teacher’s job performance and the best interest of the students, which is defined as follows: the teacher’s documented disciplinary record and summative overall evaluation ratings as compared to other teachers’ past summative overall evaluation ratings in the affected job classification(s) discipline targeted to be reduced, with ratings of Meets the Standards of Bristol-Plymouth Regional Technical School, Proficient and Exemplary being considered equal. The number of summative evaluations compared with include all those evaluations written for teachers during the time equal to the most recently hired professional status teacher in the targeted discipline. If there is a tie using the above criteria, review of the personnel files of the teachers in the targeted discipline will be removed done and if the teachers have similar disciplinary records, the tie shall be broken by seniority, with the least senior teacher in the discipline targeted laid off first. ii. Probationary employees d) When a Reduction in Force is to take place, the Superintendent shall give written notice to the affected job classification(semployees at least thirty (30) will be removed nextdays prior to the reduction. iii(1) An employee covered by the Collective Bargaining Agreement, who has been notified that he is to be placed on layoff in accordance with paragraph “d“ above, may within five (5) calendar days of said notification inform the Superintendent, in writing that he/she wishes to displace an employee with less seniority than he/she within a discipline in which he/she is qualified, as defined in paragraph “g” (2) of this Article. 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 wishes to displace another employee with less seniority than he/she in his/her own department a discipline in which the displacing employee is qualified and is certified may do so provided said employee has previously taught in the discipline within ten (10) years prior to the date on which the displacing employee was given a written notice layoff. (2) If the affected employee requests, within ten (10) calendar days from the date of notification under paragraph “d” above, because he/she does not have sufficient seniority and is granted a leave of absence without pay or the qualifications increment as a result of layoff pursuant 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Reduction in Force procedure, said leave shall continue for the recall period unless otherwise terminated. (3) When an employee covered by the Collective Bargaining Agreement who has not been dismissed pursuant to M.G.L. c.71, s. 42, has been granted a leave of absence as a result of layoff in accordance with the provisions of the Reduction in Force procedure, said employee shall be placed on a recall list for a period of twenty-four (24) calendar months from the effective date of the layoff. If not recalled during said period, the employee shall be terminated. (4) An employee granted a leave as set forth in e (2) above shall be entitled, during the recall period, membership in the group health or life insurance plan(s) that covers current active employees, provided, however, that the employee pays the entire cost of said insurance in monthly payments in advance of the premium due, and there shall be no contribution by the District for such employee’s insurance. (5) During said recall period, employees laid off under this paragraph shall be given priority on the substitute list provided the employee is certified or qualified as herein defined in the discipline for which a substitute is required. Employees must indicate in writing either agreement to perform substitute work at the substitute’s daily rate of pay. (6) The employee, during the period of recall, shall inform the Superintendent of his/her current mailing address and any other circumstances which could affect his/her recall status. (7) In the event that the Superintendent determines to reestablish the eliminated positions, or in the event that other vacancies occur which the Superintendent decides to fill, then employees who have been placed on layoff status who are qualified for the available position and who are in recall status shall be notified by certified mail that such a position is available. The employees so notified shall, within thirty (30) days from the Districtdate of the receipt of the notice, respond, in writing, by certified mail of their intention to return or not return to the school system. Upon the expiration of said thirty (30) days, if the Superintendent has not been notified by said employee, or if the employee has given notice of his/her intention not to return, then in such event, said employee shall terminate the leave of absence and the employee shall be considered to have resigned from the school system. j. (8) The Superintendent shall assign the most senior qualified employee among those notified in paragraph (7) to the available position, the position provided said employee was placed on layoff from the discipline of the position and provided said employee has complied with the provisions in paragraph (7). If among those notified in paragraph (7) there is no employee who was teaching in the discipline of the position immediately prior to being placed on layoff, the Superintendent shall assign the most senior qualified employee among those notified in paragraph (7). (9) Those employees who have complied with paragraph (7) above and who have not been assigned in accordance with paragraph (8) above, shall continue in recall status consistent with paragraph “e” (3) above. (10) In the event of a substantial layofflayoff pursuant to this Article, no duties performed by members of the District will meet bargaining unit may be performed by persons not in the bargaining unit except to the degree consistent with the representatives practices in effect on the effective date of the BVCEA in an effort to resolve issues related to such a reduction in forcethis Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 Effective upon ratification of the Modification and Extension Agreement and only until June 30, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur 2025, in the following manner: a. After temporary and probationary employees have been reducedevent the District determines that a reduction-in-force is necessary, the least senior regular employee within the job any position reduction shall be in inverse seniority without consideration of classification at the school/department being reduced in FTE will be the employee impacted at such that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job bargaining unit shall be the first affected unless otherwise mutually agreed upon. Effective July 1, 2025, Section 13.1 A. through F. shall control. A. An employee shall be ranked by classification that holds grouping in accordance with his/her appointment to the FTE specific classification. Groupings in descending order are: • Police Officer (including Senior Officer) • Administrative Analyst • Crisis Intervention Specialist • Police Dispatcher • Revenue Protection Guard • Police Administrative Specialist • Fare Inspection Officer • Community Service Officer • Transit Ambassador B. Position reductions within classification groupings shall be in inverse classification seniority order with the more least senior employee had before appointed to 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 classification affected job classification(s) will be removed first. ii. Probationary employees in the C. An affected job classification(s) will employee shall 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order allowed to displace another a less senior employee as provided in section 2 above, within any descending classification grouping by an exercise of department seniority providing such displacing employee must have more seniority than the employee he/she displaces and must be is fully qualified to perform the job functional tasks of the displaced employee. No training other than familiarization/orientation shall be conducted by the District. An employee failing to qualify after displacing a less senior employee by an exercise of seniority shall be laid off. D. An employee who, by an exercise of department seniority, displaces a less senior employee shall be compensated at the step in the new classification equal to or closest to his/her present step rate of pay provided that no increase in gross pay results. E. An employee laid off by the District by the above reduction in force procedure shall be recalled in a time period, one (1) year for every five (5) years of service, to a maximum of three (3) years in accordance with department seniority to a position which he/she displacesis qualified to perform. The determination of qualifications rests solely with the District. g. Under this procedureRecall shall be by certified mail, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her return receipt requested. Failure to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.indicate reinstatement intentions within five

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position A. Any employee who is eliminated or laid off because of a reduction in FTE within staff shall be notified at least two weeks in advance, when possible, by certified mail by the Office of Human Resources/Labor Relations or her/his designee. B. When the Board makes any necessary reduction in personnel, it will discuss with the Union the necessity for and the effects of such a job classificationreduction. The decision of the Board with respect to said reductions in personnel shall be final, subject to the provisions of this Article. C. The Board shall, in an instance of reduction in force, determine the grade(s) in which reductions will be made and the positions so affected. 1. Should there Probationary employees within the affected grade(s) shall be laid off in an FTE reduction that does not result order determined by the Board in a position being eliminatedinverse order of hiring. 2. Non-probationary employees within the affected grade(s) shall be laid off in the inverse order of their seniority, with the employee having 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:seniority being laid off first. a. After temporary and Non-probationary employees who have been reducedlaid off may, 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 time of their right to layoff, displace the least senior employee within the job classification that holds same grade with 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 same number of employees within a department or in laying off employees from days and hours to which they were assigned at the District. b. When it becomes necessary to implement a reduction in forcetime of their layoff, 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 provided such 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have has more seniority than the employee heto be displaced. Employee may displace the least senior employee within the next lower grade with same number of days and hours and each subsequent lower grades with the same number of days and hours if necessary, until laid off employee exhausts his/she displaces her reduction rights. b. If an employee exhausts all of her/his reduction rights referenced in paragraph 3 (a), employee shall be permitted to displace the least senior employee in the same grade with the next fewer days per year and hours per week, and subsequent lower grades, with fewer days per year and hours per week until employee exhausts his/her reduction rights, provided such employee has more seniority than the employee to be displaced. c. It is understood that in applying the language of paragraphs 3 (a) and 3 (b) above, a vacancy of the applicable grade, days, and hours must be qualified to perform filled before the job of the least senior employee he/she displaces. The determination of qualifications rests solely with the Districtis displaced. g. Under 4. Employees laid off through the procedures set forth in this procedureArticle shall be retained on a recall list for a period equal to the sum of their accrued seniority and shall be eligible for recall in reverse order of their layoff to their former position, an (should it become available, or to vacant positions within the same pay grade or lower pay grade). Any eligible employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from her/his position because of a reduction in staff shall, in the Districtevent of a vacancy in the pay grade most previously held by the employee, be given first opportunity for an interview for the vacant position before implementing the bid procedure, for the duration of this agreement, providing the employee has the qualifications for the vacancy. If the employee refuses to be recalled to the position, future recall rights shall be forfeited. j. 5. Any employee reduced in pay grade because of a reduction in staff shall, in the event of a vacancy in the pay grade most previously held by the employee, be given first opportunity for an interview for the vacant position before implementing the bid procedure, for the duration of this agreement, providing the employee has the qualifications for the vacancy. If the employee refuses to be recalled to the position, future recall rights shall be forfeited. 6. In the event of the vacancy of a substantial layoffhalf-time position, the District will meet with the representatives any employee reduced from full-time to half-time because of the BVCEA in an effort to resolve issues related to such a reduction in forcestaff, shall be granted the vacant half-time position provided hours and location are compatible, in order of recall, to return said employee to full time without implementing the bid procedure, providing the employee is capable of performing the duties of the vacancy. Every effort shall be made by administration and the union to work out an agreement on the hours, i.e., a.m. or p.m. It is understood that no application of the seniority standard for purposes of the aforesaid layoff and recall procedures shall in any manner compel the school district to retain or recall any person in any position for which she/he cannot perform all the duties and meet all the requirements of the position, as set forth in the job description. D. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. E. Notice of recall from layoff shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Labor Relations, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that each employee is responsible for keeping the Board advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address. F. Employees who exercise their seniority option to displace other employees shall be paid the highest wage rate in the lower grade, as determined by their years of continuous employment, or their present wage rate, whichever is less.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. SENIORITY DATE AND QUALIFICATIONS: 1. The District retains the right to determine when a reduction in force will is necessary, the number of employees whose employment must be recognized when either a full position terminated and the areas of employment and / or school district operations within which such reductions in force shall occur. Once it is eliminated or determined that a reduction in FTE within a job classificationforce is necessary, the District will agree to meet with the Association and discuss the pending Reduction in Force. 12. Should there In the event the District determines that classified employee staff must be an FTE reduction that does not result in a position being eliminatedreduced, the least senior regular employee following criteria shall be used in selecting employees for retention: a) Temporary and probationary employees within the job classification will selected for layoff shall 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 assignmentslaid off first. 2. Should there be a position completely eliminated, the following will take place: a. District b) District-wide 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 3. Prior to implement implementing a reduction in force, the following procedure shall be observed: i. Temporary employees in the affected job classification(s) consideration will be removed given to transferring employees whose positions are being eliminated into positions that are available at the time of the reduction based on retirements, resignations, and leaves of absences, and new positions. The decision to utilize these options will be at the discretion of the District. 4. Reduction in Force Procedures a) When it is determined that a Reduction in Force is necessary, the least senior employees District- Wide will be reduced first. iib) Once a District-Wide reduction in force occurs, Area-Wide involuntary transfer procedures will be followed until all positions are filled. 5. Probationary employees No employee shall be replaced by another employee not qualified for such classification. 6. Seniority or “seniority date” shall mean the most recent date of employment with the District. Any resignation or termination of employment which results in the affected job classification(s) employee leaving the District shall constitute a “break” in seniority. For the purpose of staff reduction, seniority date shall mean the first working day after the most recent break in service, if any. 7. An employee’s seniority date for reduction in force and bumping purposes shall encompass all periods of service from the employee’s last continuous employment date. Periods of separation may not be bridged to extend such service unless the separation is a result of a reduction in force in which bridging 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 authorized if the employee with the least seniority is re-employed in the job his / her classification at or below his/hers, within the departmentperiod of his / her reduction in force eligibility, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displacesB.2. The determination of qualifications rests solely with the Districtbelow. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. 8. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such that a reduction in forceforce is necessary for School Maintenance personnel, Maintenance Levels I, II, III, as noted on the pay schedule, shall not be taken into consideration and all employees will be considered equal.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction In the event the District determines that it is appropriate to reduce the number of employees who are included in force this group, seniority will be recognized when either a full considered in identifying the person to be reduced. For this purpose seniority will be considered the length of current continuous employment with the District in an administrative assistant position. When it is determined by the district which employee position is eliminated or a reduction in FTE within a job classification. 1. Should there to 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 of that salary grade will be the employee impacted at that school/department. The reduced employee may then exercise their right to displace notified they are scheduled for reduction unless the least senior employee within had required skills which are needed for their job. In such an instance, the job classification that holds the FTE the more next least senior employee had before would be identified for reduction. When notified that they are scheduled for reduction, an employee could "bump" the school/department was reduced least senior employee in FTEtheir current salary grade or the next lower salary grade if the employee has the skills, knowledge or capacity needed to function in the position obtained via the "bump". For the purpose of "bumping," if staff reduction should be scheduled, the following is the order of salary grades from highest to lowest: Pay Grade 4, Pay Grade 3, Pay Grade 2, and Pay Grade 1. The seniority impact would continue until only salary shall be based on the last senior employee(s) are impacted. No further reductions will occur outside lesser of their current salary or the current incumbent’s salary Employees reduced via this procedure shall have recall employment rights to any position of the salary grade they were reduced from one (1) calendar year following the reduction. Recall is also dependent upon the employee having the skills, knowledge or capacity for the recall position. Employees must notify the District if they desire to use the "bump" process within five (5) days of being notified their job classificationis being reduced to qualify for "bumping." Employees do not forfeit recall rights if they opt not to "bump" another employee. Note: This will not apply Employees on "recall status" are entitled to Transportation Bus Drivers and Bus Assistant positions as use the Complaint Procedures if they have a bidding process each year for complaint regarding their assignmentsfailure to gain re-employment via the recall process. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Meet and Confer Agreement

