REDUCTION IN FORCE. 15.1 It is understood by the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff. 15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position. 15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8. 15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS. 15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer. 15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall. 15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority. 15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD. 15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It 18.1 The District retains the right to determine when a reduction in force/layoff is understood necessary, the number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in force is necessary, the District will notify the Association. The Association will utilize an advisory committee to review the reduction in force and to provide suggestions to the District regarding the procedures to follow. (2003)
18.2 Subject to the determination in 18.1 above, the parties agree to the following:
18.2.1 First, employees who volunteer to leave (terminate) from the area(s) affected by the ASSOCIATION and RCPS reduction in force will be the first to be separated. (2003)
18.2.2 Second, an employee who becomes involved in a reduction in force procedure will be assigned to the next equivalent administrative position that the BOARDbecomes vacant, in keeping accordance with its responsibility his/her certification and qualifications. In regards to operate salary, equivalent administrative position shall mean a position at the public schools of same column on the cityAdministrative Salary Schedule, or the same daily rate on the Pro-Tech Salary Schedule, as the employee’s current position. In regards to full time equivalency, equivalent administrative position shall mean at the same full time equivalency as the employee’s current position. For example, an employee in a full time position will be assigned to a vacant full time position, and an employee in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the employees previously worked as a principal in the District. (2003)
18.2.3 Third, if no equivalent position becomes vacant, any additional reduction in force of employees shall be determined by using the following criteria in rank order listed. Employees are only eligible to bump employees at the same or lower column and with the same or lower full time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix E. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above. Employees in non-principal positions are not eligible to bump into principal positions, unless the employee previously worked as a principal in the District. (2003)
18.2.3.1 Seniority as an employee based on total consecutive years of administrative service in the school district.
18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position.
18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003)
18.2.3.4 All other conditions being equal, a lottery will be used to determine educational policiesthe outcome.
18.2.4 Fourth, recognizes that from time-to-time conditionsadministrators remaining will move to the next lower vacant administrative position, including but not limited toin accordance with his/her certification and qualifications.
18.2.5 Whenever possible, evaluation a sixty (60) day written notification will be given to employees who are to be laid off as a result of programs, enrollment, and economic conditions, may require the implementation reduction in force. An employee who is separated as a result of a reduction in staff.
15.2 In the event force when no other administrative position is available will be placed in a teaching position in accordance with his/her certification. If an employee is affected by a reduction in staff force and is implementedplaced in a position at a lower salary, the employee will be placed as close to his/her previous salary, not to exceed the top of the new range of the position. When there are more administrative employees than reappointment positions, the criteria of 18.2.3 will apply. (2003) Employees who, because of reduction in force, are placed in a teaching position will retain all previous administrative seniority for administrative salary placement purposes.
18.3 The District will recall employees, regardless if the employee transferred into an equivalent but different position or if the employee was laid off, by written notification (certified mail, return receipt requested) in the reverse order (greatest seniority to least senior individual within seniority, based on the endorsement area required criteria outlined in 18.2.3) to their reduction, provided that the employee is currently certified, if required, and/or qualified for the reduction new position. Employees who are placed on a recall list and who were working in force plan will non-Administrative positions are not eligible to be laid off firstrecalled into Administrative positions, unless the employee previously worked as an employee in the District. In Recall notice shall be sent to the event employee’s last known address on file with the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement areaHuman Resources office. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined employee must, in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rightswriting, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) school days after RCPS is notified of receipt, accept or reject the acceptance of a "bump" position, the April 15 date notwithstandingoffer to return to work. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another employee will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. 15.1 It is understood by the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 6.1 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision layoffs will be made by RCPSwithin the Association. RIF shall be defined as a reduction in the work force beyond normal attrition. When a RIF is implemented, the Executive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to reasonably minimize the impact for the RIF.
15.5 Movement 6.2 Employees will be laid off on the basis of PROFESSIONAL(s) that results from seniority, the Reduction in Force will not least senior laid off first when qualifications are substantially equal among the affected employees. Seniority shall be construed defined as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved the length of service within the District as a result member of the implementation of this article will not be entitled to consider the movement an involuntary transferAssociation.
15.6 Less than full time staff 6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In no case will accrue seniority on a pro-rata basis. Licensed staff new employee be employed by the District while there are RIF’d employees who are qualified for a vacant or newly created position.
6.6 Employees whose positions have been eliminated due to reductions in work force or who have been employed affected by a layoff shall have the right to assume a position for which they are qualified, which is held by the least senior employee. Unused sick leave
6.7 An employee transferred because of layoff may exercise his/her seniority to return to a position similar to that vacated owing to lay-off, provided that qualifications are equal to that of others also applying for this position.
6.8 Employees to be laid off shall receive no less than thirty (30) days notice prior to lay- off. In a normal budget cycle, if the School Board authorizes, then the date for notification to employees receiving a RIF shall be no later than July 1.
6.9 The District shall notify the Association officers prior to layoff notices being sent to employees and provide detailed reports of the financial status of the district as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue requested.
6.10 Employees shall not be bumped or reduced in hours or seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and ranking by school employees who are reduced to part time positions not represented by RCPS action or "bump" will continue to accrue seniority the bargaining unit.
6.11 Laid off employees shall be recalled in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights reverse order of layoff to any recallposition for which they are qualified.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used 6.12 RIF’d employees shall retain their seniority for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled recall for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.two
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by A. Whenever the ASSOCIATION Company deems it advisable to part-time or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the same type of work in any department and RCPS that any exchange, through part-timing or layoffs or both, subject to the BOARDfollowing conditions:
1. Temporary and occasional employees shall be laid off first.
2. Next in order, employees with less than two (2) years' seniority shall be declared surplus in keeping with the inverse order of seniority.
3. After the steps as outlined in paragraph 1. and 2. above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of its responsibility proposal to operate part- time including the public schools applicable reduction in hours, or it may declare employees surplus in the inverse order of seniority.
1. Employees who are designated as surplus shall be offered reassignment to available jobs within the exchange affected or in the other exchanges of the cityCompany.
2. Employees who are surplus shall be offered transfer to the jobs in paragraph 1. above in order of their seniority.
3. Employees who are declared surplus may displace employees in similarly rated jobs or lower jobs for which they are qualified to the extent of replacing the employee with the lowest seniority in the similarly rated job or the lower rated job within the exchange, or work group if work group covers more than one exchange, or district (see Appendix C for applicable list of exchanges, districts and divisions to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require be used in the implementation event of a reduction in staffforce). Qualified is defined as minimal refresher training (3 weeks or less). If formal classroom training of 3 weeks or more is required, the employee shall not be deemed qualified to bump.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is a. Employees with more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined years of net credited service may, if not able to displace an employee in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced exchange or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, work group if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace work group covers more than one other less senior PROFESSIONALexchange, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days district in the same positionclassification, and is subsequently hired for that position, displace the term of service will be used for purposes of seniority.
15.8 RCPS will notify least senior employee in the ASSOCIATION of plans to implement a reduction division in staff promptly upon the development of any plansame classification. RCPS will meet Employees with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by A. Whenever the ASSOCIATION Company deems it advisable to part-time or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the same type of work in any department and RCPS that any exchange, through part-timing or layoffs or both, subject to the BOARDfollowing conditions:
1. Temporary and occasional employees shall be laid off first.
2. Next in order, employees with less than two (2) years' seniority shall be declared surplus in keeping with the inverse order of seniority.
3. After the steps as outlined in paragraph 1. and 2. above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of its responsibility proposal to operate part-time including the public schools applicable reduction in hours, or it may declare employees surplus in the inverse order of seniority.
1. Employees who are designated as surplus shall be offered reassignment to available jobs within the exchange affected or in the other exchanges of the cityCompany.
2. Employees who are surplus shall be offered transfer to the jobs in paragraph 1. above in order of their seniority.
3. Employees who are declared surplus may displace employees in similarly rated jobs or lower jobs for which they are qualified to the extent of replacing the employee with the lowest seniority in the similarly rated job or the lower rated job within the exchange, or work group if work group covers more than one exchange, or district (see Appendix C for applicable list of exchanges, districts and divisions to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require be used in the implementation event of a reduction in staffforce). Qualified is defined as minimal refresher training (3 weeks or less). If formal classroom training of 3 weeks or more is required, the employee shall not be deemed qualified to bump.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is a. Employees with more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined years of net credited service may, if not able to displace an employee in the Regulations Governing exchange or work group if work group covers more than one exchange, or district in the Licensing of Educators and same classification, displace the Preparation of Educational Professionals by least senior employee in the Vermont Agency of Educationdivision in the same classification. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance Employees with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified or more years of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original positionnet credited service may, if restorednot able to displace an employee in the exchange or in the division in the same classification, for a period displace the least senior employee in the Company in the same classification.
4. If there are no jobs available in the same or other exchanges as provided in paragraph 1. above or the employees refuse the offer or who do not to exceed accept or qualify under paragraph 3. above, then the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position employees shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionlaid off.
15.3 Seniority is defined as 1. If additions to the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities work force are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement required subsequent to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, laid-off employees, in order of seniority, who submit a bid, shall be awarded the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in job for which any reduction is made. they are qualified, prior to anyone bidding under Article 16.
a. In the event an employee on layoff status does not successfully bid into an available job for which they are qualified within eighteen (18) months from the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONALdate of his/her layoff, the final placement decision will employment status of such employee shall be made by RCPSconsidered terminated.
15.5 Movement of PROFESSIONAL(sb. An employee rehired within eighteen (18) that results months from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result date of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL his/her layoff shall have the opportunity to be recalled continuity of his/her service protected and shall receive service credit for a the period of twenty-four the layoff not to exceed six (246) months. Under no circumstances shall more than six (6) months beyond the expiration date of his contract for a position which is vacant and credit be allowed during any twelve (12) month period.
c. Notification shall be sent by certified mail to such employee's last known address.
2. Any employee offered reemployment in any classification for which the PROFESSIONAL he/she is deemed qualified by the Superintendent. A PROFESSIONAL must respond and who does not accept such reemployment within two (2) days and return to a recall notice employment within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing addressconsidered terminated.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by A. Whenever the ASSOCIATION and RCPS that Company deems it advisable to part- time or lay off regular employees, such force adjustments as it may deem advisable shall be made effective among employees performing essentially the BOARDsame type of work in the district, in keeping with its responsibility through part- timing or layoffs or both, subject to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time following conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.:
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will 1. Temporary employees shall be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (.
2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if Company will reduce contract labor in other locations within the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy bargaining unit to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 extent required (a 1 to 1 basis) to accommodate employees as part of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has their bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification Section 6.01B. If an employee elects not to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" positionexercise his/her bumping options, the April 15 date notwithstandingcompany may continue to use contract labor in that job title.
3. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original positionNext in order, if restored, for a period not to exceed the recall rights of twenty- four employees with less than two (242) months. After the twenty-four (24) months period, the "bumped" position years’ seniority shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place declared surplus in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In inverse order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify 4. After the ASSOCIATION steps as outlined in paragraph 1 and 2 above have been taken and further reductions in the work force are advisable, the Company may either part-time all employees after notifying the Union of plans its proposal to implement a part-time including the applicable reduction in staff promptly upon hours, or it may declare employees surplus in the development inverse order of any planseniority.