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 In the event 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 reduce staff due to the abolishment of a reduction in forceposition, lack of funds, lack of work or building closures, the following procedure shall be observedgovern such reductions: i. Temporary A. Reductions shall first be made through attrition resulting from resignations, retirements and transfers. B. When the Board has determined the need for reduction either system-wide or within a department or building, new employees in an initial probationary, temporary or provisional status shall be laid off first. C. Reductions shall be by classification. Shorter hour positions within a given classification shall be eliminated before other positions. D. Employees whose positions are eliminated shall have displacement (bumping) rights. Such employees may first bump within their classification. An affected employee may bump the least senior employee in the classification, providing she/he has more classification seniority. E. An employee who is displaced from the classification may bump the least senior employee in a lower classification within the classification series, providing he/she has more classification seniority and has the qualifications and ability to perform the essential functions of the job to which they are bumping. Such employee shall be given a ten (10) working day trial period to determine if he/she has the qualifications and ability to perform the essential functions of the job.* If the employee cannot successfully perform the job duties after this period then he/she shall be granted further displacement rights in accordance with this Article. F. Classification series are as follows: Network Manager Network Technician Head Mechanic Skilled Maintenance**Assistant Bus Mechanic Assistant Mechanic/Maintenance Head Custodian Unlicensed Custodian *Shipping/Receiving and Delivery Food Service Driver Cleaners Groundskeeper *If in the opinion of the Administration an employee does not possess the minimum qualifications for the Shipping/Receiving and Delivery position, the trial period may be denied. INTERPRETER Interpreter Aide Bus Driver Security Guard LRC Technician Long Distance Learning Technician Admn. Secy Computer Oper/Acct. School Secretaries Data Processing Recept./PBX Oper. Attendance Clerk Clerk Typist Court Liaison Teacher Aide/Handicapped Aide/Library Aide Handicap Attendant Bus Aide Playground/Lunchroom Monitor Assistant Cook Cashier-Accountant Cafeteria Aide/H.S. Cashier G. Exception to bumping least senior employee in a classification: if bumping least senior employee requires affected employee to suffer a loss of hours/day or days/year, then the affected job classification(semployee may bump the position held by the least senior employee having an equal number of hours/days or, if such a position does not exist, the least senior employee having the greatest number of hours/days that do not exceed what the affected employee had in the previously held position. The principle here is to allow employees to bump based on seniority into positions closest to their original position in terms of total hours. H. An employee may only bump another employee who has less classification seniority. I. At any point in the displacement process, an affected employee may bump back into a classification in which previously employed, on the basis of his/her classification seniority in the former classification. J. Any member laid off shall retain recall status for a period of twenty-four (24) months during which time the Board shall not hire any new employee or promote any present employee in any classification affected by a reduction until all employees reduced or laid off have been offered an opportunity to be reinstated. During any lay-off period, promotions will be granted only when they will not interfere with the recall of any laid-off employees. ▇. ▇▇▇ (10) working days prior to effective date of any lay-off the Board will notify, in writing, each employee to be laid off, a copy of which will be given to the President of the Association. Employee notification shall include reason for lay off, recall and reinstatement rights. L. Vacancies which occur after any reduction shall be offered by certified mail to the highest seniority employee on the reinstatement list, if the vacancy is within the employee's classification, at which time employee must respond within three (3) workdays. In the event the position is declined, the employee's name will be removed first. iifrom the reinstatement list and the next employee in line shall be offered the position. Probationary employees in If, at 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 time of recall, 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 is physically unable to perform the job satisfactorily, will displace the employee with the least seniority in the District whose job heto which s/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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedurehe is being recalled, his/her seniority reinstatement rights will go with the jobnot be lost as a result thereof. f. In order M. It shall be the responsibility of any laid-off employee to displace another provide the Board, during any lay-off period, their current mailing address. If the registered notice is returned unopened, that employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the Districtconsidered as resigned. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Negotiations Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees, who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the following procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position is eliminated which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution. (d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures. (e) Displacement procedures will take place in the following order: (1) Once a reduction in FTE position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be displaced. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, 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 in the classification working in another department. (3) If there are no other positions 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 whose position has been reduced will displace the least senior employee with the least seniority in any equal or lower paying position previously held by that regular employee or is placed in a vacancy in the job classification at or below his/hers, within highest paid position available that the department, according to the reverse order of job progressionemployee previously held. v. A regular (4) An 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 has been displaced from his/her job classification under this procedure will receive as a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced. (5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be laid off reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY. (6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position. (7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the Districtreduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only. j. (8) In order to be eligible for assignment/transfer to any position in this process, a displaced employee must meet the event of a substantial layoff, minimum qualifications for the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceposition.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. In the event the Board determines to engage in a reduction in force due to declining enrollment, a lack of work, financial reasons, or building reorganization, the reduction or layoff shall be accomplished only by the provisions of this Article. B. Systems seniority as defined in Article 24 – Definitions will be recognized when either applied in this process. If the effective dates of actually starting work are equal, then to determine seniority employees shall draw one card from a full position is eliminated or single deck of cards (single suit). The order of seniority shall then be determined from high to low (Ace being the highest in seniority, 2 being the lowest in seniority). A union representative shall be present during such tie breakers. The listed seniority for employees hired prior to the effective date of this Master Agreement will not change as a result of this amendment to this subsection. C. A bargaining unit seniority list shall be provided annually by the Treasurer, upon request by the OAPSE President. The Superintendent shall provide at least twenty (20) working days’ notice to the Union President before the Board acts on a reduction in FTE within a job classificationforce or hours. 1D. The number of employees affected by reductions or layoffs shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire or otherwise vacate a position. E. Within the particular job classification affected by the layoff or reduction, temporary, intermittent, seasonal, provisional or probationary employees will be reduced or subject to layoff first. Should there be an FTE reduction that does not result in a position being eliminatedThereafter, additional reductions or layoffs shall begin with the least senior regular employee within in the job classification will be subject to an FTE reductionaffected classification(s) and continue until the reduction and/or layoff is completed. Throughout BVSD Employees affected by the reduction in FTE will force shall have the right to bump pursuant to Section F. F. Bumping shall only occur within a classification series. Employees who choose to bump shall have the right to do so in the following manner: 1. Bumping up classification series is prohibited. a. After temporary and probationary employees Employees affected by a reduction in force or hours shall 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 bump the least senior employee within their current classification in the job classification that holds the FTE the more following order: (1) The least senior employee had before within their current classification having the school/department was reduced same daily hours as their RIF’ed position. (2) The least senior employee within their current classification having no more than two (2) additional hours as their RIF’ed position. (a) The least senior employee within their current classification having the closest in FTE. The seniority impact would continue until only hours to their RIF’ed position with fewer hours than their RIF’ed position. (b) However, after determining the last step 3(a) position, the employee may voluntarily accept the least senior employee(s) are impacted. No further reductions will occur outside of the next lesser hour position (closest in hours to former position). (c) Any employee who is either required (or who volunteers) to accept a position with fewer hours shall have the right to restoration under section “H” of this Article. b. If no such position is available and the employee does not choose to accept a lesser hour position, the affected employee shall have the right to bump in the same manner (“a” 1,2,3, above) into the classification immediately below theirs, within the same series. Such bumping rights continue down job classification. Note: This will not apply lines within the classification series in the same manner, and cease when an employee has no position they can bump into or chooses to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year accept layoff. c. Nothing in this article shall prohibit an employee from volunteering for their assignmentsLayoff at any step of this procedure. 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 Employees who bump into lower rate 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 classification shall be observed: i. Temporary employees in paid at 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 appropriate pay rate for that classification at or below his/hers, within the department, according to the reverse order based on their years 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely service with the District. g. Under this procedure3. The following classification series (lettered below) shall be used for the purpose of defining both classifications, an employee cannot displace another employee who is and classification lines (numbered below) in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.layoff and/or reduction: a. Clerical Classification Series (1) Secretaries b. Educationally Related Classification Series (1) Paraprofessionals