1. RCPS Employees who are designated as surplus shall be offered reassignment to available jobs in the same or lower pay levels within the district affected, provided they are qualified to perform such jobs. Further, the surplus employee must have previously held the job title and have the skill and qualifications to perform the new job with a minimum of on-the-job training and familiarization (defined as 3 weeks or less). If formal classroom training of 3 weeks or more is required to perform the work, the employee will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school dayseligible to bump.
2. The final decision as Employees who are surplus shall be offered transfer to the scope and nature jobs in paragraph 1 above in order of their seniority.
3. If there are no jobs available in the reduction district as provided in staff paragraph 1 above or the employees refuse the offer, then the employees shall be made by the BOARDlaid off.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by The parties recognize the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools principle of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined seniority in the Regulations Governing the Licensing application of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a concerning reduction in force, provided the PROFESSIONAL must have employee is fully qualified to perform the endorsement(s) in place by April 1 duties and responsibilities of the year position. An employee on layoff shall retain this seniority and right to recall in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled order for a period of twenty-four (24) months beyond after the expiration date of his contract layoff. An employee whose position is to be reduced will be notified in writing, with a copy to the union ▇▇▇▇▇▇▇. If an employee is to be recalled after layoff, the district will send written communication to the employee’s address on file with the district notifying the employee of the recall, with a copy to the union ▇▇▇▇▇▇▇. The notice of recall will specify by when the employee must accept the recall in order to retain continued employment. The period offered for consideration will be no less than three calendar days. An employee may notify the district in writing in advance of dates when the employee will not be able to receive mail at the employee’s address on file, (i.e., the employee is on vacation, at a forwarding address, out of town, etc.) If the employee will be unavailable, as stated above, and the employee provides the district with an alternate contact method, the district will use the alternate contact method to notify the employee of the recall if one arises. The three calendar days for consideration shall commence when the district provides the alternate notice. If the employee cannot be contacted for a period of time, the district will hold the position which is vacant and for which the PROFESSIONAL is deemed qualified by employee’s consideration for one calendar week. If the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to employee does not respond to the notice as required shall constitute a severance of employmentrecall within the specified time, or if the employee declines the recall, the employee’s employment will be terminated and the employee will have no further rights to recall. It shall If the employee accepts the recall, the employee will not be expected to return to work in less than 14 calendar days after acceptance, unless the responsibility of district and the PROFESSIONAL on layoff employee mutually agree to provide the Superintendent with an updated current mailing addressearlier return to work date.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. 15.1 It is understood by Section 1. Seniority means an employee's length of service and shall be computed from the ASSOCIATION and RCPS that date the BOARDemployee began regular, uninterrupted service with the Office of Public Instruction in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS position covered by this Agreement. A PROFESSIONAL whose original Temporary employees do not accrue seniority and are not part of the bargaining unit. For the purposes of this Article, full-time status is defined by the employee’s position is being reduced and not the schedule arranged with the supervisor.
Subsection 1. Seniority shall cease to accrue during a leave without pay in excess of 60 working days, or abolished is upon a permanent transfer out of the bargaining unit, and shall be revoked upon voluntary termination, retirement, or discharge for cause. When an employee returns to the bargaining unit from an approved leave or transfers into the bargaining unit from a position within the OPI, seniority shall begin to accrue at the point when the employee returns to the bargaining unit and shall include all previous time earned within the bargaining unit.
Subsection 2. Service time in a position in the OPI prior to the first Collective Bargaining Agreement on May 11, 1981, shall be notified as early as practicable in writing but no later than April 15counted towards an employee's seniority.
Subsection 3. A On January 1, of each year, and upon request from the Association Chapter President, the Employer shall give a list of open all OPI bargaining unit members and posted positions in RCPS will be made available their seniority status to the PROFESSIONALS at that timeAssociation Chapter President. If Disputes concerning the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped seniority roster must be raised within 30 calendar days of delivery of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" positionroster, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position or it shall be considered correct.
Subsection 4. If a Reduction in Force (RIF) is necessary, the PROFESSIONAL’s permanent assignmentemployee should be counseled as much as possible in advance, by OPI management personnel, of the anticipated action, available options and reasons for the layoff. It When 25 or more employees are affected, notice must be at least 60 days prior to the RIF. When the RIF affects less than 25 employees, notice must be at least 14 days prior. Job profiles are available from the human resources manager upon request.
Section 2. When the Employer determines to reduce the number of employees, the Employer will identify the targeted position(s). The Employer will determine minimum qualifications for each targeted position based on the current job profile. The determination as to whether the employee electing to bump meets the minimum qualifications of the current job profile shall be based on an updated resume. The affected employee(s) may then elect to bump other employees with less seniority in the bargaining unit using the following procedure:
1) Bump the least senior employee in the same O-NET job group and pay band for which the RIF’d employee meets the minimum qualifications for that position; if this is understood not possible, then,
2) Bump the least senior employee that once a PROFESSIONAL advises RCPS is in the same band for which the RIF’d employee meets minimum qualifications for that position; if this is not possible, then,
3) Bump the PROFESSIONAL has rights to "bump" into another least senior employee in the same O-NET job group and next lower pay band for which the RIF’d employee meets the minimum qualifications for that position; if this is not possible, then,
4) Bump the least senior employee that is in the next lower band for which the RIF’d employee meets minimum qualifications for that position. Steps 3 and 4 repeat through the lowest pay band. If this is not possible, then,
5) Bump any temporary position in accordance with the above procedure, any pay band for which the PROFESSIONAL must RIF'd employee meets minimum qualifications for that position (the employee loses permanent status and accrued seniority).
Subsection 1. An employee wishing to exercise bumping rights shall notify RCPSthe human resources manager, in writing, of the intent position the employee wishes to accept bump into within 10 working days or a reasonable period of time mutually agreed upon by the position in that endorsement area within ten (10) days employee and Employer, after receiving written notification of the notice of reduction of RIF. The employee must also submit an updated resume.
Subsection 2. All permanent part-time employees are covered by the PROFESSIONAL'S original same language listed in Article 12, with the understanding that permanent part-time employees’ rights are connected and confined to other permanent part-time positions. For example, an employee in a permanent part-time position cannot use the employee’s seniority status to replace a less senior employee unless that employee is also in a permanent part-time position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area An employee in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position may not replace a less senior employee in a part-time position.
Section 3. If the layoff is anticipated to last longer than 15 working days, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff employee shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract terminated. Upon termination, due to a RIF, the employee may cash out accumulated annual leave, sick leave and retirement contributions, or the agency may allow the employee to maintain accumulated annual leave and sick leave for the preference/reinstatement period of one calendar year from the effective date of layoff, even though terminated. A laid off employee who elects to retain sick leave, annual leave or both may subsequently submit a written request to cash out the leave at any time during the one-year reinstatement period or the State Employee Protection Act benefit period. At the end of the State Employee Protection Act benefit period, provided the employee elected these benefits, the agency must cash out all leave balances and effectively terminate the employment relationship.
Subsection 1. The most senior employee on layoff status who possesses the qualifications as discussed above will be offered open positions as they become available before less senior employees on layoff status. Any laid off employee who refuses a recall offer or offer of reinstatement to a position of the same or higher classification than the position the employee held when laid off, will lose reduction in staff, the PROFESSIONAL shall have the opportunity force rights to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure reinstatement.
Subsection 2. The Employer will notify employees being recalled of available positions in writing by certified mail. If an employee fails to respond to the notice as required shall constitute a severance of employmentrecall or an offer of reinstatement within 5 calendar days of receiving the notice, the employee will be considered to have forfeited the employee’s right to return to work. It shall be the employee's responsibility to keep the Employer notified of the PROFESSIONAL on layoff to provide the Superintendent with an updated employee’s current mailing address.
Subsection 3. All privileges and benefits extended by this rule terminate at the end of the one-year preference/reinstatement period.
Section 4. At all stages of the RIF process, the following pay protection shall be in place for employees:
1) If the entry level salary for the new position is greater than the employee’s current salary, the employee will be paid at the entry level for the new position.
2) If the new position is in the same group and pay band, the employee will maintain the employee’s current hourly pay rate.
3) If the entry level for the new position is less than the employee’s current salary, the employee may maintain the employee’s current market ratio up to 100% of market.
Subsection 1. Layoff shall not be used as an alternative to discharging an employee for cause or disciplinary purposes. Unsatisfactory employees should be terminated subsequent to complete and appropriate evaluation, review and documentation. If an unsatisfactory employee is laid off without appropriate evaluation, review and documentation, the employee must be treated the same as any other laid off employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 6.1 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision layoffs will be made by RCPSwithin the Association. RIF shall be defined as a reduction in the work force beyond normal attrition. When a RIF is implemented, the Executive Director of Human Resources will provide the Association with a list of positions that will be impacted. The District will work with the Association to reasonably minimize the impact for the RIF.
15.5 Movement 6.2 Employees will be laid off on the basis of PROFESSIONAL(s) that results from seniority, the Reduction in Force will not least senior laid off first when qualifications are substantially equal among the affected employees. Seniority shall be construed defined as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved the length of service within the District as a result member of the implementation of this article will not be entitled to consider the movement an involuntary transferAssociation.
15.6 Less than full time staff 6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In no case will accrue seniority on a pro-rata basis. Licensed staff new employee be employed by the District while there are RIF’d employees who are qualified for a vacant or newly created position.
6.6 Employees whose positions have been eliminated due to reductions in work force or who have been employed affected by a layoff shall have the right to assume a position for which they are qualified, which is held by the least senior employee. Unused sick leave
6.7 An employee transferred because of layoff may exercise his/her seniority to return to a position similar to that vacated owing to lay-off, provided that qualifications are equal to that of others also applying for this position.
6.8 Employees to be laid off shall receive no less than thirty (30) days notice prior to lay- off. In a normal budget cycle, if the School Board authorizes, then the date for notification to employees receiving a RIF shall be no later than July 1.
6.9 The District shall notify the Association officers prior to layoff notices being sent to employees and provide detailed reports of the financial status of the district as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue requested.
6.10 Employees shall not be bumped or reduced in hours or seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and ranking by school employees who are reduced to part time positions not represented by RCPS action or "bump" will continue to accrue seniority the bargaining unit.
6.11 Laid off employees shall be recalled in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights reverse order of layoff to any recallposition for which they are qualified.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used 6.12 RIF’d employees shall retain their seniority for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled recall for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.two
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It 9.01 If the daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is understood no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the ASSOCIATION and RCPS employee that is within the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staffbargaining unit.
15.2 In 9.02 When in the event a of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is implementedrequired, the least senior individual within the endorsement area required for the number of people affected by a reduction in force plan will be laid off firstkept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position.
9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. In On the event basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal opportunity to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement areaselect temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy assignments would be subject to the REA President. The list will procedure outlined in 9.04 below.
9.04 All openings, including vacancies resulting from 9.02 above, shall be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover announced and open for bids by all PROFESSIONALS covered eligible employees as provided by this Agreement. A PROFESSIONAL whose original position is being reduced Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on their temporary assigned positions or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that timeon any other existing openings for which they are qualified. If the PROFESSIONAL has bumping rightsdisplaced employees’ bids are accepted, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped said group of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which employees shall not be greater than three school days. required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees.
9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, Child Nutrition Vended.