Appears in 1 contract

Sources: Master Agreement

REDUCTION IN FORCE. A In the event the Board of Directors, in its exclusive judgment, ultimately decides that a reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE implemented, the Board shall specify the number of positions to be authorized within a each job classification. 1. Should there Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an FTE reduction that does not result employee in a position being eliminated, higher paying job classification shall have the least senior regular right to "bump" employees in lower paying job classifications in which the higher paid employee within the was previously employed. An employee who “bumps" to a lower paying job classification will be subject placed on the applicable seniority list for that classification according to an FTE reductionthe employee’s prior District service (promotion date) in that rank. 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 Employee(s) cannot ”bump" into a lower paying job classification that holds they were not previously employed and successfully completed probation, unless while during probation in the FTE lower paying job classification the more senior employee had before was promoted into 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 higher paying job classification. Note: This Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2commence with the highest job classification. 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(sThose employee(s) will be removed first. ii. Probationary employees "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the affected lower paying job classification(s) will be removed next. iiiclassification. The regular employee(s) in In the affected job classification(s) with the least seniority will be removed next. iv. A regular event that an employee removed under clause “c” above will displace the employee with the least seniority in the ''bumps'' to a lower paying 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 accordance 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article, their salary shall be immediately reduced to the step of the lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employees name from the recall List, unless, said employee is determined to be totally disabled. Physical examinations shall be at the District. j. 's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any such reduced or laid-off employee fails to report for duty within thirty (30) days after mailing a written notice by registered mail to the last known address, they shall have lost the right to be rehired or advanced hereunder. In the event of that an employee is advanced from a substantial layoff, the District will meet job classification to another job classification in accordance with the representatives provisions of paragraph 5 above, their salary shall revert to the step of the BVCEA in an effort to resolve issues related to such higher range that would have applied had there not been a reduction in forcejob classification as a result of a general lay-off.

Appears in 1 contract

Sources: Memorandum of Understanding

REDUCTION IN FORCE. A reduction in force will be recognized when either a full position is eliminated a. In the event the Superintendent determines to abolish secretarial staff positions 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 reduce 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) secretarial staff unit, layoff 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 progressionseniority within the secretarial staff classifications, subject to qualifications and skills. The Superintendent and/or his or her designee shall be the sole judge of qualifications, so long as such determination is not unreasonable. v. A b. For the purposes of this Article, there are two secretarial staff job classifications: (1) Secretaries (2) Clerical Aides c. For purposes of the agreement: (1) Total continuous time as a regular employee who cannot displace another employee in his/her own department under “d” above, because he/she does not have sufficient seniority a position covered by this Agreement 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 bargaining unit in months and days shall be used to compute an employee’s length of service (seniority) in a secretarial staff position. An employee displaced from his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, acquire seniority after completing the probationary period and his/her seniority will go shall then date from the beginning of employment. (In case of a situation where two or more members of the bargaining unit are appointed on the same date, and there is need for reduction in force within the classification, they shall draw lots to establish their relative seniority status). (2) The length of service of an employee shall be broken and no prior periods of employment with the jobBelmont Public Schools shall be counted if such employee: voluntarily resigns his or her employment, or is discharged by the School Committee. (3) The length of service of an employee shall not be broken, but no seniority shall accrue, if an employee who has been discharged only for reasons of reduction in force is re-employed in a position covered by this Agreement within a period of 18 months immediately following the end of the recall period. d. Secretarial Staff who are to be affected by a reduction in force shall be notified thirty (30) calendar days prior to the date on which the reduction is to be effective, or payment will be made in lieu thereof. e. Secretarial Staff who are on layoff shall, for twelve (12) months after the effective date of layoff, be provided an opportunity according to seniority status to apply for a position in their classification that become available during this period. f. In order Appointment to displace another employee such vacancies shall be based on merit and specific qualifications for each vacancy as provided in section 2 above, an employee must have more seniority than determined by the employee he/she displaces administrator involved and must the Superintendent for Curriculum and Instruction. Such determination shall not be qualified subject to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtarbitration. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit himshall have the right to refuse re-employment for a longer or shorter work year without jeopardizing his/her to remain at work under the provisions of this procedure will be laid off from the Districtlayoff status. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction (RIF) 10.1 Because the College's staffing must be expanded and/or reduced for reasons as determined by the College including, but not necessarily limited to, fluctuations in force will enrollment or availability of funding, it may 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 necessary 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 reduce the number of employees within a department or in laying off employees, re-assign employees from full-time to part-time status or reduce the Districtnumber of annual work days and/or hours of employees. b. When it becomes necessary 10.2 If a RIF necessitating either the lay-off, reduction to implement a 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 forcewriting 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 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 following procedure 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 observed:considered days for the purpose of this notice. i. Temporary 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 affected job classification(s) classification titles covered by this Agreement will be removed firstdischarged 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. ii10.4 Persons shall be retained as full-time employees 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. Probationary employees Equal skill shall be judged on current occupational or discipline skills in the affected job classification(s) will be removed nextprogram area as determined by the College. iii10.5 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 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 regular employee(s) Employees shall be reinstated to positions for which they are fully qualified, as determined by the departments, 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 progressionlay-off or reduction. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force will When the Board determines it necessary to reduce the number of bargaining unit positions or hours/days of a position due to financial reasons or lack of work, the following procedures shall apply: A. The Board shall determine the specific positions to be recognized when either a full position is eliminated or a reduction in FTE within a job classificationeliminated. B. Attrition and retirement shall be the first used methods by the Board to accomplish RIF’s. C. The next method for RIF shall be seniority. 1. Should there be an FTE reduction that does not result Seniority is defined, in this Article, as the length of continuous service, including approved leaves of absence, from the most recent date of employment in the Brown Local School District as a regular contracted employee 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 assignmentsbargaining unit position. 2. Should there Ties will be broken by the date of employment in the Board minutes. D. Classified personnel affected by a position completely eliminatedRIF shall be given written notice, by certified mail, as soon as possible but no later than April 30. The notice shall include the reason for the RIF, the following will take place: a. District seniorityeffective date of the RIF, rather than departmental seniority, and a copy of the seniority list. A copy shall prevail when reducing be provided to the number of employees within a department or in laying off employees from the DistrictUnion President. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. E. In the event of a substantial layoffRIF, an affected employee may bump a less senior employee within his/her current classification. If there is no one to bump in that classification, the District will meet employee may displace a less senior employee in a prior classification, if any, in which the employee has actually worked as a regular employee. F. The Board shall determine in which classifications the RIF shall occur and the number of employees to be affected. G. Employees who are affected by a RIF pursuant to this Article shall be recalled in order of seniority to positions within the classification held prior to the RIF. H. An employee who is affected by a RIF shall remain on the recall list for two (2) years unless he/she waives his/her recall right in writing, resigns, fails to accept recall to a position in his/her classification with the representatives like hours/days prior to being affected, or fails to report to work within ten (10) working days after written notice of the BVCEA in an effort to resolve issues related to such a reduction in forcerecall.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction in force The Superintendent is authorized to layoff employees if a position has been abolished or if he/she determines a layoff is appropriate due to insufficient funds or work. When the District has decided to initiate a layoff, the minimum of fourteen (14) calendar day notice of layoff will be recognized when either a full position is eliminated or a reduction in FTE within a job classification. 1provided. Should there be an FTE reduction that does not result in a position being eliminated, the least senior regular employee within the job classification The order of layoff will be subject to an FTE reduction. Throughout BVSD determined by seniority from 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/departmentappropriate seniority lists. The reduced employee may then exercise their right district will attempt 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 limit the number of employees within a department or in laying to those laid off employees to the number of positions (from the Districtbargaining unit in full-time equivalents) that were cut from the budget. a. In determining which employee or employees are to be laid off the district shall, first, ascertain the classification of the position or positions which the Superintendent has decided must be vacated. The least senior employee or employees in the district holding a job with the same classification shall be laid off. b. When it becomes necessary If a position within a building is abolished or reduced from a full to implement a reduction in forcepart-time position, and no employee holding the following procedure shall be observed: i. Temporary employees position in the affected job classification(s) will be removed first. ii. Probationary employees building is susceptible to layoff in the affected job classification(s) will be removed next. iii. The regular employee(s) in the affected job classification(s) accordance with the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace provisions with Paragraph a above, the employee with the least seniority in the building will be reassigned to another building in which there is a vacant position with the same job classification at and same status (either full-time or below his/herspart-time). In the event no vacant qualifying position exists the employee may then elect to bump the employee in the same classification and status who has the lowest bargaining unit seniority. However, when a position's hours are reduced an employee eligible for reassignment pursuant to this paragraph may opt out to remain within the departmentbuilding working at reduced hours. c. An employee may refuse a reassignment under Paragraph b above and opt to be placed on the recall list where: 1) The proposed reassignment is to a location more than twenty miles away from the employee's former position; or 2) The proposed reassignment is to a position requiring a different number of days or hours of employment during the work week or a different pay level. d. If an employee refuses a position requiring the same number of days, according hours of work, or pay level as presently assigned and which is also at a location 20 miles or closer to the reverse order employee's present position this refusal will be treated as a resignation and the employee terminated. Offers of job progressionreassignment and their acceptance may be verbal but must be confirmed in writing within five days. v. A regular e. An employee who cannot displace another employee is laid off in his/her own department under “d” above, because he/she does not have sufficient seniority or accordance with the qualifications to perform the job satisfactorily, will displace the provisions of Paragraph a above may bump an employee with the least bargaining unit seniority in the District whose another job classification within this agreement which he or she has previously held successfully and for which he/she can perform.continues to be qualified, provided: c. A regular 1) The laid off employee displaced from his/provides the district with notice of his or her job classification under this procedure will receive a minimum desire to bump within three days of thirty days notice.receipt of the notice required by paragraph 4 above; and d. Any regular 2) The laid off employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more has greater seniority than the employee he/he or she displaces and must be qualified proposes to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the Districtbump. g. Under this procedure, an employee cannot displace another f. An employee who is has been bumped in a higher rated job classification. h. Under accordance with this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her paragraph will be laid off pursuant to remain at work under the provisions of this procedure Article. The person who has displaced the bumped employee will not be laid off from entitled to occupy the District. j. In the event of a substantial layoff, the District will meet position or receive any compensation associated with the representatives position until the notice period prescribed in paragraph 4 has expired with respect to the bumped employee. Provided that the time requirement prescribed in paragraph 4 of this section commences when the employee notifies the district of the BVCEA desire to bump, as in an effort accordance with paragraph 4b of this section. An employee subject to resolve issues related layoff who has bumped another employee in accordance with this paragraph shall not be entitled to such a reduction in forcecompensation during the period between the effective date of his or her original layoff and the effective date of the bumped employee's layoff.

Appears in 1 contract

Sources: Negotiated Agreement

REDUCTION IN FORCE. A In the event the Board of Directors, in its exclusive judgment, ultimately decides that a reduction in force will shall be recognized when either a full position is eliminated or a reduction in FTE implemented, the Board shall specify the number of positions to be authorized within a each job classification. 1. Should there Procedure: The Fire Chief shall then designate those employees to be laid off in accordance with the Board's specified number of authorized positions in each job classification and in accordance with the following procedures. Employees shall be laid-off in inverse order of seniority by job classification except that an FTE reduction that does not result employee in a position being eliminated, higher paying job classification shall have the least senior regular right to "bump" employees in lower paying job classifications in which the higher paid employee within the was previously employed. An employee who “bumps" to a lower paying job classification will be subject placed on the applicable seniority list for that classification according to an FTE reductionthe employee’s prior District service (promotion date) in that rank. 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 Employee(s) cannot ”bump" into a lower paying job classification that holds they were not previously employed and successfully completed probation, unless while during probation in the FTE lower paying job classification the more senior employee had before was promoted into 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 higher paying job classification. Note: This Upon reduction employee must complete the probation period in lower paying classification. Employee(s) to be laid-off will not apply to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignments. 2commence with the highest job classification. 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(sThose employee(s) will be removed first. ii. Probationary employees "bumped” and be integrated into the appropriate lower paying job classification prior to any employee being laid-off in the affected lower paying job classification(s) will be removed next. iiiclassification. The regular employee(s) in In the affected job classification(s) with the least seniority will be removed next. iv. A regular event that an employee removed under clause “c” above will displace the employee with the least seniority in the ''bumps'' to a lower paying 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 accordance 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will Article, their salary shall be immediately reduced to the step of the lower salary range which would have applied had the employee never been promoted to the higher paying position. Prior to an employee being laid off off, said employee may be required to submit to a physical examination with a District paid physician. Said examination shall be based on present District physical, taking into consideration employee's age at the time of said examination. If said examination determines an employee to be physically disabled, and impaired their ability to be recalled, said employee may apply for disability benefits provided by the District. A disability shall not remove an employee’s name from the recall List, unless, said employee is determined to be totally disabled. Physical examinations shall be at the District. j. 's expense. When vacancies occur within two (2) years after the date an employee is laid-off under this Article, the employee shall be given the opportunity to be rehired or advanced to their former classification provided a vacancy exists in the classification, in accordance with seniority and prior to the employment of any new employee in that classification; provided, however, that such reduced or laid-off employee meets the physical and other qualifying standards in effect at the time that they had been previously appointed to the classification into which they seek to be returned. If any such reduced or laid-off employee fails to report for duty within thirty (30) days after mailing a written notice by registered mail to the last known address, they shall have lost the right to be rehired or advanced hereunder. In the event that an employee is advanced from a job classification to another job classification in accordance with the provisions of paragraph 5 above, their salary shall revert to the step of the higher range that would have applied had there not been a reduction in job classification as a result of a substantial layoffgeneral lay-off. If at any point in time during the two (2) year reinstatement period (as identified above), the District reclassifies the job descriptions, but maintains similar job functions, the employees who were directly affected by the initial lay-off from their previously held positions, will meet with be granted re-hiring rights under the representatives new job description/classification. This will remain in effect for the entire duration of the BVCEA in an effort to resolve issues related to such a reduction in force.two

Appears in 1 contract

Sources: Memorandum of Understanding

REDUCTION IN FORCE. 2001 In the event of a reduction in force (layoff), the Employer will endeavor to give thirty (30) days’ notice to the Union and Employees. The Employer agrees to meet with the Union to inform the Union of such reduction in force. A reduction in force shall be accomplished within a specific Unit and classification, as determined by job qualifications, based on seniority. 2002 Laid off Employees shall be given a severance of two (2) weeks’ pay for each year of service to a maximum of twenty-six (26) weeks. 2003 An Employee whose position has been eliminated in a reduction in force will be recognized when either a full offered any vacant position in the same unit, same status and same classification for which the Employee is eliminated or a reduction in FTE within a job classification. 1qualified, after completion of the posting process. Should there be an FTE reduction that does not result in a position being eliminated2004 If the affected Employee declines the vacant position, 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 affected Employee may then exercise their right to displace the least senior employee Employee within the job classification that holds Unit where 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 Employee currently works 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 same classification and status provided 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be Employee is qualified to perform the job of the employee he/she displacesEmployee being displaced. The determination If no such position is available, the Employee may displace the least senior Employee in the Region in the same classification and status. 2005 Failure to exercise seniority within the Unit as described above shall result in the layoff of qualifications rests solely with the District. g. Under affected Employee. 2006 An Employee on layoff status pursuant to this procedureArticle shall be offered, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions reverse order of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with first available vacancy in the representatives classification and Unit from which the Employee was laid off before a new Employee is hired in that classification, provided that, in the opinion of the BVCEA Employer, the Employee possesses the experience and skill defined in the posted requirements. This will occur only after completion of the internal posting process. 2007 An Employee on layoff status shall have rights to recall for one (1) year. 2008 Should an effort Employee on layoff status decline to resolve issues related return to such work when a vacancy arises within the same job classification, status and Unit, the Employee will be removed from the layoff list. 2009 Nothing herein shall prevent the parties from mutually agreeing to modify the above procedure, should a reduction in force.force occur. 2010 Units within the Region are defined as follows: Hawaii Oahu Maui