9.06 The final decision as following classifications shall be assigned to the scope and nature of the reduction in staff shall be made by the BOARD.specified series listed above: 9.0601 Child Nutrition Production
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent1. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notificationProduction Kitchen Manager
2. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATIONCafeteria ▇▇▇▇
3. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employmentFood Production Assistant
4. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.Child Nutrition Assistant
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It
Section 1 This Article governs (a) transfers of function and (b) the separation, demotion, reassignment requiring displacement of an employee, or furlough for more than thirty (30) calendar days of bargaining unit employee(s) by reduction-in-force (RIF) from their respective levels. The RIF will be accomplished in accordance with statutory requirements, OPM rules, regulations, and this Agreement.
Section 2 When it is understood anticipated that a transfer of function or RIF affecting bargaining unit employees will be necessary, the employer will request early-out authorization for such employees if the OPM guidelines or regulations may permit the authorization. In instances where early out authorization is not requested the employer will provide the reasons for the decision to the Union at the time of the preliminary RIF notification. The President of the National Council or the local President, if a local exists at the Field Office(s) affected by the ASSOCIATION action, will be given preliminary notification not less than 5 days prior to the issuance of general or specific notice to employee. The notification will include:
A. the types of action to be taken.
B. the reasons for the action and RCPS that the BOARDamount of “shortfall” if the action is due to lack of funds.
C. the competitive area(s) which are proposed to be used and the competitive levels; in each competitive area the employer agrees not to utilize competitive levels which include part but not all of the positions in a job series and grade.
D. the approximate numbers, types, and grades of positions of the organizational units to be initially affected.
E. the expected or approximate date of each action.
F. a copy of any economic impact study made in keeping conjunction with the action.
G. other information related to the action which is available to the employer.
Section 3 Upon receipt of preliminary notification, the Union may request bargaining concerning aspects not covered by this Article. Upon such request, the parties will meet to negotiate such aspects at the earliest possible time.
Section 4 The employer agrees to minimize adverse effects upon employees by accomplishing actions under this Article to the extent feasible through attrition and other alternatives as may be appropriate; the Union may make suggestions as to such alternatives and the employer will fully consider and respond promptly with its responsibility decision on the suggestions.
A. The Agency may waive qualification requirements in accordance with government-wide regulations for otherwise eligible employees.
B. Where bargaining unit employees have received a notice of an action under this Article, the Agency will consider such employees for vacancies within the bargaining unit in the competitive area for which they are qualified.
A. When issuing RIF notices, the Agency will ensure the minimum notice periods will be consistent with 5 CFR 351.801.
B. In addition to operate the public schools content required per 5 CFR 351.802 and 803, specific notices will also include:
(1) applicable appeal/grievance rights;
(2) the action, to be taken and the effective date;
(3) the employee’s service computation date, competitive area, competitive level, and subgroup;
(4) any offer of assignment by grade, title, series, and location, including the date by which acceptance is to be given to the employer (within 7 calendar days after receipt of the citynotice);
(5) the reasons any lower standing employee is being retained in the same competitive level for more than 30 days;
(6) any other relevant information such as grade and pay retention. Upon request, the employee will be furnished with an extra copy of the notice.
Section 7 Retention registers will be available for review in a duty status by employees and the Union at the time specific notices are issued. Additional records will be provided where applicable and appropriate. Retention registers shall be established and employees listed in order of their retention standing, tenure group, and subgroup. At the request of the employee, the employee and/or the employee’s, representative will be given the opportunity to determine educational policies, recognizes review retention registers listing other employees that from time-to-time conditions, including but not limited to, evaluation of programs, enrollmentmay be entitled to displace him or her and those he or she may be entitled to displace, and economic conditionsreview registers for positions for which the employee is qualified and related records to the extent that these are related to the employees’ situation. Upon request the employer will make copies of relevant records available to employee(s) or the Union, may require the implementation of to permit pursuing a reduction in staffcorrective action, complaint, or grievance.
15.2 Section 8 The employer will take appropriate action to prevent improper release of an employee in regard to incorrect crediting of service time, administrative error, or other incorrect action.
Section 9 When release is unavoidable the employer agrees to reduce the adverse effects of the release by:
A. offering the affected employee a best offer of an available position whenever possible; any offer of employment will be at the highest respective rate allowable under government- wide regulations.
B. granting administrative leave and relocation expenses in accordance with applicable government-wide regulation on a case-by-case basis.
C. making available complete information needed by employees to fully understand the RIF, transfer of function, or furlough for more than 30 days and why the employees are affected.
D. upon request assisting employees affected by an action under this Article in use of the services of the OPM Career Transition Assistance Plan and the Interagency Career Transition Assistance Program, and training or benefits under State Employment Agencies in accordance with OPM.
Section 10 Eligible career or career-conditional employees who are separated because of RIF will be placed on a reemployment priority list, and such employees will be given priority for rehiring in the competitive area for permanent positions for which they are qualified and available. Acceptance of temporary employment will not alter an employee’s right to be offered permanent employment.
Section 11 The employer will maintain records related to actions under this Article for a least 25 months after the effective date of an action where such records could establish whether the action is appropriate.
A. The employer will provide the Union with relevant information on a timely basis during an action under this Article, if other actions, such as reorganization, appear to be necessary. Notification will also be provided where the change or new information would be relevant to the original action or assist the Union in representation duties.
B. In the event a reduction in staff is implementeddisputes arise as to the duty to provide any such information, the least senior individual within Union’s participation in related activities will not affect the endorsement area required for Union’s right to pursue the reduction in force plan will be laid off firstinformation through other procedures. In the event relevant information becomes available after completion of an Agreement on the individual who impact of an action under this Article, such agreement may be reopened prior to the effective date(s) of the action(s).
Section 13 If, as a result of actions under this Article, an employee is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior assigned duties different than a PROFESSIONAL in that other endorsement areathose previously performed, the gaining supervisor will assure that the employee is provided appropriate instructions, guidance, or training to assume the responsibilities of the position within 60 days. Supervisors will discuss training needs with employees performing different duties on an ongoing basis and will provide on-the-job training as needed.
Section 14 Salary retention for released employees will be the maximum allowable under appropriate law and regulations.
Section 15 Employees on detail will compete for retention from their permanent position, including competitive area and level, rather than from the position of detail.
Section 16 The employer will assure that each affected employee is treated as an individual to the maximum extent possible to resolve special problems and to give special assistance.
Section 17 Activities under this Article will be on official time for employees and Union representatives. Appropriate activities may include explanation of questions, reviewing records, and representation in contacts with the appropriate management officials.
Section 18 The following procedure will be used to break ties when two or more senior individual may replace the less senior individual employees in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills a competitive area and level have the same three (3) criteriaservice computation date. Licensure and endorsement are defined Employees as described above will receive additional credit for the amount of experience, if any, in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy job related to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year position from which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished the release is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or workstake place. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%)tiebreaker is still necessary, the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after at the notification has been given which shall not employee’s Field Office will be greater than three school daysused. The final decision as to Should a further tie result, the scope and nature employee with the lowest number in the 8th digit of the reduction in staff social security number will be subject to release; it is agreed the number “0” is lower than “1.”
Section 19 The competitive area shall be made by a local commuting area unless it is not large enough to permit adequate competition in accordance with applicable regulations; the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It only exception shall be the responsibility of the PROFESSIONAL Houston area wherein competitive area shall be determined on layoff to provide the Superintendent with an updated current mailing addressa case-by-case basis.
Appears in 1 contract
Sources: Labor Management Agreement
REDUCTION IN FORCE. 15.1 It is understood by Section 1: The Employer will provide the ASSOCIATION and RCPS Union with information regarding projected reduction-in-force (RIF) actions that the BOARD, in keeping with its responsibility to operate the public schools will adversely affect Employees within five workdays of the cityreceipt of such information. Such information will include copies of letters or messages from higher levels and Unit ▇▇▇▇▇▇▇ Document (UMD) changes. Copies of retention registers, notices and personnel actions used to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan make job offers or place Employees under RIF procedures will be laid off firstprovided to the Union upon request in writing through the civilian personnel office to AFPC. In the event of a RIF, vacancies will be used to the individual who is laid off is (1) licensed maximum extent possible to place Employees in another endorsement area(s) continuing positions in order to minimize the impact on Employees and (2) has taught in that other endorsement area(s) in RCPS or another school district reduce the number of demotions and separations. Management will make every effort to freeze open slots for a period equal pending RIF to place the Employees that are affected by the RIF.
Section 2: The Employer will brief all Employees to be issued RIF notices on general RIF procedures in the presence of a Union representative. The Employer will be available to individually counsel all Employees adversely affected by a RIF action and if requested, with a Union representative present.
Section 3: Employees adversely affected by a RIF action will have access to review their EOPF and other records pertaining to the action, including governing directives, upon written request through civilian personnel office to AFPC.
Section 4: The Employer will give all Employees and their representatives at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy 60 days specific written notice prior to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8action.
15.4 Section 5: In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in forceavoid the separation of Employees under RIF procedures, the PROFESSIONAL must have the endorsement(s) Employer will consider waiving qualification standards, as provided in governing regulations, to place by April 1 of the year Employees in which any reduction is madevacant positions. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONALWithin available resources, the final placement decision Employer will be made by RCPSprovide training or work assignments during the notice period if such assignments will qualify the Employee for assignment under RIF procedures to a vacant position.
15.5 Movement Section 6: Employees given written notification of PROFESSIONAL(s) that results from the Reduction in Force will not a proposed reduction-in-force action may be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions excused for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after without charge to leave for:
a. Participating in placement interviews within the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARDlocal commuting area.
15.9 In b. Receiving assistance from the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staffFamily Support Center and/or preparing and revising resumes or job applications.
c. Reviewing job bulletins, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing addressannouncements, etc.
Appears in 1 contract
Sources: Labor Management Agreement
REDUCTION IN FORCE. 15.1 It 18.1 The District shall notify the Union of layoffs prior to Governing Board action or upon mailing of layoff notices, whichever is understood by earlier. The District agrees to meet and consult with the ASSOCIATION Union to discuss alternatives prior to written notification to the employee. If no alternative is reached, then the employee will be given a sixty (60)-day notice of layoff and RCPS that will be requested to respond in writing within two (2) weeks of receiving notice as to whether they will accept the BOARDlayoff or invoke bumping rights. (See Ed. Code, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff§ 88014.
15.2 ) In the event of a reduction layoff, the procedures are as follows:
a. The District shall create and provide to SEIU a seniority list for each impacted classification.
b. Employee will be given a sixty (60)-day notice of layoff and will be requested to respond in staff is implemented, writing within two (2) weeks of receiving notice as to whether they will accept the layoff or invoke bumping rights.
c. Time in class shall be determined by date of hire in classification.
d. An employee may bump the least senior individual within employee in their present 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, the endorsement area required for employee may bump the reduction least senior employee with the next lower FTE. In no event can the employee bump into a higher FTE status.
e. The least senior employee in force plan the classification may bump into a lower classification if they hold permanent status in the lower classification and there is an employee in the lower classification with less seniority.
f. The employee being bumped from a position will be laid off first. In given a sixty (60)-day notice of layoff, and the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills procedures followed are the same three (3) criteria. Licensure as in “b,” “c,” and endorsement “d,” above.
g. When the District eliminates a filled position at a department/division where positions are defined held by employees in the Regulations Governing same classification and funding source, positions in the Licensing of Educators same classification and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list funding source will be posted eliminated in each faculty room in RCPS no later than November 15 reverse order of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original seniority.