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A A. In the event of a reduction in force will be recognized when either a full position is eliminated or a reduction in FTE within a job functional classification, classification seniority shall first be controlling in inverse order. B. Thereafter, an employee must first revert to any position or classification previously held for which the employee is qualified, utilizing District date-of-hire seniority. The employee’s classification seniority date shall be the original date of entry into the classification. C. However, an employee may bump to any position or classification not previously held, or for which the employee is qualified, utilizing District date-of-hire seniority. The employee's classification seniority date shall be the date of entry into the classification. 1. Should there be an FTE reduction that does not result in a The employee must first bump into any open/unfilled position being eliminatedwithin the classification, or 2. If no open/unfilled position exists, the least senior regular employee may use his/her date-of-hire seniority to bump within the classification. 3. The person whose job was bumped shall exercise his/her seniority to bump within the classification. 4. Thereafter, all bumps for affected employees in lower classification will shall be subject governed by District date-of-hire seniority. 5. Finally, if there are no positions in eBART to bump into, employees may apply to vacant positions in core BART. D. In the event any position is reinstated or there becomes an FTE reductionopening, the position shall first be offered within the functional classification. Throughout BVSD Thereafter: 1. Employees separated from the classification due to a reduction in FTE will occur force shall be afforded a single option to be reinstated to the classification in the following manner: a. After temporary and probationary employees have been reducedinverse order in which they were removed. If the affected employee has subsequently bid to a new classification, the least senior regular employee within the job classification at the schoolhe/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 she shall have a bidding process each year for their assignmentssingle option to utilize this section. 2. Should there The affected employee shall select any open position within the classification. 3. Classification seniority shall be the original date of entry into the classification. 4. Employees separated from the District shall have the option of applying for a position completely eliminatedin a lower classification at a lower pay level. However, said employee can reject such an offer and still remain on the recall list. E. Employees separated from the District by reduction in force shall be recalled by District date-of-hire seniority based on the following formula: each employee shall have recall rights for a period of two (2) years from the date of separation. Seniority for such recalled employees shall continue up to reinstatement. In the event any position is reinstated or opened, the following will take placeposition shall be first put through the bid procedure within the pick unit. Thereafter: a. District 1. The recalled employee shall first bump into the classification by use of original classification 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. iii2. 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 person 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, was bumped shall exercise his/her seniority will go to bump within the classification. F. The District shall send Notices Of Recall (reinstatement) by certified mail, return receipt requested, or by email and shall copy the union on all notices by email. The District shall be responsible for notifying an employee only if the employee has provided the District with the jobcorrect email and mailing address. Employees on the reinstatement list shall have ten (10) calendar days from the receipt of certified mail or email to accept or reject the reinstatement. Employees shall have the right to reject, without prejudice, offers of re-employment of less than sixty (60) calendar days. Acceptance shall be made by email or certified mail, return receipt requested. Absent illness and/or disability, failure to accept or reject reinstatement within ten (10) calendar days will result in loss of recall rights. Notice and proof of illness and/or disability must be supplied to the District within ten (10) calendar days from the date of recall notice. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the G. No job training of the displacing employee heother than familiarization/she displaces. The determination of qualifications rests solely with orientation shall be provided by the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 If it becomes necessary 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 reduce the number of employees within or the number of hours in a department job classification due to abolishment of positions, financial reasons, lack of work, the closing of schools, or any other reasons set forth in laying off employees from the District. b. When it becomes necessary to implement a reduction in forceO.R.C. §3319.17, the following procedure shall govern such reductions. Affected employees shall be observedreduced according to seniority. Affected employees shall be allowed to bump a less senior employee within the same classification based on classification seniority. In the event an affected employee is the least senior in the classification, he/she may bump into the next lower classification within the series based on system seniority. No upward bumping shall be permitted. In the case of an employee having to bump into the next lower classification within the series, if another reduction in force takes place series seniority shall prevail over classification seniority for purposes of the reduction. If an affected employee is the least senior in the series, he/she may bump a less senior employee within another classification provided he/she had been contracted to work in the classification for at least two (2) years within the previous five (5) years based on system seniority and if he/she currently possesses any necessary licenses/certification for the position. The following classifications included in the bargaining unit shall be used for the purpose of defining series/classifications in the event of a reduction: i. Temporary employees in A. Transportation Series •Bus Mechanics •Bus Drivers B. Cafeteria Series •Head Cooks •Cooks D. Maintenance Series F. Aides G. Utility Person Consideration shall be given to June 1 as being the affected job classification(seffective date for reductions. Each employee to be reduced shall be given ten (10) will days advance written notice of the reduction. Each notice shall state the following: A. Reasons for staff reduction B. Effective dates of reduction C. A statement advising the employee of his/her rights concerning reinstatement D. A copy shall be removed first. ii. Probationary employees in given to the affected job classification(s) will be removed next. iiiLocal President. The regular employee(saffected employee’s name shall be carried for reinstatement for a period of twenty-four (24) months from the effective date of the reduction in force. If an employee is recalled during this period, such employee shall retain all previous accumulated seniority, all rights related to salary, and fringe benefits. In the affected job classification(s) event of a recall, the Union shall be notified as soon as possible. The notice of reinstatement shall be made by email with the least seniority will Local President copied. Recall of employees shall be removed next. iv. A regular employee removed under clause “c” above will displace the employee with the least seniority in to the job classification held at or below his/hers, within the department, date of the reduction. Reinstatement in each classification will be 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee most senior employees being offered recall first. The position available shall first be posted and bid as provided in section 2 above, an Article 6 within the classification only. If no current employee must have within the classification with more seniority than the employee on the recall list takes it, the employee on the recall list with the most seniority in that classification shall be offered reinstatement. An employee being offered reinstatement shall have ten (10) days from the date of receipt to respond to the Local Superintendent. The response shall be in writing. It is the responsibility of the employee involved to advise the Board of an email address where he/she displaces and must can be qualified reached. Any employee who declines reinstatement shall be removed from the reinstatement list. If a position is not filled by an employee belonging to perform the job of classification in which the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedurereduction occurred, an employee cannot displace another from one of the other classifications may apply and be considered for the position if the employee who is has proper certification or qualifications. There shall be no reduction in salary upon reinstatement or reassignment to a higher rated job position in the same classification. h. Under this procedure. However, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her members applying and recalled and reassigned to remain at work under a different classification, the salary shall be determined according to the provisions of Article 6. The custodial classification shall be separated into full-time and part-time for the purpose of this procedure will be laid off from Article. Full-time shall mean the Districtemployee works twelve (12) months a year and eight (8) hours per day and part-time shall mean the employee works less than twelve (12) months per year and less than eight (8) hours per day. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A In the event of 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 eliminatednecessitates the layoff of any employee from the system, the employee with the least senior regular employee seniority 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 bargaining unit will be the first to be laid off regardless of his position. However, in order to be retained or recalled the employee impacted or employees must be able to perform available work efficiently. Employees to be laid off for an indefinite period of time will be given a written notice of layoff at that school/departmentleast ten (10) working days prior to the effective date. The reduced employee may then exercise their right Also, the employer shall give written notice to displace the least senior employee within Local Union President and 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 Chairperson of the job classificationGrievance Committee on the same day as the employee is notified. Note: This will not apply When it is necessary 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 reduce the number of employees within a department or in laying off employees from any job classification due to elimination of the District. b. When it becomes necessary to implement job, a reduction in forcethe number of employees in that job or other reason, the following procedure shall be observed: i. Temporary employees in employee on 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. ivreleased from that job. A regular Such employee removed will then be allowed to displace an employee with less unit seniority on another job classification provided the displacing employee is able to satisfactorily perform the duties of the job the employee seeks to displace into. Any employee displaced under clause “c” above will displace this procedure will, in turn, have a like right until, by the process of elimination, the employee with the least unit seniority is laid off or, if no layoff is contemplated, is assigned other work by the Employer. Employees on layoff shall be placed at the top of the substitute list and given priority status and will be paid the regular union rate of pay for the job they are performing. Employees who are collecting unemployment compensation benefits agree to forfeit their eligibility for such benefits for the day(s) they are called to work and do not report for work. Laid off employees shall have their sick leave frozen during the time of layoff. Employees shall be removed from the lay off list after a two year period, and shall no longer be subject to recall. Any employee who has been accepted into a new position through the displacement procedure will be placed in the job classification at or below his/hers, within new position no later than the department, according first week after acceptance. SECTION 5 - Probation - New employees shall be on probation for a period of one hundred twenty (120) working days before they accrue seniority rights and the right 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 release such probationary employees shall be vested exclusively 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 Employer regardless of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the other provisions of this procedure will Agreement. Probationary employees retained in excess of one hundred twenty (120) working days shall have seniority from date of hire. The one hundred twenty (120) working day probationary period may be laid off from the Districtextended by mutual agreement by thirty (30) days. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A 8.1 In the event that a reduction in force is deemed necessary by the Board, the president of the Union shall be notified within five (5) days of when the Board took this action. 8.2 Reduction in force shall first be accomplished by staff turnover whenever possible. a. ESP will be recognized when either a full position is eliminated or a have reduction in FTE force rights in their current job classification within a job classification. 1the District. Should there be an FTE reduction that If ESP turnover does not result in a position being eliminated, eliminate 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 need 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 ESP with the least seniority in the job affected classification at or below his/hersshall be laid off, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be that remaining ESP are qualified to perform the job work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal. (1) For purposes of this Article, seniority within the District will be computed from the beginning of the employee heESP’s most recent period of continuous employment within the District in the job classification. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the District. In the event an ESP accepts a bargaining unit position in a different classification within the District they shall begin to accrue seniority in the new classification, but shall retain their former seniority in the previous classification, which shall be restored to them in the event the ESP returns to a position in the previous classification within the District without a break in service. (2) The provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/she displacesPersonal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the District. For purposes of this Article, seniority among Paraeducators and Behavior/Personal Care Attendants employed by the District will be computed from the beginning of the Paraeducator’s and Behavior/Personal Care Attendant’s most recent period of continuous employment in the job classification within the District. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the Paraeducator or Behavior/Personal Care Attendant signed the contract with the District. The determination job classifications covered by this section and the use of qualifications rests solely the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Pre-Kindergarten Assistants, Behavior Interventionists and Personal Care Attendants. c. Upon an ESP changing jobs within the District, due to RIF or Recall from RIF all of the ESP’s leave benefits shall carry forward to the ESP’s new job/classification, insofar as the new position has comparable benefits; otherwise, leave would be handled as if the ESP separates from employment with the District. g. Under this procedured. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence, an employee canor by layoff, but such time will not displace another employee who is be counted in a higher rated job classificationcomputing seniority. h. Under this procedure, an employee may not acquire additional work hours e. Seniority in displacing another employeethe District will be established annually as of February 1 for the preceding fiscal year. i. f. ESP regularly scheduled to work at least thirty-five (35) hours per week accrue seniority on a full-time basis; ESP regularly scheduled to work less than thirty- five (35) hours per week accrue seniority on a pro-rata basis. g. When seniority is equal, input from evaluations and recommendations by immediate supervisor will be taken into consideration and the Superintendent will make the final decision. 8.3 An employee whose seniority does not permit him/her ESP hired to remain at work under the provisions of this procedure will specifically with an individual student may be laid off with two weeks’ notice in the event the student moves, transfers, or there is a change in the student’s Plan so that the individual ESP is no longer required. An ESP so notified may apply for any open bargaining unit position within the District for which they are qualified, and shall be given preference in the filling of the position. The ESP will be made aware of this clause at the time of hire and/or assignment to position. 8.4 If there is a vacancy in a negotiating unit position within the District, laid off ESP who are currently qualified to perform the work in the job classification and who were laid off will be recalled in seniority order. Laid off ESP shall retain the right to recall for a period of two (2) years beginning September 1 following the effective date of layoff. Notice of recall will be given by certified mail to the last address given to the Board by the ESP. A copy of the notice of recall will be given to the Union. If an ESP refuses a recall one time to a position with comparable pay and FTE or does not respond within the 12-day period, the ESP will be removed from the District2-year recall list. j. 8.5 In the event of a substantial layoffthat the laid off ESP is unable to obtain other group health insurance, the Board shall permit the ESP to continue in the current medical insurance plan under COBRA at the group rate which the school District will meet pays, provided this does not conflict with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceinsurance carrier’s regulations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A 8.1 In the event that a reduction in force is deemed necessary by the Board, the president of the Union shall be notified within five (5) days of when the Board took this action. 8.2 Reduction in force shall first be accomplished by staff turnover whenever possible. a. ESP will be recognized when either a full position is eliminated or a have reduction in FTE force rights in their current job classification within a job classification. 1the District. Should there be an FTE reduction that If ESP turnover does not result in a position being eliminated, eliminate 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 need 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 ESP with the least seniority in the job affected classification at or below his/hersshall be laid off, 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be that remaining ESP are qualified to perform the job work. However, a more senior ESP may be laid off before a less senior ESP if the Board can show that there is a demonstrably significant difference in training, knowledge, experience and performance between that senior ESP and each less senior ESP of those employed in the classification. Seniority will be followed when training, knowledge, experience and performance are equal. (1) For purposes of this Article, seniority within the District will be computed from the beginning of the employee heESP’s most recent period of continuous employment within the District in the job classification. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the ESP signed the contract with the District. In the event an ESP accepts a bargaining unit position in a different classification within the District they shall begin to accrue seniority in the new classification, but shall retain their former seniority in the previous classification, which shall be restored to them in the event the ESP returns to a position in the previous classification within the District without a break in service. (2) The provisions of this sub-section shall become applicable at such time as the Superintendent provides Special Education and other remedial services as required by Act 153 or 46, as may be amended. All Paraeducators and Behavior/she displacesPersonal Care Attendants covered by this Agreement, either currently or as a result of compliance with Act 153 or 46 (as may be amended) shall become employees of the District. For purposes of this Article, seniority among Paraeducators and Behavior/Personal Care Attendants employed by the District will be computed from the beginning of the Paraeducator’s and Behavior/Personal Care Attendant’s most recent period of continuous employment in the job classification within the District. This period of continuous employment will begin to accrue as of the first day worked for the District. Seniority will be determined by the first day of work. If it is equal, it will be determined by the date the Paraeducator or Behavior/Personal Care Attendant signed the contract with the District. The determination job classifications covered by this section and the use of qualifications rests solely the general term ‘paraeducator’ shall include Paraeducators, Individual Assistants, Pre-Kindergarten Assistants, Behavior Interventionists and Personal Care Attendants. c. Upon an ESP changing jobs within the District, due to RIF or Recall from RIF all of the ESP’s leave benefits shall carry forward to the ESP’s new job/classification, insofar as the new position has comparable benefits; otherwise, leave would be handled as if the ESP separates from employment with the District. g. Under this procedured. Seniority will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence, an employee canor by layoff, but such time will not displace another employee who is be counted in a higher rated job classificationcomputing seniority. h. Under this procedure, an employee may not acquire additional work hours e. Seniority in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with be established annually as of February 1 for the representatives of the BVCEA in an effort preceding fiscal year. f. ESP regularly scheduled to resolve issues related work at least thirty-five (35) hours per week accrue seniority on a full-time basis; ESP regularly scheduled to such a reduction in force.work less than thirty-five

Appears in 1 contract

Sources: Collective Bargaining Agreement

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, 15-1 The District retains 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 determine 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/layoff is necessary and the areas within which such reductions in force will occur. The CCAA will serve in an advisory capacity to the Superintendent. (2000) 15-2 If the Board of Trustees determines that a reduction in the existing workforce of the administrative personnel in the District is necessary, the following procedure Churchill County School District shall determine the proposed order in which the Administrator staff shall be observedreduced. The board of trustees will use the following criteria to make their determination: (2019) 15-2-1 Except as otherwise provided in sections 15-2-2 through 15-2-5, the decision to lay off an Administrator must be based solely on the overall performance of the Administrator under the statewide performance evaluation system adopted by the State Board of Education. When determining the manner in which to reduce the existing workforce, the District must lay off an Administrator whose overall performance has been determined to be: i. Temporary employees (a) Ineffective, before laying off an Administrator whose overall performance has been determined to be minimally effective, effective, or highly effective; (b) Minimally effective, before laying off an Administrator whose overall performance has been determined to be effective or highly effective; (c) Effective, before laying off an Administrator whose overall performance has been determined to be highly effective. (2018) 15-2-2 If the District determines that a further reduction in force beyond that made pursuant to 15-2-1 is necessary, the District must lay off an Administrator whose employment record includes: (a) A criminal record that resulted in the affected job classification(ssuspension of the Administrator; or (b) Disciplinary action that resulted in the suspension of the Administrator and that was uncontested or has been finally adjudicated; before laying off an Administrator whose employment record does not include such a record or disciplinary action. (2018) 15-2-3 The District shall lay off Administrators whose employment records include disciplinary actions that resulted in the suspension of the Administrator in the order of severity of the disciplinary action, with those Administrators whose employment record includes more severe disciplinary action being laid off first. (2018) 15-2-4 If the District determines that further reduction in Administrators is necessary, the decision to lay off an Administrator must be based on the following factors: (a) Whether the Administrator is employed in a position which is hard to fill; (b) Whether the Administrator has received national board certification; (c) The type of licensure held by the Administrator; (d) The type of degree attained by the Administrator and whether the degree is in a subject area that is related to his or her position; and (e) The number of credits earned by the Administrator and whether the credits are in a subject area that is related to his or her position. (2018) 15-2-5 If, after consideration of the factors described above, two or more Administrators are similarly situated, the District may give preference to the more senior Administrator. Individual seniority shall be determined by the following: (2018) 15-2-5-1 Seniority as an Administrator in the District is the total number of years as an Administrator in the District. (2011) 15-2-5-2 If there is a tie under 15-2-5-1 seniority as an Administrator in the District is the total number of years as an Administrator in Nevada.(2018) 15-2-7 Administrators who are reduced in force when no other administrative position is available will be removed firstplaced in a teaching position in accordance with their certification and qualifications if there is a vacancy. When there are more administrative employees than reappointment positions, provisions in 15-2-5 will apply. (2018) 15-2-8 Administrators who (because of reduction in force) are placed in a teaching position will retain all previous administrative and teaching seniority. ii. Probationary 15-3 The District will recall employees in the affected job classification(s) will be removed next. iii. The regular employee(sby written notification (certified mail, return receipt requested) in the affected job classification(s) reverse order to their reduction provided that the employee is currently certified if required, and qualified for the new position. Recall notice shall be sent to the employee's last known address on file with the least seniority will be removed next. ivSuperintendent. A regular The employee removed under clause “c” above will displace the employee with the least seniority must, in the job classification at or below his/herswriting, within ten (10) school days of receipt, accept or reject the departmentoffer to return to work. The employee will have twenty (20) school days to return to duty. The recall right for employees on layoff shall continue for two years, according subject to the reverse order notification requirements. However, if before the end 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 displaced under this provision may also follow this procedure. e. When two-year period an employee acquires refuses a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/District position he or she displaces is certified and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffhold, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in forceemployee's layoff rights are terminated.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 ‌ 2301 In any reduction in force, the following procedure Employer shall determine the number of full-time and/or part-time positions in each classification which will be eliminated. A reduction in force shall only result from a business necessity. 2302 Reduction in force shall be observed: i. Temporary employees in defined as 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(selimination of an employee’s position(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 a location or a reduction 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is head count in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her location. Reduction from full-time to remain at work under the provisions of this procedure will part-time or on-call status is deemed to be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.. Reduction of hours of part-time employee(s) which results in a status change to on-call or results in the loss of coverage under ▇▇▇▇▇▇ Foundation Health Plan and of the Dental Plan is deemed to be a reduction in force. 2303 The Parties agree to meet and confer regarding the displacement of any regular full-time or part-time employee prior to said employee exercising his/her bumping rights. The Parties will review all open bargaining unit positions in lieu of said employee exercising bumping rights. The Parties agree to place the affected employee in an available open position for which he/she is qualified, the Union agrees to waive posting and seniority for purposes of said placement. However, should the employee decline placement in an open position for which he/she is qualified, that is comparable in pay, status, shift, and job responsibility, then said employee shall be laid off and have no further bumping rights. 2304 A laid off employee may refuse a job offer and retain full recall rights if the job offered is not comparable in status, shift, and classification to his/her former position at the time of layoff or is more than thirty (30) miles from the employee’s original work location. A laid off employee who accepts a job that is not comparable shall retain recall rights for the remaining term back to a comparable status, shift, and classification within his/her Area at the time of layoff. If an employee rejects an open comparable position offered at any time during the reduction in force process within the Area, the employee shall be laid off with no further recall rights. 2305 Employees who are not placed as provided for above, will be eligible to exercise bumping rights according to the process below:

Appears in 1 contract

Sources: National Agreement

REDUCTION IN FORCE. A reduction in force 15.1 The number of employees will be recognized when either a full position reduced at the sole discretion of the Board in situations where changes in program, enrollment or budget require it. In so far as it 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 eliminatedpossible, the least senior regular employee reduction shall be accomplished through voluntary attrition. When this is not possible, the reduction will be based on seniority within the job classification categories for which the employee is qualified. 15.2 For the purposes of this Article, seniority will begin to accrue as of the date beginning an employee’s most recent period of continuous employment in the school district, and will continue to accrue during all paid leaves of absence. Seniority will not be broken by unpaid leaves of absence (including a RIF procedure leave), but time away during such unpaid leave will not be counted in computing seniority. This will also apply to Earned Benefits such as accumulated Sick Leave, computation of Vacation days due, and position on the seniority List used for RIF purposes. These earned benefits will not continue to accrue during the unpaid leave, but will be subject reinstated upon the employee’s return 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 assignmentsemployment. 2. Should there be a position completely eliminated, 15.3 A seniority list that indicates the following will take place: a. District seniority, rather than departmental seniority, shall prevail when reducing the number date each bargaining unit member signed his or her original Personnel Contract (for that employee’s most recent period 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(scontinuous employment) will be removed firstundated and posted annually in the building, and this list will be used to determine seniority for the purposes of this Article, with the contract signing date being used in the need of a tie-breaker for situations where equal years of continuous employment occur. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another 15.4 An employee who is laid off shall be recalled for openings for which she/he is qualified. Employees shall be recalled in a higher rated job classification. h. Under this procedureorder of seniority, with most senior employee being recalled first. These rights shall remain in place for two (2) years after the date of being notified of the layoff. The employee shall be responsible for providing the Monroe School District with an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her up to remain at work under the provisions of this procedure date address to which recall notices will be sent by registered mail. Support Personnel who turn down an employment offer of a similar nature to the position that he or she was laid off from the Districtwith equal or greater hours will lose all rights to recall. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A reduction 23-1 The Board shall determine when reductions in force will are necessary and which job categories* or occupations** shall be recognized affected. Employees within affected job categories or occupations shall be considered for retention on the basis of School District need and who meets the qualifications for the remaining positions. The determination of who best meets the qualifications shall rest solely with the Board. The following factors shall be considered when either a full position is eliminated classified staff are to be reduced in force: (a) retirements, resignations and normal attrition shall be considered first; (b) all probationary staff (6 months or a reduction less) shall be reduced in FTE force before any regular employee; (c) employees with the least amount of seniority in the District shall be the first to be reduced in force within a job classification. 1category or occupation; (d) if seniority is the same among employees, evaluation, documented job performance, job related cross-trained skills, affirmative action considerations, and required job skills as determined by testing will identify who is to be reduced in force. Should there Any employee who is to be reduced shall be so notified in writing at least two (2) weeks prior to the effective date of the reduction. The Board shall forward a list of those employees being reduced to the Association on the same date that the notice of reduction is issued to an FTE employee. Any employee who is to be reduced in their assignment shall be placed on a re-employment list or lists, as may be required by the effective date of the reduction that does not result and shall be eligible for re- employment in the first vacant position for which they are qualified in inverse order of the reduction. The re- employment list or lists shall expire after twelve (12) months of the effective date of the reduction and has precedence over new hires, promotions or other action which would fill a position being eliminated, the least senior regular employee within the job classification will be subject to an FTE reductionon a permanent basis. 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 An employee who cannot displace another employee is reemployed in his/her own department under “d” above, because he/she does not have sufficient seniority or the qualifications to perform the previous 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 title within one year of his/her job classification under this procedure will receive a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with termination date shall be placed at the job. f. In order to displace another employee as provided step in section 2 above, an employee must have more seniority than the salary schedule which was in effect at the time the employee he/she displaces left, and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure all sick leave benefits which had been accumulated will be laid off from the Districtreinstated. Supervisor III, Paraprofessional Instruction, Paraprofessional Health & Technology, Paraprofessional Special Education, Secretary/Clerk, Secretary School/Office Secretary ACHS, Printer Specialist, Printing Aide, Campus Monitor, Transition Advisor, Warehouse Worker, Lead Warehouse Worker, Assistant Child Care Center Coordinator I, II and III, Group Leaders and Paraprofessionals of Child Care Centers, ▇▇▇▇ of Child Care Centers, Bus Driver Assistant Trainer, Registrar *Job Occupations are defined as: Paraprofessional Instructional: child care, office instructional, Title I, attendance liaison, adult literacy program intake coordinator, media, home visitors, ESL tutors, bilingual, attendance clerk, child care supervisor, speech/language assistant, special populations, health clerk, paraprofessional. Paraprofessional PreSchool/Group Leader Paraprofessional Special Education: autism spectrum disorder concentration, behavior team, assistive technology. Secretary/Clerk: entry level secretaries, counseling secretaries, coordinator’s secretaries, director’s assistant secretaries, clerks, liaison. Secretary School/Office: elementary/middle school principal’s secretary, manager’s secretary, alternative high school principal’s head secretary. Secretary HS – high school principal’s secretary. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A Reduction In Force, and the manner in which it is executed, applies to all Teamster represented positions only. Employees who have worked in any of the collective bargaining agreements between Teamsters Local 14 and the CITY, retain seniority and reduction in force rights for previously held positions within those Contracts. City of ▇▇▇▇▇▇▇▇▇ employees working outside of these Contracts have no seniority rights to return to a previously held position within these Contracts. Section 1: A Reduction In Force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) Notice of at least thirty (30) calendar days will be recognized when either given to employees whose positions are reduced through a Reduction In Force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is reduced and/or a Reduction In Force takes place, the f o l lo w in g procedure will apply: (a) All temporary and regular part-time would be laid off first. Employees that are serving the twelve (12) month probationary status within the classification that is to be reduced shall be laid off next. Should a probationary employee be laid off for a period of time longer than they worked for the City and are subsequently rehired, they will be required to serve a full 12 month probationary period. If rehired before that timeframe, they will be given previous credit towards the completion of their probationary period. (b) Regular employees whose positions are reduced shall be permitted to exercise their CITY seniority to move laterally or downward to a position is eliminated which they previously held within the CITY. (c) Regular employees who, as a result of a Reduction In Force, are placed into previously held classification may be subject to a training period of up to six (6) months. Should the employee be unable to safely and effectively perform the work of this classification, the Human Resource Director and President of Teamsters Local 14 will meet to negotiate an appropriate solution. (d) Regular employees who are not placed in other positions may elect to accept the Reduction In Force or pursue displacement procedures. (e) Displacement procedures will take place in the following order: (1) Once a reduction in FTE position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be displaced. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, 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 in the classification working in another department. (3) If there are no other positions 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 whose position has been reduced will displace the least senior employee with the least seniority in any equal or lower paying position previously held by that regular employee or be placed in a vacancy in the job classification at or below his/hers, within highest paid position available that the department, according to the reverse order of job progressionemployee previously held. v. A regular (4) An 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 has been displaced from his/her job classification under this procedure will receive as a minimum of thirty days notice. d. Any regular employee displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions result of this procedure will have the same rights under Section 2(e)(3) as the employee whose position was initially reduced. (5) If the displaced employee does not meet the requirements of the previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the employee’s qualifications will be laid off reviewed by the Human Resources Director or designee to determine if there are other placement options within the CITY. (6) Employee(s) who exercise their seniority rights to return to a previously held position will be paid at the top rate for that position. The change to the employee’s rate of pay will occur at the beginning of the 1st full pay period in the previously held position. (7) Employee with seniority rights to a previously held position(s) may waive this right and volunteer for layoff from the Districtreduced classification. The employee would be placed on the Reduction in Force Eligibility List and subject to recall to vacancies in that classification only. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 eliminatedEffective upon ratification of the Modification and Extension Agreement and only until June 30, the least senior regular employee within the job classification will be subject to an FTE reduction. Throughout BVSD the reduction in FTE will occur 2025, in the following manner: a. After temporary and probationary employees have been reducedevent the District determines that a reduction-in-force is necessary, the least senior regular employee within the job any position reduction shall be in inverse seniority without consideration of classification at the school/department being reduced in FTE will be the employee impacted at such that school/department. The reduced employee may then exercise their right to displace the least senior employee within the job bargaining unit shall be the first affected unless otherwise mutually agreed upon. Effective July 1, 2025, Section 13.1 A. through F. shall control. A. An employee shall be ranked by classification that holds grouping in accordance with his/her appointment to the FTE specific classification. Groupings in descending order are: • Police Officer (including Senior Officer) • Administrative Analyst • Crisis Intervention Specialist • Police Dispatcher • Revenue Protection Guard • Police Administrative Specialist • Fare Inspection Officer • Community Service Officer • Transit Ambassador B. Position reductions within classification groupings shall be in inverse classification seniority order with the more least senior employee had before appointed to 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 classification affected job classification(s) will be removed first. ii. Probationary employees in the C. An affected job classification(s) will employee shall 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order allowed to displace another a less senior employee as provided in section 2 above, within any descending classification grouping by an exercise of department seniority providing such displacing employee must have more seniority than the employee he/she displaces and must be is fully qualified to perform the job functional tasks of the displaced employee. No training other than familiarization/orientation shall be conducted by the District. An employee failing to qualify after displacing a less senior employee by an exercise of seniority shall be laid off. D. An employee who, by an exercise of department seniority, displaces a less senior employee shall be compensated at the step in the new classification equal to or closest to his/her present step rate of pay provided that no increase in gross pay results. E. An employee laid off by the District by the above reduction in force procedure shall be recalled in a time period, one (1) year for every five (5) years of service, to a maximum of three (3) years in accordance with department seniority to a position which he/she displacesis qualified to perform. The determination of qualifications rests solely with the District. g. Under this procedureRecall shall be by certified mail, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her return receipt requested. Failure to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.indicate reinstatement intentions within five