18.2 An employee who has been notified that their position is being reduced eliminated may request the following actions in lieu of bumping or abolished is layoff:
a. May request a transfer to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time vacant position on the same basis level or a reassignment to a lower level for which they may have some essential skills to perform the duties.
b. A vacant position is defined as if they had continued full timea regular permanent position which the District determines is critical and must be filled. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area The employee may request to perform work that is being performed by provisional or would have more seniority in another endorsement area due limited-term employees and the District has determined is critical and must be performed.
c. The employee shall notify the District should any proposed position be unacceptable.
d. The District will send names to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights supervisor for interviewing. The supervisor will determine the skill levels necessary to that position perform the tasks available and will lose rights to any recallselect or not select a candidate.
15.7 A PROFESSIONAL in e. An employee transferred or reassigned to a long-term substitute assignment who has served consecutively for at least 100 days in the same positionlower classification shall serve a probationary period, and is subsequently hired for that position, the term of service will be used for purposes of senioritysupervisor shall make a recommendation on permanent status on the final probationary evaluation.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due f. An employee who transfers or accepts reassignment to a reduction lower-level classification in staff, the PROFESSIONAL lieu of layoff shall have the opportunity right of reinstatement to be recalled their former position for a period of twenty-four (24) months beyond in addition to the expiration date of his contract thirty- nine (39) months reemployment rights (Ed. Code, § 88117).
18.3 Any employee who is laid off with no other alternative for a position which is vacant and for which employment within the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall District shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall offered any temporary hourly position with similar duties or a failure to respond to the notice as required shall constitute a severance responsibilities being performed at their location of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It A. If an employee is understood by to be honorably dismissed, due to decreased enrollment, because the ASSOCIATION Board of Education has determined it shall decrease the total number of support personnel employed, discontinue some particular type of support personnel service(s) and/or for reasons of economic necessity, the District will follow the requirements of Section 5/10-23.5 of the Illinois School Code.
B. Written notice shall be mailed to the affected employee at least thirty (30) calendar days prior to the effective date of the honorable dismissal, together with a statement of honorable dismissal and RCPS the reason therefore. Within the respective category of position, the employee with the shorter length of continuing service from the first day worked shall be dismissed first.
C. The established categories of position shall be: • Full-year Administrative Assistants • 11 month Administrative Assistants • 10 month Administrative Assistants • School Receptionists • Technology Specialist 1 • Technology Specialist 2 • Full-time Media Assistants • Part-time Media Assistants • Accounts Payable/Purchasing Specialist • Payroll Specialist • Registrar • Benefits Coordinator
D. If an employee's category of position changes for any reason, his/her seniority will not transfer to the new category, but seniority shall be retained in the former category of position. In the event of a reduction-in-force, an affected employee can exercise bumping rights into his/her former category of position if another employee in the previous category has less seniority than the affected employee. (For example, if a current 11 month Administrative Assistant is the least senior employee in that the BOARDcategory but has five (5) years of previously accrued seniority as a 10 month Administrative Assistant, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation event of a reduction in staffthe number of 11 month Administrative Assistants, the affected employee can exercise his/her bumping rights back into the 10 month Administrative Assistant category if there is a current 10 month Administrative Assistant with fewer than five (5) years of seniority in that category.)
E. If there is a vacancy in another category of position for which an affected employee has no prior experience but is otherwise qualified, the affected employee will have the option of filing the vacancy but will be required to serve a new probation period.
15.2 In F. If the event a reduction in staff is implementedDistrict has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the least senior individual positions becoming available within the endorsement area required for the reduction a specific category of position shall be offered, in force plan will be laid off first. In the event the individual who is laid off is (1) licensed order of seniority, first to honorably dismissed employees from that category, and then, in another endorsement area(s) and (2) has taught in that order or seniority, to honorably dismissed employees from all other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing categories of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS position covered by this Agreement, so far as such employees are qualified to hold such position. A PROFESSIONAL whose original Refusal of recall to a position is being reduced or abolished is failure to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be respond within ten (10) days after RCPS is notified of the acceptance mailing of a "bump" position, written recall notice sent by certified mail shall result in the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the Employee's forfeiture of recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionrights.
15.3 Seniority is defined as G. Tie breakers for seniority: If the total amount length of RCPS continuing service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) respective category of position is equal between two or more employees, then seniority will be determined by tie breakers in the following order:
1) Total continuing service in a category less pro rata service credit in instances of unpaid leave not designated as FMLA leave
2) Total continuing service in all ESP categories
3) Total service in all ESP categories, whether or not continuous
4) If two or more employees remain equal in seniority after application of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%)above-listed factors, the PROFESSIONAL may decide at employee with the time of acceptance of the position where greatest seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made decided by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.drawing lots
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from timeSection 19-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if Employer shall inform the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing Union of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS proposed action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon force (RIF) as soon as practical after the Employer becomes aware that a RIF is imminent. Where attrition will not satisfy the proposed manpower reduction, the Union will be invited to participate in the development of any the implementation plan. RCPS The Employer will meet with inform the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision Union as to the scope approximate number of positions involved, types of positions, and nature of the reduction proposed effective date. The Employer agrees not to implement this action until it has been negotiated in staff shall be made by the BOARDaccordance with Article 48, Negotiations.
15.9 In a. The Employer agrees to make every reasonable effort to minimize the event a PROFESSIONAL is notified effects of the non-renewal of his contract due to a reduction in staffforce in the unit through the reassignment, under applicable regulations, of the employees to available vacancies for which they are qualified and immediately institute a freeze on hiring from the outside if at least fifty (50) employees are scheduled to be separated. Exceptions to the freeze would be filling of vacancies for mandatory mission needs, temporary fills, or if it is determined that a vacancy cannot be used for RIF placement.
b. The Employer agrees to consider modifying job qualification requirements for existing vacancies (same or lower grade positions), where appropriate, in order to retain employees scheduled for separation through reduction in force. Such action will be in accordance with applicable regulations and consideration is extended only to employees who have the potential, capability, and aptitude to perform the duties of the position(s) as determined by the Employer. When an employee is reassigned due to the position previously held having been eliminated, sufficient training as determined by the Employer will be given the employee to enable him to perform the duties of the new position.
a. Prior to implementation, AFGE Local 1067 will be given written notice and opportunity to bargain. Section 19-3. Where practicable, the PROFESSIONAL Employer shall have the opportunity attempt to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified accomplish necessary reduction in force by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing addressattrition.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It 9.01 If the daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is understood no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the ASSOCIATION and RCPS employee that is within the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staffbargaining unit.
15.2 In 9.02 When in the event a of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is implementedrequired, the least senior individual within the endorsement area required for the number of people affected by a reduction in force plan will be laid off firstkept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position.
9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. In On the event basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal opportunity to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement areaselect temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy assignments would be subject to the REA President. The list will procedure outlined in 9.04 below.
9.04 All openings, including vacancies resulting from 9.02 above, shall be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover announced and open for bids by all PROFESSIONALS covered eligible employees as provided by this Agreement. A PROFESSIONAL whose original position is being reduced Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on their temporary assigned positions or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that timeon any other existing openings for which they are qualified. If the PROFESSIONAL has bumping rightsdisplaced employees’ bids are accepted, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped said group of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which employees shall not be greater than three school days. required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees.
9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, Child Nutrition Vended.
9.06 The final decision as following classifications shall be assigned to the scope and nature of the reduction in staff shall be made by the BOARD.specified series listed above: 9.0601 Child Nutrition Production
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent1. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notificationProduction Kitchen Manager
2. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATIONCafeteria Cook
3. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employmentFood Production Assistant
4. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.Child Nutrition Assistant
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by 19.1 The School District retains the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and right to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of when a reduction in staff.
15.2 In force/layoff is necessary, the event number of individuals who must be reduced/laid off, and the areas within which such reductions in force will occur. When a reduction in staff force is implementednecessary, the least senior individual within District will notify the endorsement area required for Association. The Association will utilize an advisory committee to review the reduction in force plan and to provide suggestions to the District regarding the procedures to follow.
19.2 Subject to the determination in 19.1 above, the parties agree to the following:
19.2.1 First, administrators who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is first to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionseparated.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area 19.2.2 Second, administrators who become involved in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place procedure will be assigned to the next equivalent administrative position that becomes vacant, in the endorsement area the PROFESSIONAL teaches in accordance with their certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate as the member’s current position. In regards to full time of reductionequivalency, equivalent administrative position shall mean at the same full time equivalency as the administrator’s current position. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered For example, an administrator in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, position will continue be assigned to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a vacant full-time position, and an administrator in a half time position will be assigned to a vacant half time position. Administrators who are working in non-principal positions are not eligible to be assigned to principal positions, unless the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recalladministrators previously worked as a principal in WCSD.
15.7 A PROFESSIONAL 19.2.3 Third, if no equivalent position becomes vacant, any additional reduction in a long-term substitute assignment who has served consecutively for force of administrators shall be determined by using the following criteria in rank order listed. Administrators are only eligible to bump administrators at least 100 days in the same position, or lower column and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of same or lower full-time after the notification has been given which shall not be greater than three school daysequivalency. The final decision as to the scope and nature of the reduction Administrators in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due principal positions are not eligible to bump into principal positions, unless the administrator previously worked as a reduction principal in staff, the PROFESSIONAL shall have the opportunity to WCSD. Each administrator must be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and categorized into one or more positions for which the PROFESSIONAL administrator is deemed qualified to hold, applying the following criteria to those administrators on the most recent “Seniority Year List”:
1. State License certification, subject area endorsement and highly qualified status as defined by the SuperintendentNCLB;
2. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days Criminal records consisting of receipt of generally acceptable written notificationgross misdemeanor convictions;
3. Notice of recall shall be sent to Seniority – includes - National Administrative Board Certification;
4. Performance evaluations as defined below in the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice “groupings” as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.described below;
Appears in 1 contract
Sources: Negotiated Agreement
REDUCTION IN FORCE. 15.1 It is understood by In the ASSOCIATION and RCPS event that the BOARDBoard of Trustees decides a layoff is necessary, the Board will indicate what positions are to be affected and approximately what time frame will be involved for layoffs. Employees to be laid off will be given as much notice as possible, except in keeping with its responsibility to operate the public schools cases of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation emergency. Employees who are laid off as a result of a reduction in staff.
15.2 In force by the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan school district will be laid off firstbased on seniority within each category. In The least senior employee in the event category shall be the individual who is employee to be laid off is (1) licensed unless the District determines that the reduction in another endorsement area(s) staff affects a position that requires unique training and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that timeexperience. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place is necessary, a formal meeting with the superintendent will be scheduled and the employee will be notified in writing of the endorsement area layoff and the PROFESSIONAL teaches options available to them under the negotiated agreement. The employee will be given five (5) consecutive days to respond if applicable. An employee who is notified of layoff will have the right to displace the least senior employee in at their current category or the least senior employee in another category unless the District determines that the position to be filled requires unique training and experience. Any laid off employee will have the option to receive either a lump-sum payment equal to one-fourth (1/4) of their accumulated sick leave or retain their accumulated sick leave for up to fifteen (15) months in case of recall. If employee has been employed with the district for more than seven (7) years, they will receive a lump-sum payment equal to one-third (1/3) of their accumulated sick leave. If the laid off employee is not recalled after fifteen (15) months from the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for lay off they would receive a PROFESSIONAL'S additional endorsement lump-sum payment equal to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(sone-fourth (1/4) in place by April 1 of the year in which any reduction is madepay attributed to the accumulated sick leave. In If employee has been employed with the event the more senior PROFESSIONAL has multiple endorsements and may displace district for more than one other less senior PROFESSIONALseven (7) years, the final placement decision they will be made by RCPSreceive a lump-sum payment equal to one-third (1/3) of their accumulated sick leave.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It 9.01 If the daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is understood no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the ASSOCIATION and RCPS employee that is within the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staffbargaining unit.
15.2 In 9.02 When in the event a of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is implementedrequired, the least senior individual within the endorsement area required for the number of people affected by a reduction in force plan will be laid off firstkept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position.
9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. In On the event basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal opportunity to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement areaselect temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy assignments would be subject to the REA President. The list will procedure outlined in 9.04 below.
9.04 All openings, including vacancies resulting from 9.02 above, shall be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover announced and open for bids by all PROFESSIONALS covered eligible employees as provided by this Agreement. A PROFESSIONAL whose original position is being reduced Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on their temporary assigned positions or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that timeon any other existing openings for which they are qualified. If the PROFESSIONAL has bumping rightsdisplaced employees’ bids are accepted, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped said group of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which employees shall not be greater than three school days. required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees.
9.05 For the purpose of this section the following classification series shall be deemed to exist: Secondary Child Nutrition, Elementary Child Nutrition, Pre-School Child Nutrition and Breakfast Child Nutrition, Arts Academy and High Ability Programs Child Nutrition, and Alternative School Child Nutrition.
9.06 The final decision as following classifications shall be assigned to the scope and nature of the reduction in staff shall be made by the BOARD.specified series listed above: 9.0601 Secondary Child Nutrition
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (241) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen Cafeteria Cook
(142) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.▇▇▇▇▇/Salad Maker/Pizza Specialist
(3) Cafeteria Helper 9.0602 Elementary Child Nutrition
(1) Lunchroom Manager
(2) Lunchroom Foodhandler
(3) Lunchroom Assistant
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by 19.1 The School District retains the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and right to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of when a reduction in staff.
15.2 In force/layoff is necessary, the event number of individuals who must be reduced/laid off, and the areas within which such reductions in force will occur. When a reduction in staff force is implementednecessary, the least senior individual within District will notify the endorsement area required for Association. The Association will utilize an advisory committee to review the reduction in force plan and to provide suggestions to the District regarding the procedures to follow.
19.2 Subject to the determination in 19.1 above, the parties agree to the following:
19.2.1 First, unit members who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is first to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionseparated.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area 19.2.2 Second, members who become involved in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place procedure will be assigned to the next equivalent administrative position that becomes vacant, in the endorsement area the PROFESSIONAL teaches in accordance with their certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate as the member’s current position. In regards to full time of reductionequivalency, equivalent administrative position shall mean at the same full time equivalency as the administrator’s current position. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered For example, an administrator in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, position will continue be assigned to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a vacant full-time position, and an administrator in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not eligible to be assigned to principal positions, unless the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recallemployees previously worked as a principal in WCSD.
15.7 A PROFESSIONAL 19.2.3 Third, if no equivalent position becomes vacant, any additional reduction in a long-term substitute assignment who has served consecutively for force of unit members shall be determined by using the following criteria in rank order listed. Administrators are only eligible to bump employees at least 100 days in the same position, or lower column and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of same or lower full-time after the notification has been given which shall not be greater than three school daysequivalency. The final decision as to the scope and nature of the reduction Employees in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due principal positions are not eligible to bump into principal positions, unless the employee previously worked as a reduction principal in staff, the PROFESSIONAL shall have the opportunity to WCSD. Each unit member must be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and categorized into one or more positions for which the PROFESSIONAL unit member is deemed qualified to hold, applying the following criteria to those unit members on the most recent “Seniority Year List”:
1. State License certification, subject area endorsement and highly qualified status as defined by the SuperintendentNCLB;
2. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days Criminal records consisting of receipt of generally acceptable written notificationgross misdemeanor convictions;
3. Notice of recall shall be sent to Seniority – includes - National Administrative Board Certification;
4. Performance evaluations as defined below in the PROFESSIONAL “groupings” as described for FY 2011-2012 and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.FY 2012-2013;
Appears in 1 contract
Sources: Negotiated Agreement
REDUCTION IN FORCE. 15.1 It 16.1 The Agency shall notify the Union President upon receipt of an approved reduction-in-force (RIF) prior to notification of unit employees. The Union President shall be informed as to the estimated number of affected employees in the unit, the date action is understood to be taken and the reason for the RIF. The Agency will inform the Union President concerning efforts to minimize the adverse effects on unit employees, upon request. The Union President will be notified of final action taken by the ASSOCIATION Agency in accordance with this provision, upon request.
16.2 The Agency agrees that in the event of a RIF, an active out-placement program will be implemented. The primary aim of this program will be to help find a position in the federal service for each affected employee commensurate with that employee’s knowledge, skills, abilities, experience and RCPS that the BOARDqualifications and, if possible, career goals.
a. The Agency will register affected employees in keeping with its responsibility to operate the public schools all current federal and Department of the cityInterior out-placement programs for which they are qualified by law or regulation.
b. The Union will be furnished, upon request, instances of job offer refusals by affected employees.
c. The Union will be furnished updates on the progress of the out-place- ment program during a RIF, upon request.
16.3 The Union and the Agency will encourage each employee to determine educational policies, recognizes ensure that from timehis/her Official Personnel ▇▇▇▇▇▇ (OPF) and Application for Federal Employment/Resume are up-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require date as soon as a RIF is approved. The Agency will add to the implementation of a reduction OPF any verifiable changes or amendments the employee submits which are permitted in staffthe OPF.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan 16.4 Any RIF will not be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS delayed due to impact bargaining or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy appeals to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rightsFederal Labor Relations Authority, and chooses to exercise those rights in accordance with the preceding requirementsFederal Services Impasses Panel, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that Merit Systems Protection Board or any other positionthird party.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area 16.5 Placement efforts shall remain in which the PROFESSIONAL teaches fifty percent (50%) effect until all affected employees are either placed, rendered ineligible or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results separated from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transferfederal service.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by 1. All actions involving Reduction-in-Force (RIF) will be administered in accordance with 5 USC 3501-3504, 5 CFR Part 351, VA Handbook 5005, and other applicable laws and regulations.
2. The Employer shall notify the ASSOCIATION and RCPS that Union in writing of any impending RIF action affecting employees. The employer agrees to notify the BOARD, in keeping with its responsibility Union at the earliest possible date but no later than 90 calendar days prior to operate the public schools effective date. The notification shall give full details of the cityimpending action and shall consist, and to determine educational policiesat a minimum, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and the reason for the action, (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year the approximate number, types, and location of positions affected, and (3) the approximate date of the action. The Union shall have the right to negotiate with the Employer, if requested by the Union, concerning the impact of the RIF action on bargaining unit employees on issues not already covered in the contract. The Employer will maintain all lists, records, and information pertaining to actions taken under this Article for at least two (2) years in accordance with applicable rules and regulations.
3. The Employer will freeze all relevant vacant positions within the facility at least 60 calendar days prior to the effective date of a RIF. When the Employer decides to fill a vacant position after the effective date of the RIF, whether previously frozen by virtue of RIF or in the creation of new vacancies, affected employees will receive special placement consideration in accordance with the provisions and requirements of the VA Career Transition Assistance Plan.
4. An individual employee who is more senior adversely affected by actions stated in this Article shall be given a specific notice not less than a PROFESSIONAL 60 calendar days prior to the effective date of the action. All such notices shall contain the information required by OPM governing regulations. The Employer shall also provide any employee to be separated by RIF with the appropriate information regarding unemployment benefits and any severance pay available to them.
5. The Employer shall provide complete information needed by employees to fully understand the action and why they are affected. The Employer will (1) inform all employees as fully and as soon as possible of the plans or requirements for actions in that other endorsement accordance with applicable rules and regulations; (2) inform all employees of the extent of the affected competitive area, the more senior individual may replace regulations governing such action and the less senior individual in that endorsement area. The less senior individual kinds of assistance provided to affected may also move if the PROFESSIONAL fulfills the same three employees; (3) criteriaprovide information to employees on career transition, and Federal and non-Federal job listings; (4) conduct a placement program within the Employer to minimize the adverse impact on employees who are affected by RIF, including counseling for employees by qualified personnel on opportunities and alternatives available to affected employees; and (5) provide career transition services to affected employees in accordance with the VA Career Transition Assistance Plan.
6. Licensure The Union may review any bargaining unit employee's OPF at an employee's written request if the employee believes that the information used to place him on the register is inaccurate, incomplete, or not in accordance with laws, rules, regulations, and endorsement are defined provisions of this Article.
7. Employer will state in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy writing that to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 best of each school year which shall cover all PROFESSIONALS covered by this Agreementits knowledge the retention register is accurate as of the date it was developed. A PROFESSIONAL whose original position is being reduced or abolished is to be notified copy of the retention register, as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS appropriate, will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original positionUnion, if restored, for a period not to exceed requested by the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, Union in writing, of at the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionearliest possible time.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) 8. Employees who are identified for separation or more of the time or works. In the event change to a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved lower grade as a result of RIF under this Article shall be entitled to reasonable time while otherwise in a duty status without charge to leave for (1) preparing, revising and reproducing job resumes and/or job application forms; (2) participating in local employment interviews; (3) using the implementation telephone for local calls for reasonable periods of time to locate suitable employment; and (4) reviewing job bulletins, announcements, etc. Such employees will also be entitled to reasonable use of the facilities and/or services for the purpose of locating suitable employment including local telephone, reproduction equipment, interagency messenger mail, E-mail, typing, and counseling. Release from duty must be requested and approved and use of equipment is subject to availability due to work requirements.
9. Except for employees who are re-rated as allowed in 5 CFR Part 432, annual performance appraisals used for the purpose of retention standing will be frozen 60 calendar days prior to the effective date of the action. The three (3) latest annual appraisals of record prior to the freeze will be used to determine eligibility for additional credit toward an employee's SCD. To be credited under this article Section, an appraisal must have been issued to the employee with all appropriate reviews and signatures and must be on record.
10. Upon receipt of specific notice notifying the employee that they are offered a reassignment or change to lower grade or will be released from their competitive level, the employee shall have 14 calendar days in which to accept or reject the initial offer made. If an employee is to be released from their competitive level, the "best offer" will be as close to the employee's current grade as possible. If a position with a higher representative rate or grade (but not higher than the rate or grade of the employee's current position) becomes available on or before the effective date of the RIF, the Employer will make the better offer to the employee. However, making the better offer will not extend the 60 calendar day notice period. Employees on detail will not be entitled released during a RIF from the position to consider which they are detailed but from the movement an involuntary transferaffected employee's permanent position of record.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It
Section 1 This Article governs (a) transfers of function and (b) the separation, demotion, reassignment requiring displacement of an employee, or furlough for more than thirty (30) calendar days of bargaining unit employee(s) by reduction- in-force (RIF) from their respective levels. The RIF will be accomplished in accordance with statutory requirements, OPM rules, regulations, and this Agreement.