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. 7.1 The School Board agrees that reduction in the Professional Staff will not be made arbitrarily or capriciously. 7.2 The administration or School Board shall advise the staff of any contemplated reductions in the Professional Staff in order for the Association to be heard on the subject, if it wishes, at a school board meeting before the final decision of specific reductions is made. 7.3 Unless basis in fact can be shown for not re-hiring a senior staff member, seniority with a level II certification in the endorsement area shall have first preference at retaining available positions. For the purposes of this Article, seniority will be computed from the beginning of a staff member's most recent period of continuous employment in the School District. Seniority will begin to accrue as of the date on which the individual contract was signed. Part-time staff members will accrue seniority on a pro-rata basis. Staff members employed after the 1976-77 school year will begin to accrue seniority as of the date their individual contracts are received in the central office by the Superintendent or the Superintendent's Administrative Assistant. Seniority will continue to accrue during all paid leaves of absence for a period of two (2) years from the effective date of any layoff. Seniority will not be broken by unpaid leaves of absence, nor by employment by the School Board in a position outside the negotiating unit, but such time will not be counted in computing seniority. When seniority is equal, ability to perform the work in question, as determined by the Superintendent, will be the deciding factor. 7.4 A staff member about to be terminated under a staff reduction may apply for any vacancies in the school district for which he or she is certified. If, in the judgment of the Superintendent, the staff member is sufficiently qualified and properly licensed and endorsed to hold the position, the Superintendent shall recommend that staff member be given preferential consideration over candidates not already employed by the School Board. Such judgment shall not be exercised arbitrarily nor capriciously. 7.5 If the School Board decides to eliminate a position in the School District and therefore decides not to re-employ a staff member for the ensuing year, notice to this effect may be given to the staff member as late as April 15. 7.6 Instructional staff members on lay-off status shall be accorded preferential consideration for any normal employment as substitutes within the school district. Such staff members who desire employment as substitutes shall request such employment in writing. 7.7 All staff members about to be terminated under a reduction in force shall be granted reasonable time off for the purpose of interviewing at nearby schools at which positions exist. 7.8 Any staff member terminated under a staff reduction will have first opportunity to fill the position so eliminated if it later becomes available during the ensuing two (2) years. Instructional staff 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 notified by certified mail and will be subject allowed to an FTE reductionrespond. 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 It 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 responsibility of the job classification. Note: This will not apply teacher to Transportation Bus Drivers and Bus Assistant positions as they have keep 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) current address on file with the least seniority will be removed nextSuperintendent. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. This Article 23, Reduction in Force, and the manner in which it is executed, applies to all HPOA represented positions only. Section 1: A reduction in force may take place upon approval of the City Council and is defined as any involuntary separation wherein management eliminates a position. (a) The CITY may eliminate any position. (b) The CITY will notify the ▇▇▇▇▇▇▇▇▇ Police Officers Association prior to any City Council action that relates to a reduction in force. (c) Notice of at least thirty (30) calendar days will be recognized when either given to HPOA employees whose positions are eliminated through a full reduction in force. In lieu of notice, an equivalent amount of salary, based on the employee’s regular work schedule, will be paid to the employee. Section 2: When a position is eliminated or and/or a reduction in FTE force takes place, the following procedure will apply: (a) All HPOA employees that are serving the twelve month probationary status within the classification that is to be eliminated shall be laid off first. (b) HPOA employees whose positions are eliminated shall be permitted to exercise his/her CITY seniority to move laterally or downward to a position within the HPOA for which they meet the minimum requirements as determined by the Director of human Resources or his/her designee. (c) HPOA employees who are not placed in other positions may elect to accept the reduction in force or pursue displacement procedures. (d) Displacement procedures will take place in the following: (1) Once a position within a job classification. 1. Should there be an FTE reduction that does not result in classification has been identified for elimination within a position being eliminateddepartment, the least senior regular employee in that classification position within the job classification department will be subject first to an FTE reduction. Throughout BVSD the reduction be eliminated. (2) The displaced employee will, in FTE will occur in the following manner: a. After temporary and probationary employees have been reducedturn, 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 in the classification. (3) If there are no other positions 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 whose position has been eliminated will displace the least senior employee with the least seniority in the job HPOA in any lower paying classification at or below his/hers, within the department, according to the reverse order of job progression. v. A previously held by that 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. (4) An employee whose seniority does not permit him/her to remain at work under the provisions who has been displaced as a result of this procedure will be laid off from have the Districtsame rights under Section 2.e.3 as the employee whose position was eliminated. j. In (5) If the event displaced employee does not meet the requirements of a substantial layoffthe previously held classification due to changes in the classification or employee qualifications, or if the classification no longer exists, the District employee’s qualifications will meet be reviewed by the Director of Human Resources or designee to determine if there are other placementoptions within the HPOA. (6) Notice of at least 30 calendar days must be given to employees whose positions are to be eliminated through Reduction in Force. In lieu of notice, or less than 30-day notice, an employee shall be paid the amount of salary the employee would have, received based on the employee’s regular work schedule, had a 30- day notice been given. Section 3: Reduction in Force (RIF) Eligibility List Rights. (a) If displacement options have been exhausted, employees will be placed on a Reduction in Force (RIF Eligibility List for all classifications that they have previously held within the HPOA. Employees will remain of the RIF Eligibility List for that classification for a period of three years, or a period equal to their length of employment, whichever is less. (b) The RIF Eligibility List will have precedence over all other Eligibility Lists. (c) Displaced employees on Reduction in Force (RIF) Eligibility Lists will be considered eligible for HPOA in-house recruitment, for positions for which they are qualified, for a period of three years, or a period equal to their length of employment, whichever is less. (d) If more than one employee is placed on the RIF Eligibility List, the employees will be ranked in order by seniority for each classification previously held. The employee with the representatives most seniority within the classification will have the first option when a position becomes available in that classification. (e) An employee who is placed in a position from such a RIF Eligibility List may be required to pass a background check and a qualifying period. The employee will be placed at the step closest to the step that he/she was at prior to the RIF. (f) Employees on RIF Eligibility Lists waive their reinstatement privileges if they fail to respond to a re-employment notice within fifteen calendar days after notice is mailed to the last known address. Section 4: HPOA employees who resign in good standing from employment in the HPOA may request in writing, within one (1) year after such resignation, that their name be placed upon a rehire list for the classification held upon resignation. (a) Requests shall be submitted to the Human Resources Director and willrequire the approval of the BVCEA City Manager, Human Resources Director, and the former department head before the individual making the request can be placed upon the rehire list for that classification. The individual making the request shall be notified in writing upon approval or denial of request. All decisions of the Human Resources Director will be final. (b) The rehire list will be utilized in the same manner as an effort open competitive list and the hiring authority will have the opportunity to resolve issues related conduct selection interviews with individuals from both lists. (c) Individuals placed on the rehire list will remain on that list for a maximum of one year. (d) Upon rehire, employees will have their salary set at the current entry level for the classification and serve a probationary period consistent with the current time period for that classification. (e) Individuals rehired will be subject to such a reduction in forcethe same background procedures currently being utilized for new hires and may be subject to additional testing as deemed necessary by the Human Resources Department.