Section 2 When it is understood anticipated that a transfer of function or RIF affecting bargaining unit employees will be necessary, the employer will request early-out authorization for such employees if the OPM guidelines or regulations may permit the authorization. In instances where early out authorization is not requested the employer will provide the reasons for the decision to the Union at the time of the preliminary RIF notification. The President of the National Council or the local President, if a local exists at the Field Office(s) affected by the ASSOCIATION action, will be given preliminary notification not less than 5 days prior to the issuance of general or specific notice to employee. The notification will include:
A. The types of action to be taken.
B. The reasons for the action and RCPS that the BOARDamount of “shortfall” if the action is due to lack of funds.
C. The competitive area(s) which are proposed to be used and the competitive levels; in each competitive area the employer agrees not to utilize competitive levels which include part but not all of the positions in a job series and grade.
D. The approximate numbers, types, and grades of positions
E. The expected or approximate date of each action.
F. A copy of any economic impact study made in keeping conjunction with the action.
G. Other information related to the action which is available to the employer.
Section 3 Upon receipt of preliminary notification, the Union may request bargaining concerning aspects not covered by this Article. Upon such request, the parties will meet to negotiate such aspects at the earliest possible time.
Section 4 The employer agrees to minimize adverse effects upon employees by accomplishing actions under this Article to the extent feasible through attrition and other alternatives as may be appropriate; the Union may make suggestions as to such alternatives and the employer will fully consider and respond promptly with its responsibility decision on the suggestions.
A. The Agency may waive qualification requirements in accordance with government-wide regulations for otherwise eligible employees.
B. Where bargaining unit employees have received a notice of an action under this Article, the Agency will consider such employees for vacancies within the bargaining unit in the competitive area for which they are qualified.
A. When issuing RIF notices, the Agency will ensure the minimum notice periods will be consistent with 5 CFR 351.801.
B. In addition to operate the public schools content required per 5 CFR 351.802 and 803, specific notices will also include:
(1) Applicable appeal/grievance rights.
(2) The action, to be taken and the effective date.
(3) The employee’s service computation date, competitive area, competitive level, and subgroup.
(4) Any offer of assignment by grade, title, series, and location, including the date by which acceptance is to be given to the employer (within 7 calendar days after receipt of the citynotice).
(5) The reasons any lower standing employee is being retained in the same competitive level for more than 30 days.
(6) Any other relevant information such as grade and pay retention. Upon request, the employee will be furnished with an extra copy of the notice.
Section 7 Retention registers will be available for review in a duty status by employees and the Union at the time specific notices are issued. Additional records will be provided where applicable and appropriate. Retention registers shall be established and employees listed in order of their retention standing, tenure group, and subgroup. At the request of the employee, the employee and/or the employee’s, representative will be given the opportunity to determine educational policies, recognizes review retention registers listing other employees that from time-to-time conditions, including but not limited to, evaluation of programs, enrollmentmay be entitled to displace him or her and those he or she may be entitled to displace, and economic conditionsreview registers for positions for which the employee is qualified and related records to the extent that these are related to the employees’ situation. Upon request the employer will make copies of relevant records available to employee(s) or the Union, may require the implementation of to permit pursuing a reduction in staffcorrective action, complaint, or grievance.
15.2 Section 8 The employer will take appropriate action to prevent improper release of an employee in regard to incorrect crediting of service time, administrative error, or other incorrect action.
Section 9 When release is unavoidable the employer agrees to reduce the adverse effects of the release by:
A. Offering the affected employee a best offer of an available position whenever possible; any offer of employment will be at the highest respective rate allowable under government-wide regulations.
B. Granting administrative leave and relocation expenses in accordance with applicable government-wide regulation on a case-by-case basis.
C. Making available complete information needed by employees to fully understand the RIF, transfer of function, or furlough for more than 30 days and why the employees are affected.
D. Upon request assisting employees affected by an action under this Article in use of the services of the OPM Career Transition Assistance Plan and the Interagency Career Transition Assistance Program, and training or benefits under State Employment Agencies in accordance with OPM.
Section 10 Eligible career or career-conditional employees who are separated because of RIF will be placed on a reemployment priority list, and such employees will be given priority for rehiring in the competitive area for permanent positions for which they are qualified and available. Acceptance of temporary employment will not alter an employee’s right to be offered permanent employment.
Section 11 The employer will maintain records related to actions under this Article for a least 25 months after the effective date of an action where such records could establish whether the action is appropriate.
A. The employer will provide the Union with relevant information on a timely basis during an action under this Article, if other actions, such as reorganization, appear to be necessary. Notification will also be provided where the change or new information would be relevant to the original action or assist the Union in representation duties.
B. In the event a reduction in staff is implementeddisputes arise as to the duty to provide any such information, the least senior individual within Union’s participation in related activities will not affect the endorsement area required for Union’s right to pursue the reduction in force plan will be laid off firstinformation through other procedures. In the event relevant information becomes available after completion of an Agreement on the individual who impact of an action under this Article, such agreement may be reopened prior to the effective date(s) of the action(s).
Section 13 If, as a result of actions under this Article, an employee is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior assigned duties different than a PROFESSIONAL in that other endorsement areathose previously performed, the gaining supervisor will assure that the employee is provided appropriate instructions, guidance, or training to assume the responsibilities of the position within 60 days. Supervisors will discuss training needs with employees performing different duties on an ongoing basis and will provide on-the-job training as needed.
Section 14 Salary retention for released employees will be the maximum allowable under appropriate law and regulations.
Section 15 Employees on detail will compete for retention from their permanent position, including competitive area and level, rather than from the position of detail.
Section 16 The employer will assure that each affected employee is treated as an individual to the maximum extent possible to resolve special problems and to give special assistance.
Section 17 Activities under this Article will be on official time for employees and Union representatives. Appropriate activities may include explanation of questions, reviewing records, and representation in contacts with the appropriate management officials.
Section 18 The following procedure will be used to break ties when two or more senior individual may replace the less senior individual employees in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills a competitive area and level have the same three (3) criteriaservice computation date. Licensure and endorsement are defined Employees as described above will receive additional credit for the amount of experience, if any, in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy job related to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year position from which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished the release is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or workstake place. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%)tiebreaker is still necessary, the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after at the notification has been given which shall not employee’s Field Office will be greater than three school daysused. The final decision as to Should a further tie result, the scope and nature employee with the lowest number in the 8th digit of the reduction in staff social security number will be subject to release; it is agreed the number “0” is lower than “1.”
Section 19 The competitive area shall be made by a local commuting area unless it is not large enough to permit adequate competition in accordance with applicable regulations; the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It only exception shall be the responsibility of the PROFESSIONAL Houston area wherein competitive area shall be determined on layoff to provide the Superintendent with an updated current mailing addressa case-by-case basis.
Appears in 1 contract
Sources: Labor Management Agreement
REDUCTION IN FORCE. 15.1 It is understood by 25-1 The Employer will notify the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools Union of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the any proposed reduction in force plan affecting bargaining unit employees as far in advance as is practicable, but not less than fifteen (15) days prior to receipt of reduction-in-force (RIF) notices by bargaining unit employees. This notification will to the extent of the information available state the grade levels and the number of positions abolished, the proposed date and the reason for action. Office of Personnel Management regulations covering RIF procedures for employees in the competitive service will be laid off firstutilized by the Employer throughout the RIF process. The Employer will make RIF registers and other pertinent records available for review by the Union.
25-2 DEFINITIONS: The following definitions apply to this article:
a. Local Commuting Area - the geographic area that usually constitutes one area for employment purposes. It includes any population center(s) and the surrounding localities in which people live and reasonably can be expected to travel back and forth daily in their usual employment. In the event of an anticipated RIF, the individual parties will meet to discuss and establish local commuting areas.
b. Competitive Levels – groups established by the Employer, consisting of all positions in the same grade (or occupational level) and classification series and which are similar enough in duties, qualification requirements, pay schedules, and working conditions so that an Agency may reassign the incumbent of one position to any of the other positions in the Competitive Level without undue interruption.
25-3 A specific RIF notice will be given to affected bargaining unit members not less than 60 days prior to the effective date of the RIF and will include but not be limited to:
a. the specific RIF action to be taken;
b. the effective date of the action;
c. the employee's competitive area, level, sub-group, and service date;
d. the place where the employees and Union representatives can inspect the regulations and records that are pertinent to his/her case;
e. grade and pay retention information;
f. the employee's appeal rights, an appeal form and the address of the appropriate Merit Systems Protection Board office; and
g. information on outplacement programs.
25-4 It is agreed that the Union will meet as frequently as necessary with the Employer to insure compliance with the provisions of all applicable rules recognized for the purpose of providing effective placement of personnel in the RIF, and insuring re-promotion and re-employment rights. The Union will be provided one copy of the RIF rules, to include all updates provided to the Employer. Maintenance of the RIF documents provided to the Union will be the Union’s responsibility. The Employer recognizes the need for RIF’d employees to be trained when they are placed in new jobs.
25-5 RE-PROMOTION: Employees who have been downgraded because of the RIF process will obtain priority re-promotion consideration to their former grades as follows:
a. Employees selected for re-promotion to positions at their former grades and competitive levels will be promoted without competition and in accordance with applicable rules and regulations. The Union will be provided copies of these regulations.
b. Employees will receive re-promotion consideration to positions at their former grades or to intervening grades if they are minimally qualified for the position. Re-promotion consideration will also be effected if it can be demonstrated that the employee would minimally qualify for the position within 90 days.
c. Re-promotion of affected employees will be effected prior to any other permanent employee being hired into the same type or grade of a position.
d. An employee meeting the above criteria who believes he/she has not been adequately considered for re-promotion may file a grievance under the negotiated grievance procedure.
25-6 The Employer agrees that in a RIF, in accordance with Title 5 CFR Part 351, Section 351.803, all existing outplacement programs will be fully utilized, including utilization of the USDA Priority Placement Program, for affected bargaining unit employees who are being changed to a lower grade or separated.
a. The Union and the Employer will jointly encourage each employee to see that his/her Official Personnel Folder (OPF) and application material are up to date as soon as the RIF is laid off is announced. The Employer will work with the affected bargaining unit employees in registering in existing outplacement programs and assuring that application material and OPF’s are current. At this time, outplacement eligibilities will be discussed.
b. The Employer agrees to provide Union officials all information on the out-placement programs that are available to the affected bargaining unit members who fit into this program.
c. An employee shall lose eligibility for the outplacement program if he/she refuses one
(1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionvalid job offer.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. d. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff Employer agrees to provide the Superintendent with an updated current mailing addressUnion officials information on how employees may update their OPF and application material.
Appears in 1 contract
Sources: Labor Management Relations Agreement
REDUCTION IN FORCE. 15.1 It 132 The University endeavors to provide continuing employment for Employees. Reductions in work force may be necessary due to lack of funds, lack of work, and/or other cause, not to undermine the Association. A reduction in force will not be used for constructive discharge. An Employee may exhaust accrued vacation at the time of layoff but doing so will not extend the Employer’s health care contributions. -133 Whenever practicable, reductions should be made by:
A. restricting recruitment,
B. transfers to vacant lateral or lower-level positions where the Employee is understood capable of performing the work, and/or
C. normal attrition, but if deemed necessary by the ASSOCIATION and RCPS that University, layoffs will be utilized. -134 Employees to be laid off shall be given a minimum of sixty (60) calendar days notice--a copy of which will be sent to the BOARDAssociation President--not to be offset by accrued vacation. -135 In the event of a National, State or University declaration of a state of disaster or state of emergency directly affecting the University’s normal operations:
A. Where no work is available due to such conditions Employees shall be granted up to three (3) work days of paid administrative leave to cover their absence from their normally scheduled hours of work. Employees who are absent due to sick or annual leave usage or who have previously scheduled annual leave during the declared emergency are not entitled to paid administrative leave. An Employee required to work during such declared emergencies shall, at a minimum, in keeping with its responsibility addition to operate pay, be granted paid time off equal to the public schools number of hours worked, unless said Employees are entitled to overtime compensation pursuant to other contractual provisions;
B. With notification to the Association, after the three (3) work days of paid administrative leave days provided in subsection (A) above, the Employer may temporarily layoff Employees for an additional period of twenty-seven (27) work days without providing to affected Employees the minimum sixty (60) day written notification required by Paragraph 138, provided, however, the Employer shall give such affected Employees and the Association a written confirmation of their layoff status as soon as is administratively possible under the circumstances. Employees placed on temporary layoff may use accrued vacation leave, accrued personal leave and/or compensatory time to cover the period of the citytemporary layoff or choose to be placed on unpaid leave; provided, however, while on temporary layoff, an Employee may request a change to sick leave usage for time taken for a documented illness; Employees without sufficient accrued vacation leave, accrued personal leave and/or compensatory time to cover all of the period of the temporary layoff shall be placed on an unpaid leave for all the uncovered balance of the temporary layoff period. An Employee who incurs unpaid leave as a result of the temporary layoff shall have continued coverage under their current plan with the existing level of University contribution for Employer-paid health care coverage, prescription drug, dental, life insurance and insurance programs from the time of layoff continued during the temporary layoff;
C. Upon expiration of the temporary layoff period provided for by this Paragraph, all Employees affected by the temporary layoff shall be recalled to their respective major units, unless notified in advance in writing, with a copy to the Association, that he or she is being continued on an indefinite layoff. Nothing in this sub- paragraph shall preclude a grievance being filed by the Association on behalf of such affected Employees seeking to enforce Paragraphs 132-133, 137 and 143- 150of this Article;
D. The Association and the Employer shall meet in a special conference as soon as possible but no later than seventy-two (72) hours following the declaration of any emergency, and to determine educational policiesin subsequent meetings as needed upon the call of either party. One of the special conference issues which shall be addressed will be the impact of the emergency upon the bargaining unit.
E. For purposes of this Paragraph, recognizes that “emergency” shall mean an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from timea natural or man-to-time conditionsmade cause, including including, but not limited to, evaluation of programsfire, enrollmentflood, and economic conditionssnowstorm, may require the implementation of ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic or public health emergency, air contamination, blight, drought, infestation, explosion, or hostile military action, or similar occurrences resulting from terrorist activities, riots, or civil disorders. -136 Within a reduction in staff.
15.2 In the event a reduction in staff is implementedunit, the least senior individual within the endorsement area required for the reduction in force plan by classification, probationary Employees will be separated before non- probationary Employees are laid off first. In the event the individual who off, where it is laid off is (1) licensed in another endorsement area(s) and (2) has taught in determined that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity probationary Employees are likely to be recalled for capable of performing the work within a period of twenty-four ninety (2490) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing addressdays.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood 17.3.1 The District may lay off or reduce the FTE status of employees as made necessary due to lack of work, budgetary constraints or other business-related reasons. Any such reduction in personnel or reduction in FTE status of greater than .1FTE, shall be considered a reduction-in-force for purposes of this Agreement.
17.3.2 An approved leave of absence does not prevent an employee from being subject to reduction-in-force.
17.3.3 Prior to a reduction-in-force, the District will provide 30 days written notice to the employee(s) affected and to the bargaining representative. During such period the bargaining representative may offer proposals regarding alternatives to the reduction-in-force which will be duly considered by the ASSOCIATION District. If the affected employee(s) is an initial trial service employee(s), the above procedure will not apply and RCPS that the BOARDDistrict will be required to give the employee a minimum of one day advance notice.
17.3.4 An employee affected by a reduction-in-force shall be transferred to a vacant position within the same classification with the same FTE allocation (if any); provided he/she meets the minimum skills, in keeping with its responsibility to operate abilities and qualifications, and can perform the public schools full range of duties of the cityposition, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of with a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off firstbrief orientation or familiarization period. In the event the individual who that no such position is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement areaavailable, the more employee will be offered the options from the list below to the extent they are available within the bargaining unit, and will be given five (5) business days following notice to choose among available options:
a) The right to bump the least senior individual may replace the less senior individual employee in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three classification (3or from a lead to a non-lead) criteria. Licensure with a comparable FTE allocation provided he/she has more seniority than the employee being bumped, meets the minimum skills, abilities and endorsement are defined in qualifications for the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rightsposition, and chooses to exercise those rights in accordance with can perform the preceding requirements, notification to any PROFESSIONAL who is bumped full range of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance duties of the position where seniority with a brief orientation or familiarization period. “Comparable FTE allocation” shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place mean the identical FTE allocation or, in the endorsement area the PROFESSIONAL teaches in at the time absence of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in forceposition with an identical FTE allocation, the PROFESSIONAL must have position with the endorsement(s) in place by April 1 FTE allocation closest to the FTE allocation of the year in which any reduction is madeemployee designated for layoff. In An employee denied the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled right to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for bump into a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.because the
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It 9.01 If the daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is understood no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the ASSOCIATION and RCPS employee that is within the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staffbargaining unit.
15.2 In 9.02 When in the event a of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is implementedrequired, the least senior individual within the endorsement area required for the number of people affected by a reduction in force plan will be laid off firstkept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position.
9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. In On the event basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal opportunity to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement areaselect temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy assignments would be subject to the REA President. The list will procedure outlined in 9.04 below.
9.04 All openings, including vacancies resulting from 9.02 above, shall be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover announced and open for bids by all PROFESSIONALS covered eligible employees as provided by this Agreement. A PROFESSIONAL whose original position is being reduced Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on their temporary assigned positions or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that timeon any other existing openings for which they are qualified. If the PROFESSIONAL has bumping rightsdisplaced employees’ bids are accepted, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped said group of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which employees shall not be greater than three school days. required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees.
9.05 For the purpose of this section the following classification series shall be deemed to exist: Secondary Child Nutrition, Elementary Child Nutrition, Pre-School Child Nutrition and Breakfast Child Nutrition, Arts Academy and High Ability Programs Child Nutrition, and Alternative School Child Nutrition.
9.06 The final decision as following classifications shall be assigned to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.specified series listed above:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by 18.1 The District retains the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and right to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of when a reduction in staff.
15.2 In force/layoff is necessary, the event number of individuals who must be terminated, and the areas within which such reductions in force will occur. When a reduction in staff force is implementednecessary, the District will notify the Association at least senior individual within the endorsement area required for sixty (60) working days (defined as Monday- Friday excluding weekends and holidays) before any reduction in force is to take place. The Association will utilize an advisory committee to review the reduction in force plan and will work with the District to provide suggestions regarding the procedures to follow. (2021)
18.2 Subject to the determination in 18.1 above, the parties agree to the following:
18.2.1 Employees who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be laid off firstthe first to be separated. In the event the individual (2003)
18.2.2 Once employees who is laid off is (1) licensed volunteer to leave have been identified under 18.2.1, an employee who becomes involved in another endorsement area(s) and (2) has taught a reduction in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy force procedure will be assigned to the REA President. The list will be posted next equivalent administrative position that is or becomes vacant on or after the date the District notifies the Association of the planned reduction in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rightsforce, and chooses to exercise those rights in accordance with his/her certification and qualifications. In regards to salary, the preceding requirementsequivalent administrative position shall mean a position at the same column or grade as on the employee’s designated salary schedule (either the School Psychologist Salary Schedule or the Professional/Technical Salary Schedule). In regards to full time equivalency, notification to any PROFESSIONAL who is bumped of equivalent administrative position shall mean at the loss of their same full time equivalency as the employee’s current position. For example, an employee in a full-time position will be within ten (10) days after RCPS is notified of the acceptance of assigned to a "bump" vacant full time position, and an employee in a half time position will be assigned to a vacant half time position.
18.2.3 If no equivalent position is or becomes vacant, any additional reduction in force of employees shall be determined by using the April 15 date notwithstandingfollowing criteria. The PROFESSIONAL shall then Employees are only eligible to bump employees at the same or lower column and/or grade and with the same or lower full-time equivalency. Professional-Technical employees are only eligible to bump in their occupational series, as outlined in Appendix D. (2003) In accordance with his/her certification and qualifications, an employee will bump the least senior employee in his/her present classification, and that employee will bump the least senior employee as specified above.
18.2.3.1 Seniority as an employee is based on total consecutive years of administrative service in the school district.
18.2.3.2 Seniority in the current administrative position based on the total consecutive years in the current administrative position.
18.2.3.3 Seniority with the District, based on the total consecutive years with the District. (2003)
18.2.3.4 All other conditions being equal, a lottery will be used to determine the outcome.
18.2.4 Employees who are affected by the provisions of Article 18.
2.3 will move to the next lower vacant administrative position within the bargaining unit, in accordance with his/her certification and qualifications. If an employee is affected by a reduction in force and is placed in a position at a lower salary, the employee will be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights as close to their original positionhis/her previous salary, if restored, for a period not to exceed the recall rights top of twenty- four (24) monthsthe salary schedule of the position. After the twenty-four (24) months periodWhen there are more administrative employees than reappointment positions, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, criteria of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position18.2.3 will apply.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.
Appears in 1 contract
Sources: Negotiated Agreement
REDUCTION IN FORCE. 15.1 It The parties recognize the principle of seniority in the application of this Agreement concerning reduction in force, and/or reduction of hours by more than one hour per day, provided the employee is understood by fully qualified to perform the ASSOCIATION duties and RCPS that the BOARD, in keeping with its responsibility to operate the public schools responsibilities of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staff.
15.2 In the event a reduction in staff is implemented, the least senior individual within the endorsement area required for the reduction in force plan will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should When a reduction in force take place in occurs by the endorsement area the PROFESSIONAL teaches in at the time elimination of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in forceposition, the PROFESSIONAL must employee shall be placed on “layoff status”. Written notification that the position has been eliminated and the employee is “laid off” will be sent to the employee’s last known address by regular mail or emailed to their district email address or another email address provided by the employee or by hand delivery to the affected employee within five (5) working days by the Director of Human Resources. The union shall also receive a copy of said “laid off” notice. If an employee’s hours have the endorsement(s) in place been reduced by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less hour per day or the reduction will disqualify an employee who is currently receiving insurance benefits from those benefits, said employee shall have the right to stay in the reduced (hours) position or the right to bump the least senior PROFESSIONAL, employee within the final placement decision will be made by RCPS.