Appears in 1 contract

Sources: Labor Agreement

REDUCTION IN FORCE. A A. In the event the Board determines to engage in a reduction in force due to declining enrollment, a lack of work, financial reasons, or building reorganization, the reduction or layoff shall be accomplished only by the provisions of this Article. B. Systems seniority as defined in Article 24 – Definitions will be recognized when either applied in this process. If the effective dates of actually starting work are equal, then to determine seniority employees shall draw one card from a full position is eliminated or single deck of cards (single suit). The order of seniority shall then be determined from high to low (Ace being the highest in seniority, 2 being the lowest in seniority). A union representative shall be present during such tie breakers. The listed seniority for employees hired prior to the effective date of this Master Agreement will not change as a result of this amendment to this subsection. C. A bargaining unit seniority list shall be provided annually by the Treasurer, upon request by the OAPSE President. The Superintendent shall provide at least twenty (20) working days’ notice to the Union President before the Board acts on a reduction in FTE within a job classificationforce or hours. 1D. The number of employees affected by reductions or layoffs shall be kept to a minimum by not employing replacements, insofar as it is practical, for employees who resign, retire or otherwise vacate a position. E. Within the particular job classification affected by the layoff or reduction, temporary, intermittent, seasonal, provisional or probationary employees will be reduced or subject to layoff first. Should there be an FTE reduction that does not result in a position being eliminatedThereafter, additional reductions or layoffs shall begin with the least senior regular employee within in the job classification will be subject to an FTE reductionaffected classification(s) and continue until the reduction and/or layoff is completed. Throughout BVSD Employees affected by the reduction in FTE will force shall have the right to bump pursuant to Section F. F. Bumping shall only occur within a classification series. Employees who choose to bump shall have the right to do so in the following manner: 1. Bumping up classification series is prohibited. a. After temporary and probationary employees Employees affected by a reduction in force or hours shall 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 bump the least senior employee within their current classification in the job classification that holds the FTE the more following order: 1. The least senior employee had before within their current classification having 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 same daily hours as they have a bidding process each year for their assignmentsRIF’ed position. 2. Should there be a position completely eliminated, the following will take place:The least senior employee within their current classification having no more than two (2) additional hours as their RIF’ed position. a. District seniority, rather The least senior employee within their current classification having the closest in hours to their RIF’ed position with fewer hours than departmental seniority, shall prevail when reducing the number of employees within a department or in laying off employees from the Districttheir RIF’ed position. b. When it becomes necessary to implement a reduction in forceHowever, after determining the step 3(a) position, 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 employee may voluntarily accept the least seniority will be removed next. iv. A regular employee removed under clause “c” above will displace senior of the employee with the least seniority next lesser hour position (closest in the job classification at or below his/hers, within the department, according hours 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 performformer position). 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in either required (or who volunteers) to accept a higher rated job classification. h. Under this procedure, an employee may not acquire additional work position with fewer hours in displacing another employee. i. An employee whose seniority does not permit him/her shall have the right to remain at work restoration under the provisions section “H” of this procedure will be laid off from the DistrictArticle. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Master Agreement

REDUCTION IN FORCE. A In the event that a reduction in force among the KEOPG Group becomes necessary, the following procedures will be recognized when either a full position is eliminated or a reduction in FTE within a job classification.utilized: 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 Normal attrition will be subject first explored to ascertain the need for a reduction and to determine the specific positions impacted. 2. This procedure is designed to provide job security to the most meritorious and senior employee. However, in no event, will a more senior person with less quality performance be retained solely on the basis of seniority. Further, an FTE reduction. Throughout BVSD the reduction employee offering a special or useful service and/or an up-to-date skill not evident 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 will be retained, despite the school/department was reduced in FTEseniority of the other employee. 3. The seniority impact would continue until only Group shall be divided into the last senior employee(sfollowing job classifications: a. Executive Administrative Assistant b. Administrative Assistant I c. Administrative Assistant II 4. Each employee shall further have a time status classification within each job classification as follows: (a) are impactedfull-time, (b) regular, or (c) part-time. 5. No further reductions will occur outside of the Reduction in force shall be accomplished by: (a) job performance; (b) relevant experience, training and/or education for job classification. Note: This will not apply to Transportation Bus Drivers , as defined below; (c) job classification, as defined above; and Bus Assistant positions (d) time status classification, as they have a bidding process each year for their assignmentsdefined above. 26. Should there Initially, employees shall be ranked by time status classifications within each job classification on a position completely eliminatedlist prepared by the Director of Human Resources according to seniority. Seniority is defined as length of continuous service in the Keene School District. Job sharers will accrue seniority on the same basis as part-time employees. 7. Once the initial list is developed for each time and job classification by seniority, the following will take placeadditional criteria shall be followed: a. District Past performance, determined by the three most previous evaluations, will affect seniority, rather than departmental seniorityi.e., if two full-time employees were hired at the same time and one had above average evaluations, the other outstanding, the outstanding evaluation would give the second person precedence over the first. Employees on a written performance improvement plan shall prevail when reducing the number of employees within a department or in laying off employees from the Districtbe impacted first. b. When it becomes necessary to implement a reduction in forceIf two employees were hired at the same time and they each had outstanding evaluations, then the following procedure shall additional information, deemed to 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 of benefit to the reverse order of job progressionDistrict, would be considered in determining which employee would be retained: special skills, demonstrated abilities, relevant training, and relevant education/degree. 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces and must be qualified to perform the job of the employee he/she displaces. The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoff, the District will meet with the representatives of the BVCEA in an effort to resolve issues related to such a reduction in force.

Appears in 1 contract

Sources: Collective Bargaining Agreement

REDUCTION IN FORCE. A 11.1 All bargaining unit positions and classifications shall be filled by employees of the Employer. 11.2 In the event that any reduction in staffing levels becomes necessary because of abolishment of positions, lack of funds, or lack of work, the following procedures shall govern such reduction. 11.3 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position. 11.4 Whenever it becomes necessary to lay off employees by reasons as stated above, employees within the affected classification shall be laid off according to seniority, with the least senior employee laid off first. Seniority for the purpose of reduction in force shall be determined by the original district hire date of the employee and the length of uninterrupted continuous service. Authorized leaves of absence do not constitute an interruption in continuous service. In case of identical seniority, ties will be recognized when either broken first by the initial date of service with the Employer in any capacity, and if still tied, by drawing from a full position is eliminated or deck of cards in the presence of a reduction member of the administration and a Union officer. 11.5 The following classifications shall be used in FTE within the event of a job layoff: 1. Bus Driver 5. Maintenance 2. Cooks 6. Secretaries 3. Custodians 7. Mechanic 4. Paraprofessional/Cashier Note: This list does not represent the order in which layoff may occur. Exclusions would be: School Treasurer's office employees, the Superintendent's secretary, and the administrative assistant's secretary. For the purpose of layoff and recall any individual who has been considered a maintenance/custodian will be considered to be in the maintenance classification. 11.6 The Employer shall determine in which classifications the layoff should occur and the number of employees to be laid off. In the classification of layoff, employees on probation shall be laid off before any employee in that classification employed under a continuing contract is laid off. 11.7 Twenty (20) days prior to the effective date of layoffs, the Employer shall prepare and post for inspection in a conspicuous place a list containing the names, seniority dates and classifications, and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. A copy of list shall be provided to the President of Local 339. Each notice of layoff shall state the following: 1. Reasons for the layoff or reduction. 2. The effective date of layoff. 3. A statement advising the employee of their rights of reinstatement from the layoff. 11.8 An employee whose position is reduced will have the right to displace any less senior employee in the classification. Should there be an FTE reduction that does not result in a position being eliminatedno employee with less seniority working within the employee's classification, 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 shall have the right to displace the least any less senior employee within the job bargaining unit in a classification that holds in which the FTE the more senior reduced employee had before the school/department was reduced in FTEis qualified to work. The seniority impact would continue until only Superintendent will have the last senior employee(s) are impacted. No further reductions will occur outside of unrestricted right to determine if the job classification. Note: This will not apply employee is qualified to Transportation Bus Drivers and Bus Assistant positions as they have a bidding process each year for their assignmentsdo the work. 211.9 Any employee laid off shall retain recall rights for a period of three (3) years. Should there Employees shall be recalled to positions for which they are qualified in order of seniority. An employee who resigns, declines an offer to be recalled to a position completely eliminatedfor which he or she is qualified, or fails to respond to an offer of recall within the following will take place: a. District seniority, rather than departmental seniority, time limits of this Article shall prevail when reducing the number of employees within a department or in laying off employees from the Districtlose all recall rights. b. When it becomes necessary to implement a reduction in force, 11.10 The laid-off employee shall provide 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) administration 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 displaced under this provision may also follow this procedure. e. When an employee acquires a job under this procedure, his/her seniority will go with the job. f. In order to displace another employee as provided in section 2 above, an employee must have more seniority than the employee he/she displaces current mailing address and must be qualified to perform the job of the employee he/she displacestelephone number (if available). The determination of qualifications rests solely with the District. g. Under this procedure, an employee cannot displace another employee who is in a higher rated job classification. h. Under this procedure, an employee may not acquire additional work hours in displacing another employee. i. An employee whose seniority does not permit him/her to remain at work under the provisions of this procedure will be laid off from the District. j. In the event of a substantial layoffrecall, the District will meet with employee being recalled shall be notified by registered mail and shall have fourteen (14) calendar days from the representatives receipt of such notice in which to respond. Copies of all recall notices shall be sent to the BVCEA President of Local 339. 11.11 As vacancies occur in a classification from which employees are laid off, such vacancies shall first be offered to those employees in the classification who are not laid off on the basis of their seniority. Should none of said employees express an effort interest in the vacant position, the most senior employee laid off, who is qualified to resolve issues related fill the position shall be recalled into said position, providing his or her recall rights have not been exhausted. 11.12 Laid-off employees shall retain all seniority rights while laid off and shall continue to such a reduction in forceaccrue seniority as long as they have recall rights. Laid-off employees shall be notified by U.S. mail of all job vacancies and may bid on vacancies.

Appears in 1 contract

Sources: Negotiated Agreement