15.5 Movement same or lower classification who holds a position the employee is qualified for and whose hours are no more than 130% of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positionshours the affected employee held before the layoff. A PROFESSIONAL who is moved as a result of the implementation of this article will laid off employee shall have three business days to decide whether or not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at exercise their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full timebumping rights. If a part time PROFESSIONAL accrues more seniority than vacancy exists in a full time PROFESSIONAL in same or lower classification when an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time positionemployee is placed on layoff status, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will employee on layoff status would be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL vacancy. The employee shall have three working days from the opportunity date of notification of the vacancy to decide if he/she is interested in the vacant position. If said employee was interested in the vacant position, said employee would be interviewed for the position. If said employee was determined to be recalled fully qualified for the vacant position, he/she would be offered the position. The employee shall have three working days to decide whether he/she wants the position. If said employee declines the job offer, then he/she would automatically be eligible to bump according to the above standards, provided he/she is fully qualified to perform the duties and responsibilities of the position. If said employee declines to bump, he/she shall be placed on layoff and retain seniority and right to recall, within same or lower classification, in seniority order for a period of twenty-four twelve (2412) months beyond after the expiration date of his contract for layoff except as noted below: If said employee on layoff status declines a position which is vacant and for which job offer based upon the PROFESSIONAL is deemed qualified by above procedure twice, the Superintendent. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notification. Notice of recall shall be sent school district’s obligation to the PROFESSIONAL employee is completed and ASSOCIATIONthe employee will be terminated with no seniority rights or recall rights. A refusal to accept An employee exercising the bumping rights under this contract will not experience a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing addressstep reduction.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It 9.01 If the daily hours of an employee are reduced, such employee may bump the least senior employee in that classification with greater hours, provided such hours are equal to or less than the employee’s hours prior to the reduction. If there is understood no less senior employee within the classification with greater hours, the employee may bump the least senior employee with greater hours in any classification previously held by the ASSOCIATION and RCPS employee that is within the BOARD, in keeping with its responsibility to operate the public schools of the city, and to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of a reduction in staffbargaining unit.
15.2 In 9.02 When in the event a of building closing, job abolishment, or other reason determined by the Superintendent, reduction in staff is implementedrequired, the least senior individual within the endorsement area required for the number of people affected by a reduction in force plan will be laid off firstkept to a minimum through attrition and by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position.
9.03 Except for classified employees, in which case Civil Service seniority shall take precedence, Child Nutrition seniority shall apply for purposes of retrogression. In On the event basis of such seniority, displaced personnel, if qualified and if unassigned because of conditions described in 9.02 above, shall be given the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal opportunity to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement areaselect temporary assignment to any existing vacancies as well as to all vacancies resulting from 9.02 above. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy assignments would be subject to the REA President. The list will procedure outlined in 9.04 below.
9.04 All openings, including vacancies resulting from 9.02 above, shall be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover announced and open for bids by all PROFESSIONALS covered eligible employees as provided by this Agreement. A PROFESSIONAL whose original position is being reduced Therefore, displaced personnel assigned in the manner outlined in 9.03 above may bid on their temporary assigned positions or abolished is to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that timeon any other existing openings for which they are qualified. If the PROFESSIONAL has bumping rightsdisplaced employees’ bids are accepted, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped said group of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other position.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place in the endorsement area the PROFESSIONAL teaches in at the time of reduction. Unpaid leaves of absence will not count toward seniority except for time on Professional Leave as specified in Article 8.
15.4 In order for a PROFESSIONAL'S additional endorsement to be considered in a reduction in force, the PROFESSIONAL must have the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease full time employment and take approved part time teaching positions for RCPS. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which employees shall not be greater than three school days. required to remain in these positions a full year before bidding on other positions as normally required for lateral transfers and new employees.
9.05 For the purpose of this section the following classification series shall be deemed to exist: Child Nutrition Production, Child Nutrition Vended.
9.06 The final decision as following classifications shall be assigned to the scope and nature of the reduction in staff shall be made by the BOARD.specified series listed above: 9.0601 Child Nutrition Production
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due to a reduction in staff, the PROFESSIONAL shall have the opportunity to be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and for which the PROFESSIONAL is deemed qualified by the Superintendent1. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days of receipt of generally acceptable written notificationProduction Kitchen Manager
2. Notice of recall shall be sent to the PROFESSIONAL and ASSOCIATIONCafeteria Cook 3. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.Food Production Assistant/Food Handler
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. 15.1 It is understood by 19.1 The School District retains the ASSOCIATION and RCPS that the BOARD, in keeping with its responsibility to operate the public schools of the city, and right to determine educational policies, recognizes that from time-to-time conditions, including but not limited to, evaluation of programs, enrollment, and economic conditions, may require the implementation of when a reduction in staff.
15.2 In force/layoff is necessary, the event number of individuals who must be reduced/laid off, and the areas within which such reductions in force will occur. When a reduction in staff force is implementednecessary, the least senior individual within District will notify the endorsement area required for Association. The Association will utilize an advisory committee to review the reduction in force plan and to provide suggestions to the District regarding the procedures to follow.
19.2 Subject to the determination in 19.1 above, the parties agree to the following:
19.2.1 First, unit members who volunteer to leave (terminate) from the area(s) affected by the reduction in force will be laid off first. In the event the individual who is laid off is (1) licensed in another endorsement area(s) and (2) has taught in that other endorsement area(s) in RCPS or another school district for a period equal to at least one (1) school year and (3) is more senior than a PROFESSIONAL in that other endorsement area, the more senior individual may replace the less senior individual in that endorsement area. The less senior individual affected may also move if the PROFESSIONAL fulfills the same three (3) criteria. Licensure and endorsement are defined in the Regulations Governing the Licensing of Educators and the Preparation of Educational Professionals by the Vermont Agency of Education. RCPS shall develop a seniority/licensure list annually and provide a copy to the REA President. The list will be posted in each faculty room in RCPS no later than November 15 of each school year which shall cover all PROFESSIONALS covered by this Agreement. A PROFESSIONAL whose original position is being reduced or abolished is first to be notified as early as practicable in writing but no later than April 15. A list of open and posted positions in RCPS will be made available to the PROFESSIONALS at that time. If the PROFESSIONAL has bumping rights, and chooses to exercise those rights in accordance with the preceding requirements, notification to any PROFESSIONAL who is bumped of the loss of their position will be within ten (10) days after RCPS is notified of the acceptance of a "bump" position, the April 15 date notwithstanding. The PROFESSIONAL shall then be placed on the recall list for their original and reduced position only. Once a PROFESSIONAL accepts a "bumped" position they shall have rights to their original position, if restored, for a period not to exceed the recall rights of twenty- four (24) months. After the twenty-four (24) months period, the "bumped" position shall be considered the PROFESSIONAL’s permanent assignment. It is understood that once a PROFESSIONAL advises RCPS that the PROFESSIONAL has rights to "bump" into another position in accordance with the above procedure, the PROFESSIONAL must notify RCPS, in writing, of the intent to accept the position in that endorsement area within ten (10) days of the notice of reduction of the PROFESSIONAL'S original position. Failure to notify RCPS of acceptance of the "bump" position voids the PROFESSIONAL'S right to that or any other positionseparated.
15.3 Seniority is defined as the total amount of RCPS service within the endorsement area 19.2.2 Second, members who become involved in which the PROFESSIONAL teaches fifty percent (50%) or more of the time or works. In the event a PROFESSIONAL'S teaching responsibilities are evenly split (50%/50%), the PROFESSIONAL may decide at the time of acceptance of the position where seniority shall accrue. A PROFESSIONAL who is transferred or reassigned by RCPS from one endorsement to another or has been bumped from one endorsement area to another will have their total district seniority counted should a reduction in force take place procedure will be assigned to the next equivalent administrative position that becomes vacant, in the endorsement area the PROFESSIONAL teaches in accordance with their certification and qualifications. In regards to salary, equivalent administrative position shall mean a position at the same column on the Administrative Salary Schedule, or the same daily rate as the member’s current position. In regards to full time of reductionequivalency, equivalent administrative position shall mean at the same full time equivalency as the administrator’s current position. Unpaid leaves of absence For example, an administrator in a full time position will be assigned to a vacant full time position, and an administrator in a half time position will be assigned to a vacant half time position. Employees who are working in non-principal positions are not count toward seniority except for time on Professional Leave eligible to be assigned to principal positions, unless the employees previously worked as specified a principal in Article 8WCSD.
15.4 In order for a PROFESSIONAL'S 19.2.3 Third, if no equivalent position becomes vacant, any additional endorsement to be considered in a reduction in force, force of unit members shall be determined by using the PROFESSIONAL must have following criteria in rank order listed. Administrators are only eligible to bump employees at the endorsement(s) in place by April 1 of the year in which any reduction is made. In the event the more senior PROFESSIONAL has multiple endorsements and may displace more than one other less senior PROFESSIONAL, the final placement decision will be made by RCPS.
15.5 Movement of PROFESSIONAL(s) that results from the Reduction in Force will not be construed as creating vacancies and will not be posted positions. A PROFESSIONAL who is moved as a result of the implementation of this article will not be entitled to consider the movement an involuntary transfer.
15.6 Less than full time staff will accrue seniority on a pro-rata basis. Licensed staff who have been employed as full-time PROFESSIONALS and who become part time PROFESSIONALS, at their own request same or lower column and with the approval of RCPS, will continue to accrue seniority pro-rata when they cease same or lower full time employment and take approved part time teaching positions for RCPSequivalency. Licensed staff who have been employed as full-time PROFESSIONALS and who are reduced to part time positions by RCPS action or "bump" will continue to accrue seniority Employees in the part time position on the same basis as if they had continued full time. If a part time PROFESSIONAL accrues more seniority than a full time PROFESSIONAL in an endorsement area or would have more seniority in another endorsement area due to multiple endorsements, but RCPS requires a full-time position, the part time PROFESSIONAL must accept full time employment or lose any rights to that position and will lose rights to any recall.
15.7 A PROFESSIONAL in a long-term substitute assignment who has served consecutively for at least 100 days in the same position, and is subsequently hired for that position, the term of service will be used for purposes of seniority.
15.8 RCPS will notify the ASSOCIATION of plans to implement a reduction in staff promptly upon the development of any plan. RCPS will meet with the ASSOCIATION to discuss those plans within a reasonable amount of time after the notification has been given which shall not be greater than three school days. The final decision as to the scope and nature of the reduction in staff shall be made by the BOARD.
15.9 In the event a PROFESSIONAL is notified of the non-renewal of his contract due principal positions are not eligible to bump into principal positions, unless the employee previously worked as a reduction principal in staff, the PROFESSIONAL shall have the opportunity to WCSD. Each unit member must be recalled for a period of twenty-four (24) months beyond the expiration date of his contract for a position which is vacant and categorized into one or more positions for which the PROFESSIONAL unit member is deemed qualified to hold, applying the following criteria to those unit members on the most recent “Seniority Year List”:
1. State License certification, subject area endorsement and highly qualified status as defined by the SuperintendentNCLB;
2. A PROFESSIONAL must respond to a recall notice within fourteen (14) calendar days Criminal records consisting of receipt of generally acceptable written notificationgross misdemeanor convictions;
3. Notice of recall shall be sent to Seniority – includes - National Administrative Board Certification;
4. Performance evaluations as defined below in the PROFESSIONAL “groupings” as described for FY 2011-2012 and ASSOCIATION. A refusal to accept a recall or a failure to respond to the notice as required shall constitute a severance of employment. It shall be the responsibility of the PROFESSIONAL on layoff to provide the Superintendent with an updated current mailing address.FY 2012-2013;
Appears in 1 contract
Sources: Negotiated Agreement